Pennsylvania § 5837 Removal of agent

Pennsylvania Statutes

§ 5837 — Removal of agent

Pennsylvania § 5837

Title 20DECEDENTS, ESTATES AND FIDUCIARIES

Ch. 58MENTAL HEALTH CARE

Subch.MENTAL HEALTH POWERS OF ATTORNEY

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Bluebook

20 Pa. Cons. Stat. § 5837 (2026).

Text

(a)Grounds for removal.--A mental health care agent may be removed by the court for any of the following reasons:

(1)Death or incapacity.

(2)Noncompliance with a mental health power of attorney.

(3)Physical assault or threats of harm.

(4)Coercion.

(5)Voluntary withdrawal by the agent.

(6)Divorce.

(b)Notice of voluntary withdrawal.--

(1)A mental health care agent who voluntarily withdraws shall inform the principal.

(2)If the mental health power of attorney is in effect, the agent shall notify providers of mental health treatment.

(c)Challenges.--Third parties may challenge the authority of a mental health agent in the orphan's court division of the court of common pleas.

(d)Effect of removal.--If a mental health power of attorney provides for a substitute agent, then

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(a) Grounds for removal.--A mental health care agent may be removed by the court for any of the following reasons:

(1) Death or incapacity.

(2) Noncompliance with a mental health power of attorney.

(3) Physical assault or threats of harm.

(4) Coercion.

(5) Voluntary withdrawal by the agent.

(6) Divorce.

(b) Notice of voluntary withdrawal.--

(1) A mental health care agent who voluntarily withdraws shall inform the principal.

(2) If the mental health power of attorney is in effect, the agent shall notify providers of mental health treatment.

(c) Challenges.--Third parties may challenge the authority of a mental health agent in the orphan's court division of the court of common pleas.

(d) Effect of removal.--If a mental health power of attorney provides for a substitute agent, then the substitute agent shall assume responsibility when the agent is removed. If the power of attorney does not provide for a substitute, then a mental health care provider shall follow any instructions in the power of attorney.