reglab/housing_qa huggingface dataset:
20 PA Cons Stat § 5613 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES|Chapter 56 - Powers of Attorney|Section 5613 - Meaning and effect of power of attorney

§ 5613. Meaning and effect of power of attorney. The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney is executed.  (July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017)   2016 Amendment. Act 79 added section 5613. Section 21(2)(ii) of Act 79 provided that the addition of section 5613 shall apply to all powers of attorney executed before, on or after the effective date of section 21(2)(ii).
20 PA Cons Stat § 5614 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES|Chapter 56 - Powers of Attorney|Section 5614 - Jurisdiction and venue

§ 5614. Jurisdiction and venue. (a) County having venue.--Venue of any matter pertaining to the exercise of a power by an agent acting under a power of attorney as provided in this chapter shall be in the county in which the principal is domiciled, a resident or residing in a long-term care facility.  (b) Declining jurisdiction.-- (1) A court having jurisdiction may decline to exercise jurisdiction if at any time it determines that a court of another county or state is a more appropriate forum.  (2) If a court of this Commonwealth declines to exercise jurisdiction, it shall either dismiss the proceeding or stay the proceeding upon condition that a proceeding be promptly commenced in another county or state. A court may impose any other condition that it deems appropriate.  (July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017)   2016 Amendment. Act 79 added section 5614. Section 21(2)(ii) of Act 79 provided that the addition of section 5614 shall apply to all powers of attorney executed before, on or after the effective date of section 21(2)(ii).
20 PA Cons Stat § 5701 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES|Chapter 57 - Absentees and Presumed Decedents|Section 5701 - Proof of death

 § 5701. Proof of death. (a) Finding of death.--When a person domiciled in the Commonwealth disappears and is absent from his place of residence without being heard of after diligent inquiry, the court of the county where he last resided, aided by the report of a master if necessary, upon the petition of any party in interest, and, if a trustee has been appointed for the absentee, at any time during the trusteeship, may make a finding and decree that the absentee is dead and of the date of his death, provided the notice required by section 5704 (relating to notice to absentee) has been given to the absentee.  (b) Presumption from absence.--When the death of a person or the date thereof is in issue, his unexplained absence from his last known place of residence and the fact that he has been unheard of for seven years may be a sufficient ground for finding that he died seven years after he was last heard of.  (c) Exposure to specific peril.--The fact that an absentee was exposed to a specific peril of death may be sufficient ground for finding that he died less than seven years after he was last heard of.  (d) Competency of witnesses.--All persons shall be competent to testify concerning the death or disappearance of an absentee regardless of relationship by marriage to him or of interest in his estate.  (e) Distribution of estate or trust.--If the continued existence of an absentee would affect the distribution of an estate or trust, the court having jurisdiction of the estate or trust may, for purposes of distribution of that estate or trust, make a finding and decree of death, as provided in this section, regardless of where the absentee was domiciled or last resided.   (July 9, 1976, P.L.551, No.135, eff. imd.)   1976 Amendment. Act 135 added subsec. (e).  Cross References. Section 5701 is referred to in sections 3540, 5706 of this title.
20 PA Cons Stat § 5703 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES|Chapter 57 - Absentees and Presumed Decedents|Section 5703 - Distribution of property of absentee

§ 5703. Distribution of property of absentee. Upon the entry of a decree establishing the death of a person domiciled in the Commonwealth, based in whole or in part upon his absence from his place of residence, the real and personal property of the absentee shall be administered by his personal representative as in the case of other decedents. However, the personal representative shall make no distribution of such property to the persons entitled thereto by will or by intestacy, nor shall such persons acquire indefeasible title thereto, except under decree of court. The court, in awarding distribution, shall require that a refunding bond, with or without security and in such form and amount as the court shall direct, shall be executed by each distributee and filed with the clerk. The bond shall be conditioned that, if it shall later be established that the absentee was in fact alive at the time of distribution, the distributee upon demand will return the property received by him or, if it has been disposed of, will make such restitution therefor as the court shall deem equitable. Should a distributee not execute the bond, the court shall appoint a trustee to receive and hold his share until further order of the court.    Cross References. Section 5703 is referred to in section 5706 of this title.
20 PA Cons Stat § 5704 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES|Chapter 57 - Absentees and Presumed Decedents|Section 5704 - Notice to absentee

§ 5704. Notice to absentee. The court, if satisfied concerning the interest of the petitioner, shall cause to be advertised in a newspaper of general circulation in the county of the absentee's last known residence and in the legal journal, if any, designated by rule of court for publication of legal notices, once a week for four successive weeks or for such shorter period as the court may deem appropriate, and to be otherwise advertised as the court according to the circumstances of the case shall deem advisable, the fact of such application, together with notice that on a specified day, which shall be at least two weeks after the last appearance of any such advertisement, the court, or a master appointed by the court for that purpose, will hear evidence concerning the alleged absence, including the circumstances and duration thereof.  (Dec. 16, 1992, P.L.1163, No.152, eff. imd.)   Cross References. Section 5704 is referred to in sections 5701, 5702, 5706 of this title.
20 PA Cons Stat § 5705 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES|Chapter 57 - Absentees and Presumed Decedents|Section 5705 - Search for absentee

§ 5705. Search for absentee. The court, on its own motion or upon the application of any party in interest, may direct the trustee to search for the absentee in any manner which the court shall deem appropriate, or may appoint a master, investigator or appropriate agency to do so. The expenses of such a search shall be paid out of the property of the absentee.
20 PA Cons Stat § 5706 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES|Chapter 57 - Absentees and Presumed Decedents|Section 5706 - Persons presumed dead from September 11, 2001, terrorist attack

§ 5706. Persons presumed dead from September 11, 2001, terrorist attack. The requirements of sections 5703 (relating to distribution of property of absentee) and 5704 (relating to notice to absentee) shall not apply with respect to a person who is presumed dead as a result of the terrorist attacks on September 11, 2001. These terrorist attacks constitute specific perils within the meaning of section 5701(c) (relating to proof of death) which would justify a court to immediately determine that the presumed decedent died on September 11, 2001.   (May 16, 2002, P.L.330, No.50, eff. imd.)   2002 Amendment. Act 50 added section 5706. See section 14(a) of Act 50 in the appendix to this title for special provisions relating to applicability.
20 PA Cons Stat § 5801 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES|Chapter 58 - Mental Health Care|Section 5801 - Applicability

 § 5801. Applicability. (a) General rule.--This chapter applies to mental health declarations and mental health powers of attorney.  (b) Preservation of existing rights.--The provisions of this chapter shall not be construed to impair or supersede any existing rights or responsibilities not addressed in this chapter.
20 PA Cons Stat § 5802 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES|Chapter 58 - Mental Health Care|Section 5802 - Definitions

§ 5802. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:  "Attending physician." A physician who has primary responsibility for the treatment and care of the declarant or principal.  "Declarant." An individual who makes a declaration in accordance with this chapter.  "Declaration." A writing made in accordance with this chapter that expresses a declarant's wishes and instructions for mental health care and mental health care directions and which may contain other specific directions.  "Mental health care." Any care, treatment, service or procedure to maintain, diagnose, treat or provide for mental health, including any medication program and therapeutical treatment.  "Mental health care agent." An individual designated by a principal in a mental health power of attorney.  "Mental health care provider." A person who is licensed, certified or otherwise authorized by the laws of this Commonwealth to administer or provide mental health care in the ordinary course of business or practice of a profession.  "Mental health power of attorney." A writing made by a principal designating an individual to make mental health care decisions for the principal.  "Mental health treatment professional." A licensed physician who has successfully completed a residency program in psychiatry or a person trained and licensed in social work, psychology or nursing who has a graduate degree and clinical experience in mental health.  "Principal." An individual who makes a mental health power of attorney in accordance with this chapter.
20 PA Cons Stat § 5803 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES|Chapter 58 - Mental Health Care|Section 5803 - Legislative findings and intent

 § 5803. Legislative findings and intent. (a) Intent.--This chapter provides a means for competent adults to control their mental health care either directly through instructions written in advance or indirectly through a mental health care agent.  (b) Presumption not created.--This chapter shall not be construed to create any presumption regarding the intent of an individual who has not executed a declaration or mental health care power of attorney to consent to the use or withholding of treatment.  (c) Findings in general.--The General Assembly finds that all capable adults have a qualified right to control decisions relating to their own mental health care.
20 PA Cons Stat § 5804 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES|Chapter 58 - Mental Health Care|Section 5804 - Compliance

 § 5804. Compliance. (a) Duty to comply.-- (1) An attending physician and mental health care provider shall comply with mental health declarations and powers of attorney.  (2) If an attending physician or other mental health care provider cannot in good conscience comply with a declaration or mental health care decision of a mental health care agent because the instructions are contrary to accepted clinical practice and medical standards or because treatment is unavailable or if the policies of a mental health care provider preclude compliance with a declaration or mental health care decision of a mental health care agent, immediately upon receipt of the declaration or power of attorney and as soon as any possibility of noncompliance becomes apparent, the attending physician or mental health care provider shall so inform the following:  (i) The declarant if the declarant is competent. (ii) The substitute named in the declaration if the declarant is incompetent. (iii) The guardian or other legal representative of the declarant if the declarant is incompetent and a substitute is not named in the declaration.  (iv) The mental health care agent of the principal. (3) The physician or mental health care provider shall document the reasons for noncompliance. (b) Transfer.--An attending physician or mental health care provider under subsection (a)(2) shall make every reasonable effort to assist in the transfer of the declarant or principal to another physician or mental health care provider who will comply with the declaration or mental health care decision of the mental health care agent. While the transfer is pending, the patient shall be treated consistent with the declaration or mental health care decision of the mental health agent. If reasonable efforts to transfer fail, the patient may be discharged.    Cross References. Section 5804 is referred to in section 5824 of this title.
20 PA Cons Stat § 5805 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES|Chapter 58 - Mental Health Care|Section 5805 - Liability

 § 5805. Liability. (a) General rule.--A person who is a physician, another mental health care provider or another person who acts in good faith and consistent with this chapter may not be subject to criminal or civil liability, discipline for unprofessional conduct or administrative sanctions and may not be found to have committed an act of unprofessional conduct by any professional board or administrative body with such authority as a result of any of the following:  (1) Complying with a direction or decision of an individual who the person believes in good faith has authority to act as a principal's mental health care agent so long as the direction or decision is not clearly contrary to the terms of the mental health power of attorney.  (2) Refusing to comply with a direction or decision of an individual based on a good faith belief that the individual lacks authority to act as a principal's mental health care agent.  (3) Complying with a mental health care power of attorney or declaration under the assumption that it was valid when made and has not been amended or revoked.  (4) Disclosing mental health care information to another person based upon a good faith belief that the disclosure is authorized, permitted or required by this chapter.  (5) Refusing to comply with the direction or decision of an individual due to conflicts with a provider's contractual, network or payment policy restrictions.  (6) Refusing to comply with a declaration or mental health power of attorney which violates accepted clinical standards or medical standards of care.  (7) Making a determination that the patient lacks capacity to make mental health decisions that causes a declaration or a mental health power of attorney to become effective.  (8) Failing to determine that a patient lacks capacity to make mental health decisions for the purposes of this chapter.  (b) Same effect as if dealing with principal.--Any attending physician, mental health care provider and other person who acts under subsection (a) shall be protected and released to the same extent as if dealing directly with a competent principal.  (c) Good faith of mental health care agent.--A mental health care agent who acts according to the terms of a mental health power of attorney may not be subject to civil or criminal liability for acting in good faith for a principal or failing in good faith to act for a principal.
20 PA Cons Stat § 5806 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES|Chapter 58 - Mental Health Care|Section 5806 - Penalties

 § 5806. Penalties. (a) Offense defined.--A person commits a felony of the third degree by willfully:  (1) Concealing, canceling, altering, defacing, obliterating or damaging a declaration without the consent of the declarant.  (2) Concealing, canceling, altering, defacing, obliterating or damaging a mental health power of attorney or any amendment or revocation thereof without the consent of the principal.  (3) Causing a person to execute a declaration or power of attorney under this chapter by undue influence, fraud or duress.  (4) Falsifying or forging a mental health power of attorney or declaration or any amendment or revocation thereof, the result of which is a direct change in the mental health care provided to the principal.  (b) Removal and liability.--An agent who willfully fails to comply with a mental health power of attorney may be removed and sued for actual damages.
20 PA Cons Stat § 5807 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES|Chapter 58 - Mental Health Care|Section 5807 - Rights and responsibilities

 § 5807. Rights and responsibilities. (a) Declarants and principals.--Persons who execute a declaration or a mental health power of attorney shall have the following rights and responsibilities:  (1) For the purposes of this chapter, persons are presumed capable of making mental health decisions, including the execution of a mental health declaration or power of attorney, unless they are adjudicated incapacitated, involuntarily committed or found to be incapable of making mental health decisions after examination by a psychiatrist and one of the following: another psychiatrist, psychologist, family physician, attending physician or mental health treatment professional. Whenever possible, at least one of the decision makers shall be a treating professional of the declarant or principal.  (2) Persons shall be required to notify their mental health care provider of the existence of any declaration or mental health power of attorney.  (3) Persons shall execute or amend their declarations or mental health powers of attorney every two years; however, if a person is incapable of making mental heath care decisions at the time this document would expire, the document shall remain in effect and be reviewed at the time when the person regains capacity.  (4) Persons shall give notice of amendment and revocation to providers, agents and guardians, if any.  (b) Providers.--Mental health treatment providers shall have the following rights and responsibilities:  (1) Inquire as to the existence of declarations or powers of attorney for persons in their care.  (2) Inform persons who are being discharged from treatment about the availability of mental health declarations and powers of attorney as part of discharge planning.  (3) Not require declarations or powers of attorney as conditions of treatment. Mental health treatment providers may not choose whether to accept a person for treatment based solely on the existence or absence of a mental health declaration or power of attorney.
20 PA Cons Stat § 5821 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES|Chapter 58 - Mental Health Care|Section 5821 - Short title of subchapter

§ 5821. Short title of subchapter. This subchapter shall be known and may be cited as the Advance Directive for Mental Health Act.
20 PA Cons Stat § 5822 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES|Chapter 58 - Mental Health Care|Section 5822 - Execution

§ 5822. Execution. (a) Who may make.--An individual who is at least 18 years of age or an emancipated minor and has not been deemed incapacitated pursuant to section 5511 (relating to petition and hearing; independent evaluation) or severely mentally disabled pursuant to Article III of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, may make a declaration governing the initiation, continuation, withholding or withdrawal of mental health treatment.  (b) Requirements.--A declaration must be:  (1) Dated and signed by the declarant by signature or mark or by another individual on behalf of and at the direction of the declarant.  (2) Witnessed by two individuals, each of whom must be at least 18 years of age. (c) Witnesses.-- (1) An individual who signs a declaration on behalf of and at the direction of a declarant may not witness the declaration.  (2) A mental health care provider and its agent may not sign a declaration on behalf of and at the direction of a declarant if the mental health care provider or agent provides mental health care services to the declarant.    Cross References. Section 5822 is referred to in section 5826 of this title.
20 PA Cons Stat § 5824 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES|Chapter 58 - Mental Health Care|Section 5824 - Operation

 § 5824. Operation. (a) When operative.--A declaration becomes operative when:  (1) A copy is provided to the attending physician. (2) The conditions stated in the declaration are met. (b) Compliance.--When a declaration becomes operative, the attending physician and other mental health care providers shall act in accordance with its provisions or comply with the transfer provisions of section 5804 (relating to compliance).  (c) Invalidity of specific direction.--If a specific direction in the declaration is held to be invalid, the invalidity shall not be construed to negate other directions in the declaration that can be effected without the invalid direction.  (d) Mental health record.--A physician or other mental health care provider to whom a copy of a declaration is furnished shall make it a part of the mental health record of the declarant for at least two years from the date of execution and, if unwilling to comply with the declaration, promptly so advise those listed in section 5804(a)(2).  (e) Duration.--A declaration shall be valid until revoked by the declarant or until two years from the date of execution. If a declaration for mental health treatment has been invoked and is in effect at the specified expiration date after its execution, the declaration shall remain effective until the principal is no longer incapable.  (f) Absence of declaration.--If an individual does not make a declaration, a presumption does not arise regarding the intent of the individual to consent to or to refuse a mental health treatment.