A Pennsylvania advance directive is a set of instructions that informs medical agents and providers about how to handle a person’s medical care should they be unable to speak for themselves. A “living will” lists treatments that the individual would like to accept or refuse, and a “medical power of attorney” assigns a spokesperson (usually a trusted friend or family member) to make healthcare-related choices when the individual does not have the capacity to choose for themselves.
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What’s Included?
Laws
- Living Will – Title 20, Chapter 54, Subchapter B
- Health Care Agents and Representatives – Title 20, Chapter 54, Subchapter C
- Pennsylvania Orders for Life-Sustaining Treatment (MOLST) – no statute
Signing Requirements (20 PA Cons Stat § 5442(b)) – Two (2) witnesses ages eighteen (18) and older. Witnesses may not be the principal’s health care provider.
State Definitions
- Advance Health Care Directive (20 PA Cons Stat § 5422) – A health care power of attorney, living will or a written combination of a health care power of attorney and living will.
- Health Care Agent (20 PA Cons Stat § 5422) – An individual designated by a principal in an advance health care directive.
- Health Care Power of Attorney (20 PA Cons Stat § 5422) – A writing made by a principal designating an individual to make health care decisions for the principal.
- Living Will (20 PA Cons Stat § 5422) – A writing made in accordance with this chapter that expresses a principal’s wishes and instructions for health care and health care directions when the principal is determined to be incompetent and has an end-stage medical condition or is permanently unconscious.
- Principal (20 PA Cons Stat § 5422) – An individual who executes an advance health care directive, designates an individual to act or disqualifies an individual from acting as a health care representative or an individual for whom a health care representative acts in accordance with this chapter.
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Pennsylvania Catholic Conference
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