218 College Park Plaza
Johnstown, PA 15904
(814) 270-9354 Direct
(814) 262-2123 Office

Pennsylvania Estate Law Library

Mental Health Living Will, Delivery
Upon completion and proper execution, a mental health living will may be immediately delivered to the declarant's attending physician or mental health care provider.

An attending physician or mental health care provider who is willing to comply with its instructions is required to make the Mental Health Living Will a part of the declarant's mental health records for at least two years from the date it was signed. An attending physician or mental health care provider who is not willing to comply with the terms of the mental health living will is required to immediately inform the declarant of his or her unwillingness to follow its instructions.

A mental health living will may also be delivered to the nominated guardian or contact person, if any.

It is not necessary to deliver the document to any person prior to its effectiveness. Provided that the document is certain to be located when necessary, its instructions must be followed at that time.

It is important to note that safe deposit boxes may only be accessed by a joint owner. If a mental health living will is placed in a safe deposit box that is registered solely in the name of the declarant, the declarant is the only person with the ability to access that box and remove the document.

See: Mental Health Living Will, Generally; Mental Health Living Will, Revoking; Mental Health Living Will, When Effective; Mental Health Living Will, Who May Create; Mental Health Living Will, Amending