A serious illness or accident can leave you unable to tell doctors what you want. A living will in Pennsylvania, paired with a health care power of attorney, puts your wishes in writing and names the person who will speak for you. Kostrub Law Firm, PLLC has prepared these documents for families in Cecil Township and the Pittsburgh area. Heather N. Kostrub handles this work as part of the firm’s estate planning services for Pennsylvania families.
What happens after you call: we ask a few questions about your wishes and who you trust, set a meeting with Heather, and explain what to bring.
What a living will and health care power of attorney are
An advance directive is a general term for documents that guide your medical care if you cannot make decisions. In Pennsylvania, there are two main types
- Living will. Written instructions about life-sustaining treatment, such as a ventilator, CPR or tube feeding, if you are near death or permanently unconscious and cannot communicate.
- Health care power of attorney. A document naming a health care agent, the person who makes medical decisions for you when you cannot. Your agent can talk with doctors, review records and decide questions your living will does not address.
Many people sign both in one combined form. A health care power of attorney is separate from a financial power of attorney, which covers money and property.
Living will Pennsylvania law: what matters
Pennsylvania’s rules for advance directives are in 20 Pa.C.S. Ch. 54.
- Signing. A living will or health care power of attorney must be signed by you, or by someone signing at your direction, and witnessed by two adults (20 Pa.C.S. §§ 5442, 5452). A person who signs on your behalf cannot also serve as a witness.
- No notary required. Pennsylvania law does not require notarization for these documents. Some people notarize anyway for use in other states.
- When a living will takes effect. It generally becomes operative once your doctor has a copy and determines that you cannot make decisions and are in an end-stage medical condition or permanently unconscious (20 Pa.C.S. § 5443).
- Revoking. You can revoke a living will at any time and in any manner, such as by telling your doctor (20 Pa.C.S. § 5444).
- No agent named. If you have no health care agent, Pennsylvania law lets a health care representative decide, chosen from a priority list that generally starts with your spouse, then adult children, then parents (20 Pa.C.S. § 5461).
- Out-of-hospital orders. A do-not-resuscitate order for emergency crews is a separate medical order signed with your doctor, not a legal document we draft (20 Pa.C.S. Ch. 54, Subch. D).
Common situations in Washington and Allegheny counties
- A couple in Bethel Park wants each spouse to make medical decisions for the other, with an adult child as backup.
- A widowed parent in Canonsburg has several children and wants one clear decision-maker to avoid family conflict.
- A single adult in Pittsburgh wants a close friend or partner, not a distant relative, to serve as agent.
- A Cecil Township resident facing surgery wants documents in place beforehand.
- An older adult in South Fayette has an advance directive from another state and wants it updated under Pennsylvania law.
What happens if you don’t act
Without a living will, doctors and family must guess what you would want, often during a crisis. Without a health care agent, decisions fall to the person Pennsylvania’s priority list selects, which may not be who you would choose. If family members disagree, the dispute can end up in the Orphans’ Court, sometimes through a guardianship petition. A short set of signed documents usually avoids all of this.
Want your medical wishes in writing? Call (304) 982-1586 or schedule a meeting. After you call, we set a time with Heather and send a short list of questions to think about before you come in.
How we handle it, step by step
- Intake call. We learn about your health care goals and who you trust.
- Planning conversation. Heather explains the choices in a Pennsylvania living will and the powers you can give an agent, in plain terms.
- Drafting. We prepare a combined living will and health care power of attorney that reflects your wishes.
- Review. You read the draft and talk it over with family or your doctor if you like.
- Signing. You sign before two adult witnesses.
- Sharing copies. We explain who should get copies: your agent, your doctor and your local hospital system.
Most clients sign these documents along with a will that names your heirs and, when it fits, a revocable trust.
What to bring to your first meeting
- Names and phone numbers for your health care agent and a backup
- Any existing living will or advance directive, including forms from a hospital or another state
- Your primary doctor’s name
- Notes on your wishes about life support, feeding tubes, pain relief and organ donation
- Any religious or personal values you want your agent to know
Fees
Many clients prepare these documents as part of a complete plan. We explain fees before any work begins. We explain how we charge, and what to expect, at your first consultation.
Who handles this
Heather N. Kostrub prepares living wills and health care powers of attorney for clients in Washington and Allegheny counties. Her practice focuses on wills, trusts, powers of attorney and family succession. She is a graduate of Washington & Jefferson College. Read Heather Kostrub’s attorney page. Allegheny County residents can see our service details for Pittsburgh clients.
Frequently asked questions
Does a living will need to be notarized in Pennsylvania?
No. Pennsylvania law requires a living will to be signed by you, or by someone at your direction, and witnessed by two adults. Notarization is not required. Some people choose to notarize anyway, because another state may expect it if you become ill while traveling or living there part of the year. Your lawyer can add a notary block if useful.
What is the difference between a living will and a health care power of attorney?
A living will states your own instructions about life-sustaining treatment if you are near death or permanently unconscious. A health care power of attorney names an agent to make medical decisions whenever you cannot, including situations a living will does not cover. Most people benefit from having both, and Pennsylvania allows them to be combined in one document.
What is an advance directive in Pennsylvania?
An advance directive in Pennsylvania is a written document that guides your medical care if you cannot speak for yourself. The term covers a living will, a health care power of attorney, or a combination of the two. Hospitals usually ask whether you have one when you are admitted, so keep copies where your family can find them.
Who should I choose as my health care agent?
Choose someone who knows your values, can stay calm under pressure, and will follow your wishes even if they would choose differently. Many people choose a spouse or adult child and name a backup. Talk with the person first so they know what you want and agree to serve. Distance matters, since your agent may need to meet doctors.
Does my healthcare power of attorney in Pennsylvania cover finances?
No. A healthcare power of attorney in Pennsylvania covers medical decisions only. Money and property are handled by a financial power of attorney under a different chapter of the law, with different signing rules, including a notary. Many people name the same person for both roles, but each document must be signed separately and properly.
Can I change my living will later?
Yes. You can revoke or replace a living will at any time while you are able to communicate. Tell your doctor and your agent, collect old copies, and give everyone the new version. Review your documents after a major diagnosis, a move, a divorce, or the death or incapacity of the person you named as agent.
Put your health care wishes in writing
Call (304) 982-1586 or request a consultation. After you call, we confirm a meeting with Heather, explain the choices you will make, and arrange witnesses for signing. If you are helping settle a loved one’s affairs, see our probate and estate administration help.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship.