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Pennsylvania Estate Law Library

Mental Health Living Will, Duration of Effect
Unless revoked earlier, a mental health living will automatically expires two years from the date of its execution according to Pennsylvania law.  However, if the mental health living will is effective at the time of the two year benchmark, it will continue to be effective and have its terms followed until the declarant is capable of making personal mental health care decisions.

For Example:
Mark executes a valid mental health living will on September 6, 2010. He is then admitted for mental health treatment and determined incapable of making independent mental health care decisions on August 6, 2012, just one month before his mental health living will expires.

If Mark is still incapable of making independent mental health care decisions on September 6, 2012 his mental health living will continues to be effective until that determination is made, regardless of how much time passes beyond the original September 6, 2012 expiration date.

See: Mental Health Living Will, When Effective; Mental Health Living Will, Generally; Mental Health Living Will, Revoking; Mental Health Living Will, Amending; Mental Health Living Will, Delivery