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Pennsylvania Estate Law Library

Mental Health Living Will, Amending
Prior to being determined incapable of making mental health care decisions independently, a declarant may amend the mental health living will at any time.

A declarant who has been involuntarily committed must be found capable of making independent mental health care treatment decisions before being permitted to amend his or her mental health living will. Such a determination can only be made by a psychiatrist, whose opinion must be substantiated by at least one of the following:
1. Another psychiatrist.
2. A psychologist.
3. A family physician.
4. An attending physician.
5. A mental health treatment professional.

Without the appropriate determination by at least two of the above persons, the mental health living will cannot be amended during periods of involuntary commitment.  Also, amending a mental health living will requires the same formalities of execution and witnesses that are necessary to create an original mental health living will.

See: Mental Health Living Will, Generally; Mental Health Living Will, Who May Create; Mental Health Living Will, Duration of Effect; Witnesses, Generally