§ 5454. When health care power of attorney operative.
(a) When operative.--Unless otherwise specified in the health care power of attorney, a health care power
of attorney becomes operative when:
(1) a copy is provided to the attending physician; and
(2) the attending physician determines that the principal is incompetent.
(b) When inoperative.--Unless otherwise specified in the health care power of attorney, a health care power
of attorney becomes inoperative during such time as, in the determination of the attending
physician, the principal is competent.
(c) Invalidity of specific direction.--If a specific direction in the health care power of attorney is held to be invalid,
the invalidity does not negate other directions in the health care power of attorney
that can be effected without the invalid direction.
(d) Duration.--Unless the health care power of attorney states a time of termination, notwithstanding
the lapse of time since the health care power of attorney was executed, the health
care power of attorney is valid until revoked by any of the following:
(1) The principal.
(2) The court.
(3) If authorized by the court, the principal's guardian of the person.
(e) Court approval unnecessary.--A health care decision made by a health care agent for a principal is effective without
court approval.
(July 8, 2016, P.L.497, No.79, eff. imd.)
2016 Amendment. Act 79 amended subsec. (d).
Cross References. Section 5454 is referred to in section 5456 of this title.
Notes of Decisions
Cited in
3
cases, 2009–2019 · leading case:
In re Delevie, 204 A.3d 505 (Pa. Super. Ct. 2019).
In re Delevie, 204 A.3d 505 (Pa. Super. Ct. 2019).
“Did the trial court commit an error of law and deny [Appellant] due process in interpreting 20 Pa.C.S. § 5454(d) when it (1) allowed [P]etitioner to amend his original § 461(e) petition, and (2) immediately revoked [M]other's health care power of attorney? 3.”
In re D.L.H., 967 A.2d 971 (Pa. Super. Ct. 2009).
· cites it 2× “20 Pa.C.S. § 5454(e). ¶ 20 Before proceeding further in our analysis, we find it necessary to discuss the distinction recognized in the common law between the roles and powers of a guardian and those of an agent in relationship to the incapacitated and/or principal.”
In re deLevie, E., No. 660 MDA 2018 (Pa. Super. Ct. Feb. 15, 2019).
“Did the trial court commit an error of law and deny [Appellant] due process in interpreting 20 Pa.C.S. § 5454(d) when it (1) allowed [P]etitioner to amend his original § 461(e) petition, and (2) immediately revoked [M]other’s health care power of attorney? 3.”
20 Pa. Cons. Stat. § 5454(d): 2 cases
In re Delevie, 204 A.3d 505 (Pa. Super. Ct. 2019).
“Did the trial court commit an error of law and deny [Appellant] due process in interpreting 20 Pa.C.S. § 5454(d) when it (1) allowed [P]etitioner to amend his original § 461(e) petition, and (2) immediately revoked [M]other's health care power of attorney? 3.”
In re deLevie, E., No. 660 MDA 2018 (Pa. Super. Ct. Feb. 15, 2019).
“Did the trial court commit an error of law and deny [Appellant] due process in interpreting 20 Pa.C.S. § 5454(d) when it (1) allowed [P]etitioner to amend his original § 461(e) petition, and (2) immediately revoked [M]other’s health care power of attorney? 3.”
20 Pa. Cons. Stat. § 5454(e): 1 case
In re D.L.H., 967 A.2d 971 (Pa. Super. Ct. 2009).
“20 Pa.C.S. § 5454(e). ¶ 20 Before proceeding further in our analysis, we find it necessary to discuss the distinction recognized in the common law between the roles and powers of a guardian and those of an agent in relationship to the incapacitated and/or principal.”
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