Pennsylvania Advance Directive Form [PDF]

An advance directive in Pennsylvania is a crucial document to advance care planning. It allows individuals to put their healthcare wishes in writing and ensure their preferences are respected in case they become incapacitated in the future.

This document can include a durable power of attorney for health care (medical power of attorney), which appoints a trusted representative to make medical decisions on your behalf, and a living will, where you can outline your preferences for specific medical treatments or procedures in certain medical situations.

Signing Requirements for Pennsylvania Advance Health Care Directive

Under Section 5452 of the Pennsylvania General Assembly, to create a health care power of attorney, the following requirements must be met:

Pennsylvania Advance Health Care Directive Revocation & Changing

Pennsylvania advance directive becomes effective when the principal is unable to make or communicate their own medical decisions. This incapacity is typically determined by a physician who certifies the principal’s incapacity.

The principal can revoke an advance directive for health care at any time and in any manner, regardless of their mental or physical condition. The revocation becomes effective once it is communicated to the attending physician or other health care provider by the principal or a witness to a revocation.

Additionally, if the principal appoints their spouse as the Pennsylvania health care proxy and either spouse files for divorce, the appointment is automatically revoked unless the advance directive explicitly states otherwise.

Additional Legal Considerations for Pennsylvania Advance Health Care Directive

According to Section 5424, if a doctor or health care provider cannot follow the health care advance directive or the agent's decision due to personal beliefs or instructional policies, they must inform the patient or their agent about it. The provider must also help transfer the patient to another provider who will respect and follow the health care decisions.

Section 5424 specifies that if two advance directives conflict, the one signed most recently will take precedence unless the documents explicitly state otherwise.

As stated in Section 5427, creating or not creating an advance directive form has no impact on life insurance policies. Withholding or withdrawing life-sustaining treatment will not invalidate or affect a life insurance policy, even if the policy states otherwise.

How to Choose a Health Care Agent in Pennsylvania

To choose a health care agent in Pennsylvania, select someone you trust who is at least 18 years old and capable of understanding your wishes. It is important to choose someone who is calm and able to communicate effectively with doctors and family members.

Before making a final decision, have an open discussion with potential agents about your health care preferences to ensure they make decisions that align with your values. Note that certain individuals, such as health care providers and their employees, cannot serve as your agent.

What Happens if You Don’t Have an Advance Directive in Pennsylvania?

If you don't have an advance directive in Pennsylvania and become unable to communicate your healthcare wishes, responsibility for medical decisions about your care will rest with your family, close friends, or a court-appointed guardian.

Without clear instructions, they generally rely on a doctor's recommendations, which may not fully reflect your preferences.