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2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Section 5825 - Revocation

§ 5825. Revocation.
(a) When declaration may be revoked.--
A declaration may be revoked by the declarant at any time, either orally or in writing, in whole or in part, unless the individual has been found to be incapable of making mental health decisions or the individual has been involuntarily committed.
(b) Capacity to revoke.--
Subsection (a) notwithstanding, during a period of involuntary commitment pursuant to Article III of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, a declarant may revoke the declaration only if found to be capable of making mental health decisions after examination by a psychiatrist and one of the following: another psychiatrist, a psychologist, a family physician, an attending physician or a mental health treatment professional. Whenever possible, at least one of the decision makers shall be a treating professional of the declarant or principal.
(c) Effect of revocation.--
A revocation of a declaration shall be effective upon communication to the attending physician or other mental health care provider by the declarant or a witness to the revocation of the intent to revoke.
(d) Mental health record.--
An attending physician or other mental health care provider shall make revocation, a finding of capacity or a declaration part of the mental health record of the declarant.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Section 5826 - Amendment

§ 5826. Amendment.
(a) Capacity to amend.--
While having the capacity to make mental health decisions, a declarant may amend a declaration by a writing executed in accordance with the provisions of section 5822 (relating to execution).
(b) Determination of capacity.--
During the period of involuntary treatment pursuant to Article III of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, a declarant may amend the declaration if the individual is found to be capable of making mental health decisions after examination by a psychiatrist and one of the following: another psychiatrist, a 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Section 5832 - Execution

§ 5832. Execution.
(a) Who may make.--
An individual who is at least 18 years of age or an emancipated minor and who has not been deemed incapacitated pursuant to section 5511 (relating to petition and hearing; independent evaluation) or found to be 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 mental health power of attorney governing the initiation, continuation, withholding or withdrawal of mental health treatment.
(b) Requirements.--
A mental health power of attorney must be:
(1) Dated and signed by the principal by signature or mark or by another individual on behalf of and at the direction of the principal.
(2) Witnessed by two individuals, each of whom must be at least 18 years of age.
(c) Witnesses.--
(1) An individual who signs a mental health power of attorney on behalf of and at the direction of a principal may not witness the mental health power of attorney.
(2) A mental health care provider and its agent may not sign a mental health power of attorney on behalf of and at the direction of a principal if the mental health care provider or agent provides mental health care services to the principal.
Cross References.
Section 5832 is referred to in section 5840 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Section 5834 - Operation

§ 5834. Operation.
(a) When operative.--
A mental health power of attorney shall become operative when:
(1) A copy is provided to the attending physician.
(2) The conditions stated in the power of attorney are met.
(b) Invalidity of specific direction.--
If a specific direction in a mental health power of attorney is held to be invalid, the invalidity does not negate other directions in the mental health power of attorney that can be effected without the invalid direction.
(c) Duration.--
A mental health power of attorney shall be valid until revoked by the principal or until two years after the date of execution. If a mental health power of attorney for mental health treatment has been invoked and is in effect at the specified date of expiration after its execution, the mental health power of attorney shall remain effective until the principal is no longer incapable.
(d) Court approval unnecessary.--
A mental health care decision made by a mental health care agent for a principal shall be effective without court approval.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Section 5835 - Appointment of mental health care agents

§ 5835. Appointment of mental health care agents.
(a) Successor mental health care agents.--
A principal may appoint one or more successor agents who shall serve in the order named in the mental health power of attorney unless the principal expressly directs to the contrary.
(b) Who may not be appointed mental health care agent.--
Unless related to the principal by blood, marriage or adoption, a principal may not appoint any of the following to be the mental health care agent:
(1) The principal's attending physician or other mental health care provider or an employee of the attending physician or other mental health care provider.
(2) An owner, operator or employee of a residential facility in which the principal receives care.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Section 5836 - Authority of mental health care agent

§ 5836. Authority of mental health care agent.
(a) Extent of authority.--
Except as expressly provided otherwise in a mental health power of attorney and subject to subsections (b) and (c), a mental health care agent may make any mental health care decision and exercise any right and power regarding the principal's care, custody and mental health care treatment that the principal could have made and exercised.
(b) Powers not granted.--
A mental health power of attorney may not convey the power to relinquish parental rights or consent to psychosurgery.
(c) Powers and duties only specifically granted.--
Unless specifically included in a mental health power of attorney, the agent shall not have the power to consent to electroconvulsive therapy or to experimental procedures or research.
(d) Mental health care decisions.--
After consultation with mental health care providers and after consideration of the prognosis and acceptable alternatives regarding diagnosis, treatments and side effects, a mental health care agent shall make mental health care decisions in accordance with the mental health care agent's understanding and interpretation of the instructions given by the principal at a time when the principal had the capacity to make and communicate mental health care decisions. Instructions include a declaration made by the principal and any clear written or verbal directions that cover the situation presented. In the absence of instructions, the mental health care agent shall make mental health care decisions conforming with the mental health care agent's assessment of the principal's preferences.
(e) Mental health care information.--
(1) Unless specifically provided otherwise in a mental health power of attorney, a mental health care agent shall have the same rights and limitations as the principal to request, examine, copy and consent or refuse to consent to the disclosure of mental health care information.
(2) Disclosure of mental health care information to a mental health care agent shall not be construed to constitute a waiver of any evidentiary privilege or right to assert confidentiality.
(3) A mental health care provider that discloses mental health care information to a mental health care agent in good faith shall not be liable for the disclosure.
(4) A mental health care agent may not disclose mental health care information regarding the principal except as is reasonably necessary to perform the agent's obligations to the principal or as otherwise required by law.
(f) Liability of agent.--
A mental health care agent shall not be personally liable for the costs of care and treatment of the principal.
Cross References.
Section 5836 is referred to in section 5843 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Section 5837 - Removal of agent

§ 5837. Removal of agent.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Section 5838 - Effect of divorce

§ 5838. Effect of divorce.
If the spouse of a principal is designated as the principal's mental health care agent and thereafter either spouse files an action in divorce, the designation of the spouse as mental health care agent shall be revoked as of the time the action is filed unless it clearly appears from the mental health power of attorney that the designation was intended to continue to be effective notwithstanding the filing of an action in divorce by either spouse.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Section 5839 - Revocation

§ 5839. Revocation.
(a) When a mental health power of attorney may be revoked.--
A mental health power of attorney may be revoked by the principal at any time, either orally or in writing in whole or in part, unless the principal has been found to be incapable of making mental health treatment decisions or the principal has been involuntarily committed.
(b) Capacity to revoke.--
Notwithstanding subsection (a), during a period of involuntary commitment pursuant to Article III of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, a principal may revoke the mental health power of attorney only if found to be capable of making mental health decisions after examination by a psychiatrist and one of the following: another psychiatrist, a psychologist, a family physician, an attending physician or a mental health treatment professional. Whenever possible, at least one of the decision makers shall be a treating professional of the declarant or principal.
(c) Effect of revocation.--
A revocation shall be effective upon communication to the attending physician or other mental health care provider by the principal or a witness to the revocation of the intent to revoke.
(d) Mental health record.--
The attending physician or other mental health care provider shall make the revocation or a finding of capacity part of the mental health record of the declarant.
(e) Reliance on mental health power of attorney.--
A physician or other mental health care provider may rely on the effectiveness of a mental health power of attorney unless notified of its revocation.
(f) Subsequent action by agent.--
A mental health care agent who has notice of the revocation of a mental health power of attorney may not make or attempt to make mental health care decisions for the principal.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Section 5840 - Amendment

§ 5840. Amendment.
While having the capacity to make mental health decisions, a principal may amend a mental health power of attorney by a writing executed in accordance with the provisions of section 5832 (relating to execution).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Section 5841 - Relation of mental health care agent to court-appointed guardian and other agents

§ 5841. Relation of mental health care agent to court-appointed guardian and other agents.
(a) Procedure.--
(1) Upon receipt of notice of a guardianship proceeding, a provider shall notify the court and the agent at the guardianship proceeding of the existence of a mental health advance directive.
(2) Upon receipt of a notice of guardianship proceeding, the agent shall inform the court of the contents of the mental health advance directive.
(b) Accountability of mental health care agent.--
(1) If a principal who has executed a mental health power of attorney is later adjudicated an incapacitated person, the mental health power of attorney shall remain in effect.
(2) The court shall give preference to allowing the agent to continue making mental health care decisions as provided in the mental health advance directive unless the principal specified that the guardian has the power to terminate, revoke or suspend the mental health power of attorney in the advance directive.
(3) If, after thorough examination, the court grants the powers contained in the mental health advance directive to the guardian, the guardian shall be bound by the same obligations as the agent would have been.
(c) Nomination of guardian of person.--
In a mental health power of attorney, a principal may nominate the guardian of the person for the principal for consideration by the court if incapacity proceedings for the principal's person are thereafter commenced. If the court determines that the appointment of a guardian is necessary, the court shall appoint in accordance with the principal's most recent nomination except for good cause or disqualification.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Section 5842 - Duties of attending physician and mental health care provider

§ 5842. Duties of attending physician and mental health care provider.
(a) Compliance with decisions of mental health care agent.--
Subject to any limitation specified in a mental health power of attorney, an attending physician or mental health care provider shall comply with a mental health care decision made by a mental health care agent to the same extent as if the decision had been made by the principal.
(b) Mental health record.--
(1) An attending physician or mental health care provider who is given a mental health power of attorney shall arrange for the mental health power of attorney or a copy to be placed in the mental health record of the principal.
(2) An attending physician or mental health care provider to whom an amendment or revocation of a mental health power of attorney is communicated shall promptly enter the information in the mental health record of the principal and maintain a copy if one is furnished.
(c) Record of determination.--
An attending physician who determines that a principal is unable to make or has regained the capacity to make mental health treatment decisions or makes a determination that affects the authority of a mental health care agent shall enter the determination in the mental health record of the principal and, if possible, promptly inform the principal and any mental health care agent of the determination.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Section 5843 - Construction

§ 5843. Construction.
(a) General rule.--
Nothing in this subchapter shall be construed to:
(1) Affect the requirements of other laws of this Commonwealth regarding consent to observation, diagnosis, treatment or hospitalization for a mental illness.
(2) Authorize a mental health care agent to consent to any mental health care prohibited by the laws of this Commonwealth.
(3) Affect the laws of this Commonwealth regarding any of the following:
(i) The standard of care of a mental health care provider required in the administration of mental health care or the clinical decision-making authority of the mental health care provider.
(ii) When consent is required for mental health care.
(iii) Informed consent for mental health care.
(4) Affect the ability to admit a person to a mental health facility under the voluntary and involuntary commitment provisions of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act.
(b) Disclosure.--
(1) The disclosure requirements of section 5836(e) (relating to authority of mental health care agent) shall supersede any provision in any other State statute or regulation that requires a principal to consent to disclosure or which otherwise conflicts with section 5836(e), including, but not limited to, the following:
(i) The act of April 14, 1972 (P.L.221, No.63), known as the Pennsylvania Drug and Alcohol Abuse Control Act.
(ii) Section 111 of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act.
(iii) The act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act.
(iv) Section 41 of the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985.
(v) The act of November 29, 1990 (P.L.585, No.148), known as the Confidentiality of HIV-Related Information Act.
(2) The disclosure requirements under section 5836(e) shall not apply to the extent that the disclosure would be prohibited by Federal law and implementing regulations.
(c) Notice and acknowledgment requirements.--
The notice and acknowledgment requirements of section 5601(c) and (d) (relating to general provisions) shall not apply to a power of attorney that provides exclusively for mental health care decision making.
(d) Legal remedies.--
An interested party may file a petition seeking a determination that following the directions in the declaration or the mental health power of attorney may cause potential irreparable harm or death. In that event, the court may invalidate some or all of the provisions and issue orders appropriate to the circumstances authorizing treatment. The courts shall issue an order within 72 hours from the filing of the petition.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Section 5844 - Conflicting provisions

§ 5844. Conflicting provisions.
If a provision of a mental health power of attorney conflicts with:
(1) The provision of another mental health power of attorney or with a provision of a declaration, the provision of the instrument latest in date of execution shall prevail to the extent of the conflict.
(2) A power of attorney, the provision in the mental health power of attorney shall prevail to the extent of the conflict regardless of the date of execution.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Section 5845 - Validity

§ 5845. Validity.
This subchapter shall not be construed to limit the validity of a health care power of attorney executed prior to the effective date of this subchapter. A mental health power of attorney executed in another state or jurisdiction and in conformity with the laws of that state or jurisdiction shall be considered valid in this Commonwealth, except to the extent that the mental health power of attorney executed in another state or jurisdiction would allow a mental health care agent to make a mental health care decision inconsistent with the laws of this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 59 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Extra - Chapter Notes

Enactment.
Chapter 59 was added July 5, 2012, P.L.975, No.108, effective in 60 days.
Cross References.
Subchapter B is referred to in section 5903 of this title.
Cross References.
Subchapter C is referred to in section 5903 of this title.
Cross References.
Subchapter E is referred to in section 5903 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 59 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Section 5901 - Short title of chapter

§ 5901. Short title of chapter.
This chapter shall be known and may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 59 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Section 5902 - Definitions

§ 5902. 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:
"Adult."
An individual who has attained 18 years of age.
"Conservator."
A person appointed by the court to administer the property of an adult, including a person appointed under Chapter 55 (relating to incapacitated persons) as the guardian of the estate of an adult.
"Guardian."
A person appointed by the court to make decisions regarding the person of an adult, including a person appointed under Chapter 55 (relating to incapacitated persons) as the guardian of the person of an adult.
"Guardianship order."
An order appointing a guardian.
"Guardianship proceeding."
A judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
"Incapacitated person."
An adult for whom a guardian has been appointed.
"Party."
The respondent, petitioner, guardian, conservator or any other person allowed by the court to participate in a guardianship or protective proceeding.
"Person."
Notwithstanding 1 Pa.C.S. § 1991 (relating to definitions) and except in the term "incapacitated person" or "protected person," any:
(1) individual;
(2) corporation;
(3) business trust;
(4) estate;
(5) trust;
(6) partnership;
(7) limited liability company;
(8) association;
(9) joint venture;
(10) public corporation;
(11) government or governmental subdivision, agency or instrumentality; or
(12) other legal or commercial entity.
"Protected person."
An adult for whom a protective order has been issued.
"Protective order."
An order appointing a conservator or other order related to management of an adult's property.
"Protective proceeding."
A judicial proceeding in which a protective order is sought or has been issued.
"Record."
Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
"Respondent."
An adult for whom a protective order or the appointment of a guardian is sought.
"State."
A state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, a federally recognized Indian tribe or any territory or insular possession subject to the jurisdiction of the United States.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 59 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Section 5903 - International application of chapter

§ 5903. International application of chapter.
A court of this Commonwealth may treat a foreign country as if it were a state for the purpose of applying this subchapter and Subchapters B (relating to jurisdiction), C (relating to transfer of guardianship or conservatorship) and E (relating to miscellaneous provisions).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 59 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Section 5904 - Communication between courts

§ 5904. Communication between courts.
(a) Authorization.--
A court of this Commonwealth may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(b) Exception.--
Courts may communicate concerning schedules, calendars, court records and other administrative matters without making a record.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 59 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Section 5905 - Cooperation between courts

§ 5905. Cooperation between courts.
(a) Initiation.--
In a guardianship or protective proceeding in this Commonwealth, a court of this Commonwealth may request the appropriate court of another state to do any of the following:
(1) Hold an evidentiary hearing.
(2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state.
(3) Order that an evaluation or assessment be made of the respondent.
(4) Order any appropriate investigation of a person involved in a proceeding.
(5) Forward to the court of this Commonwealth a certified copy of the transcript or other record of a hearing under paragraph (1) or any other proceeding, any evidence otherwise produced under paragraph (2) and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4).
(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person.
(7) Issue an order authorizing the release of medical, financial, criminal or other relevant information in that state, including protected health information as defined in 45 CFR 160.103 (relating to definitions).
(8) Take or refrain from taking any other action to facilitate the prompt and fair resolution of matters subject to this chapter.
(b) Response.--
If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of this Commonwealth has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 59 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Section 5906 - Taking testimony in another state

§ 5906. Taking testimony in another state.
(a) General procedures.--
In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this Commonwealth for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b) Means.--
In a guardianship or protective proceeding, a court in this Commonwealth may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this Commonwealth shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 59 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Section 5911 - Definitions; significant connection factors

§ 5911. Definitions; significant connection factors.
(a) Definitions.--
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Emergency."
A circumstance:
(1) which likely will result in substantial harm to a respondent's health, safety or welfare; and
(2) for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf.
"Home state."
One of the following:
(1) The state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian.
(2) If the requirement of paragraph (1) is not met, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.
"Significant-connection state."
A state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(b) Significant connection factors.--
In determining under sections 5913 (relating to jurisdiction) and 5921(e) (relating to transfer of guardianship or conservatorship to another state) whether a respondent has a significant connection with a particular state, the court shall consider all of the following:
(1) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding.
(2) The length of time the respondent at any time was physically present in the state and the duration of any absence.
(3) The location of the respondent's property.
(4) The extent to which the respondent has ties to the state. This paragraph includes voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship and receipt of services.
Cross References.
Section 5911 is referred to in section 5921 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 59 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Section 5912 - Exclusive basis

§ 5912. Exclusive basis.
Notwithstanding any inconsistent provisions of Chapter 55 (relating to incapacitated persons), this subchapter provides the exclusive jurisdictional basis for a court of this Commonwealth to appoint a guardian or issue a protective order for an adult.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 59 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Section 5913 - Jurisdiction

§ 5913. Jurisdiction.
A court of this Commonwealth has jurisdiction to appoint a guardian or issue a protective order for a respondent if one of the following paragraphs applies:
(1) This Commonwealth is the respondent's home state.
(2) On the date the petition is filed, all of the following subparagraphs apply:
(i) This Commonwealth is a significant-connection state.
(ii) One of the following clauses applies:
(A) The respondent does not have a home state, or a court of the respondent's home state has declined to exercise jurisdiction because this Commonwealth is a more appropriate forum or has declined to exercise jurisdiction in a manner not inconsistent with a determination that this Commonwealth is a more appropriate forum.
(B) The respondent has a home state; a petition for an appointment or order is not pending in a court of that state or another significant-connection state; and, before the court makes the appointment or issues the order:
(I) a petition for an appointment or order is not filed in the respondent's home state;
(II) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(III) the court in this Commonwealth concludes that it is an appropriate forum under the factors set forth in section 5916 (relating to appropriate forum).
(3) All of the following subparagraphs apply:
(i) This Commonwealth does not have jurisdiction under either paragraph (1) or (2).
(ii) The respondent's home state and all significant-connection states have declined to exercise jurisdiction because this Commonwealth is the more appropriate forum or has declined to exercise jurisdiction in a manner not inconsistent with a determination that this Commonwealth is a more appropriate forum.
(iii) Jurisdiction in this Commonwealth is consistent with the Constitution of the United States and the Constitution of Pennsylvania.
(4) The requirements for special jurisdiction under section 5914 (relating to special jurisdiction) are met.
Cross References.
Section 5913 is referred to in sections 5911, 5914, 5916, 5917, 5919 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 59 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Section 5914 - Special jurisdiction

§ 5914. Special jurisdiction.
(a) Scope.--
Notwithstanding the requirements of section 5513 (relating to emergency guardian) as it relates to limiting the duration of an order appointing an emergency guardian of the person or estate, a court of this Commonwealth lacking jurisdiction under section 5913(1), (2) or (3) (relating to jurisdiction) has special jurisdiction to do any of the following:
(1) Appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this Commonwealth.
(2) Issue a protective order with respect to real or tangible personal property located in this Commonwealth, including, in an emergency, a protective order for a term not exceeding 90 days.
(3) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to section 5921 (relating to transfer of guardianship or conservatorship to another state).
(b) Dismissal.--
If a petition for the appointment of a guardian in an emergency is brought in this Commonwealth and this Commonwealth was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
Cross References.
Section 5914 is referred to in sections 5913, 5915, 5919 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 59 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Section 5915 - Exclusive and continuing jurisdiction

§ 5915. Exclusive and continuing jurisdiction.
Except as otherwise provided in section 5914 (relating to special jurisdiction), a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 59 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Section 5916 - Appropriate forum

§ 5916. Appropriate forum.
(a) Decline to exercise jurisdiction.--
A court of this Commonwealth having jurisdiction under section 5913 (relating to jurisdiction) to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b) Procedure.--
If a court of this Commonwealth declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(c) Consideration.--
In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1) any expressed preference of the respondent;
(2) whether abuse, neglect or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect or exploitation;
(3) the length of time the respondent was physically present in or was a legal resident of this Commonwealth or another state;
(4) the distance of the respondent from the court in each state;
(5) the financial circumstances of the respondent's estate;
(6) the nature and location of the evidence;
(7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8) the familiarity of the court of each state with the facts and issues in the proceeding; and
(9) if an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
Cross References.
Section 5916 is referred to in sections 5913, 5917 of this title.