Following is a Section in an unofficial format derived from the final form of Senate Bill 628 of 2005, which was enacted by the Legislature and signed by the Governor into law on November 29, 2006 as Act 169 of 2006. This Section is provided for informational purposes only. You should check the official statutory form, and not rely solely on this counterpart. (See: Notice on Home page.)
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§ 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, it is valid until revoked by the principal or the principal's guardian of the person, notwithstanding the lapse of time since its execution.
(e)
Court approval unnecessary. -- A health care decision made by a health care agent for a principal is effective without court approval.