Short answer: A medical power of attorney in Pennsylvania, called a health care power of attorney, names someone to make health care decisions for you if you cannot make them yourself. It must be in writing, signed and dated, and signed in front of two adult witnesses. Pennsylvania does not require it to be notarized. It is often combined with a living will, which states your wishes about life-sustaining treatment, in a single document called an advance directive.
This guide explains how Pennsylvania advance directives work, when they take effect, and what happens if you do not have one.
What is a health care power of attorney?
A health care power of attorney lets you choose a health care agent, such as a spouse, adult child or trusted friend, to talk with doctors, review medical records and make treatment decisions when you are unable to. You can also name a backup agent in case your first choice is unavailable.
It is a separate document from a financial power of attorney, which covers money and property. See our guide to the Pennsylvania power of attorney form for the financial version.
What is a living will in Pennsylvania?
A living will records your instructions about life-sustaining treatment, such as mechanical ventilation, tube feeding and resuscitation, if you reach a point where you cannot communicate your wishes. It guides your agent and your doctors so your family does not have to guess.
Requirements for a valid advance directive in PA
- Age and capacity. You must be at least 18, or have graduated high school, be married or be an emancipated minor, and be of sound mind.
- Writing, signature and date. You sign and date the document, or someone signs at your direction.
- Two witnesses. Two adults must witness your signature. The person who signs for you at your direction cannot be a witness.
- No notary required. Pennsylvania law does not require notarization, although a notarized document may be more readily accepted in some other states.
Who can be your health care agent?
Choose someone you trust who knows your values and can handle stressful conversations. Pennsylvania law does not allow your doctor or other health care provider, or their employee, to serve as your agent unless they are related to you by blood, marriage or adoption.
When does it take effect?
- Health care power of attorney: generally takes effect when a copy is given to your attending physician and the physician determines that you are unable to make your own decisions.
- Living will: becomes operative when a copy is given to your attending physician and you are determined to be incompetent and either in an end-stage medical condition or permanently unconscious.
Until then, you make your own decisions. Your advance directive stays valid until you revoke it.
What happens without an advance directive?
If you cannot make decisions and have not named an agent, Pennsylvania law lets doctors turn to a health care representative, generally starting with a spouse, then adult children, parents, siblings and other relatives, and finally a close friend. That order may not match who you would want, and disagreements among family members can lead to delays or even a court guardianship. See our guide to power of attorney vs. guardianship.
Advance directive vs. POLST
A POLST (Pennsylvania Orders for Life-Sustaining Treatment) form is a medical order completed with your doctor, usually for people with serious illness. It does not replace an advance directive. Many people with a POLST also keep a health care power of attorney and living will.
Tips for making your advance directive work
- Talk with your agent about your wishes before you sign
- Give copies to your agent, your doctors and your hospital
- Keep the original where your family can find it
- Review it after a major diagnosis, marriage, divorce or the death of an agent
- Sign a new document if your wishes change, which revokes the old one
Frequently asked questions
Does a medical power of attorney need to be notarized in Pennsylvania?
No. It must be signed and dated in front of two adult witnesses, but Pennsylvania does not require a notary.
Is a living will the same as a health care power of attorney?
No. A living will states your treatment wishes, and a health care power of attorney names a person to make decisions. Many Pennsylvanians sign a combined document that does both.
Can my spouse make medical decisions without a power of attorney?
Often, yes, as your health care representative. But naming an agent avoids uncertainty, especially for unmarried partners, blended families or when relatives may disagree.
Is an advance directive from another state valid in Pennsylvania?
Pennsylvania generally honors advance directives that were valid where they were signed. If you move to Pennsylvania, it is still a good idea to sign a new one that follows Pennsylvania law.
Need a health care power of attorney or living will? Heather N. Kostrub prepares health care directives as part of an estate plan for families in Washington County and the Pittsburgh area. Call (304) 982-1586.