Key Takeaways:
- A “living will” states treatment wishes in writing, while a “healthcare power of attorney” names a trusted person to speak for the patient.
- These documents usually take effect only after a doctor decides whether the patient can no longer make or share decisions.
- A Pennsylvania directive must be written, dated, signed by a person of sound mind or at that person’s direction, and witnessed by two adults.
Many Pennsylvanians work with Media estate and wills lawyers to put their medical wishes in writing, so their families never have to guess during a crisis. In most cases, adults need both a living will and a named healthcare agent, which gives doctors clear instructions and gives loved ones a single voice to follow. Well-drafted documents spell out treatment wishes, meet state signing rules, and hand decision-making authority to someone the patient trusts.
What Is a Living Will in Pennsylvania?
A “living will” is a written set of treatment instructions that applies only if someone becomes terminally ill or permanently unconscious. When drafting a living will, Pennsylvania residents follow Chapter 54 of Title 20 of the state’s Consolidated Statutes, which took its current form through Act 169 of 2006. The law lets a person accept or refuse life support in advance.
How Is It Different From a Healthcare Power of Attorney?
By signing a “healthcare power of attorney,” you name a trusted person, called an “agent,” to make medical decisions for you should you become unable to do so. A living will works differently because it only records written instructions. If a stroke leaves a father unable to speak, for example, the daughter he chose can approve rehab and talk with his doctors. Without an agent, relatives who disagree may end up asking the Delaware County Orphans’ Court in Media to decide.
When Does an Advance Directive Take Effect?
To activate an “advance healthcare directive,” PA law requires that the attending doctor have a copy and find that the patient cannot make or communicate decisions. A living will need one more step; a doctor must also confirm an end-stage medical condition or permanent unconsciousness.
What Decisions Can It Cover?
A living will can address CPR, breathing machines, tube feeding, dialysis, antibiotics, and pain relief. A medical Power of Attorney (POA) reaches further, giving an agent authority over everyday care choices. For example, that agent can choose doctors and approve surgery. Through a medical POA, PA residents can also allow an agent to decide on admission to a nursing home or hospice.
How Do You Make One Valid in PA?
A valid “directive” must be in writing, signed, dated, and witnessed by two adults. Anyone signing an end-of-life directive in Pennsylvania must be of sound mind and at least 18, a high school graduate, married, or an emancipated minor. Although no notary or filing at the Delaware County Courthouse is required, keep the original somewhere easy to find, and send copies to your doctor and agent.
Frequently Asked Questions (FAQs):
Can a living will be changed or revoked later?
You can revoke your living will at any time, in any way, and the revocation takes effect once the doctor or another provider learns of it.
Does a directive signed in another state work in Pennsylvania?
Generally, yes. Pennsylvania honors a directive that followed the other state’s rules, except for any terms that conflict with Pennsylvania law.
Who can serve as a healthcare agent?
Most adults can serve, including a spouse, grown child, or close friend.
Plan Today for Tomorrow’s Medical Choices With Our Compassionate Media Estate and Wills Lawyers at Eckell Sparks
To discuss these concerns in more detail, contact our Media estate and wills lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. Call 610-565-3700 or complete our online form today for an initial consultation. With office locations in Media and West Chester, Pennsylvania, we proudly serve clients in the surrounding areas.