(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.
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