If you become unable to direct your own medical care because of illness, an accident, or advanced age, having the right legal documents can be your lifeline. Luckily, Pennsylvania has legal documents that help you plan for your incapacity.

Why Do You Need a Living Will and Health Care Power of Attorney in Pennsylvania?

When you don't write down your wishes about the kinds of medical treatment you want and don't name someone you trust to oversee your care, someone you don't trust could make medical decisions for you. These important matters can end up in the hands of estranged family members, doctors, or sometimes even judges, who might know very little about what you would prefer.

What Are Health Care Forms Called in Pennsylvania?

There are two basic kinds of health care documents that everyone should make. First, you'll need a document naming a trusted person to direct your health care if you're unable to do so yourself. In Pennsylvania, the official name for this form is a health care power of attorney. (20 Pa. Cons. Stat. § 5422 (2024).)

Second, you should make a document setting out the types of medical treatment you would or would not like to receive if you become incapacitated. In Pennsylvania, this form is called a "living will." (20 Pa. Cons. Stat. § 5422 (2024).)

These forms are often combined into a single form called an "advance health care directive" or "advance directive." (20 Pa. Cons. Stat. § 5422 (2024).)

Who May Make an Advance Directive?

In Pennsylvania, a person must be of sound mind to make a living will, health care power of attorney, or an advance directive (which is a combined living will and health care power of attorney). The document maker also must be 18, a high school graduate, married, or an emancipated minor. (20 Pa. Cons. Stat. §§ 5442, 5452 (2024).)

Who Makes Health Care Decisions for Me?

In Pennsylvania, the person you name to make decisions for you is called your agent. Most people name a spouse, partner, relative, or close friend as their agent. Under Pennsylvania law, your agent may not be:

• your attending physician or other health care provider, unless related to you by blood, marriage, or adoption, or
• an owner, operator, or employee of a health care provider from which you're receiving care unless that person is related to you by blood, marriage, or adoption.

(20 Pa. Cons. Stat. § 5455 (2024).)

What Qualities Make a Good Health Care Agent?

When choosing your agent, the most crucial criteria are trustworthiness and dependability. You might also want to choose someone you think will be good at asserting your health care wishes if others argue against them—that is, someone who is persistent or calm under pressure.

While you need not name someone who lives in Pennsylvania, the person you name should at least be willing and able to travel to your bedside if necessary.

Your agent will begin to make health care decisions for you when you lack the capacity to do so. For more information, see Nolo's article Living Wills and Powers of Attorney for Health Care: How They Work.

What Are the Signature Requirements for Advance Directives?

In Pennsylvania, your living will, health care power of attorney, or combined advance directive must be:

• dated and signed by you or by another person at your direction if you're unable to sign, and
• witnessed by 2 individuals, each of whom is at least 18.

(20 Pa. Cons. Stat. §§ 5442, 5452 (2024).)

Your witness can't be a person who signs the document on your behalf or a health care provider or its agent if they provide health care to you. (20 Pa. Cons. Stat. §§ 5442, 5452 (2024).)

Do I Need a Lawyer to Make Health Care Documents?

You usually don't need a lawyer to prepare documents directing your health care. In fact, Pennsylvania's statutes include a form advance directive for people to complete on their own by filling in the blanks. For a more user-friendly experience, you can find the health care forms you need for Pennsylvania in Nolo's Quicken WillMaker. The software includes detailed instructions for completing your documents and meets all Pennsylvania legal requirements.