In Pennsylvania an adult may prepare a written statement known as a Directive to control the health care treatment decisions that can be made on that person behalf
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According to Pennsylvania law (Pennsylvania Statutes at 20 PA.C.S. CH. 56), an Advance Directive for Health Care (ADHC) means a
witnessed written document in which health care (the initiation, continuation, withholding or withdrawal of life sustaining treatment)
instructions are given by an any individual of sound mind (principal) who is 18 years of age or older or who has graduated from high
school or has married.
Legal Helpmate® provides you with two options
1) The Premium Package - Pennsylvania Advance Health Care Directive contains the following documents:
- Pennsylvania Advance Directive for Health Care with Organ Donation Provision
- Pennsylvania Durable Power of Attorney for Health Care (Medical Durable Power of Attorney)
- Springing Durable Power of Attorney for Property and Finance
2) The Basic Package - Pennsylvania Advance Health Care Directive contains the following documents:
- Pennsylvania Advance Directive for Health Care with Organ Donation Provision
- Pennsylvania Durable Power of Attorney for Health Care (Medical Durable Power of Attorney)
THIS ADVANCE DIRECTIVE FOR HEALTH CARE IS NOT VALID UNLESS IT IS SIGNED IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES.
THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:
(1) the person designated by the Principal as your agent;
(2) a person related to the Principal by blood or marriage;
(3) a person entitled to any part of the Principal’s estate after the Principal’s death under a will or codicil executed by the Principal or by operation of law;
(4) the Principal’s attending physician;
(5) an employee of the Principal’s attending physician;
(6) an employee of a health care facility in which the Principal is a patient if the employee is providing direct patient care to the Principal or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or
(7) a person who, at the time this power of attorney is executed, has a claim against any part of the Principal’s estate after his or her death.
ENFORCEABILITY OF ADVANCE DIRECTIVES EXECUTED IN ANOTHER JURISDICTION
An advance directive or similar instrument validly executed in another state or jurisdiction shall be given the same effect as an advance directive validly executed under the law of this state.
HEALTH CARE DIRECTIVE
This is an important legal document known as an "Advance Directive for Health Care". Pennsylvania Advance Directive for Health Care
is designed to help you communicate your wishes about medical treatment at some time in the future when you are unable to
make your wishes known because of illness or injury. These wishes are usually based on personal values. In particular, you may
want to consider what burdens or hardships of treatment you would be willing to accept for a particular amount of benefit obtained
if you were seriously ill.
If there is something you do not understand about this document you should consult an attorney.
Before signing this Pennsylvania Advance Directive for Health Care you need to discuss your treatment with your physician in as many
details as possible, and consider types of treatments that you want/do not want to be performed for you when you are unable to
express your wishes because of your illness. Please make sure to state clearly particular treatments you want or do not want.
Advance Directive for Health Care may not be changed or modified. If you want to make changes in the Pennsylvania Advance Directive
for Health Care, you must make an entirely new one.
Form
A Advance Directive is not required to be in the statutory form and may include other specific directions, including, but not limited to,
the designation of another person to make the treatment decision for the Declarant if the Declarant is incompetent and is determined to
be in a terminal condition or to be permanently unconscious.
Witnesses
The Advance Directive must be signed by the Declarant, or by another on behalf of and at the direction of the Declarant,
and must be witnessed by two individuals each of whom is 18 years of age or older.
Revocation
A Advance Directive may be revoked at any time and in any manner by the Declarant without regard to the Declarant's mental or physical condition.
A revocation is effective upon communication to the attending physician or other health care provider by the Declarant or a witness to the revocation.
POWER OF ATTORNEY FOR HEALTH CARE (MEDICAL POWER OF ATTORNEY)
Because your health care providers in some cases may not have had the opportunity to establish a long-term relationship with you, they are often unfamiliar with your beliefs and values and the details of your family relationships. This poses a problem if you become physically or mentally unable to make decisions about your health care.
In order to avoid this problem, you may sign this legal document to specify the person whom you want to make health care decisions for you if you are unable to make those decisions personally. That person is known as your health care agent. You should take some time to discuss your thoughts and beliefs about medical treatment with the person or persons whom you have specified.
You may state in this Pennsylvania Durable Power of Attorney for Health Care any types of health care that you do or do not desire and you may limit the authority of your health care agent. If your health care agent is unaware of your desires with respect to a particular health care decision, he or she is required to determine what would be in your best interests in making the decision.
The Durable Power of Attorney for Health Care is an important legal document. It gives your agent broad powers to make health care decisions for you. Durable Power of Attorney for Health Care revokes any prior power of attorney for health care that you may have made.
If you wish to change your power of attorney for health care, you may revoke this document at any time by destroying it, by directing another person to destroy it in your presence, by signing a written and dated statement or by stating that it is revoked in the presence of two witnesses. If you revoke, you should notify your agent, your health care providers and any other person to whom you have given a copy. If your agent is your spouse and your marriage is annulled or you are divorced after signing this document, the document is invalid.
You may also use Pennsylvania Durable Power of Attorney for Health Care to authorize your attorney in fact to make an anatomical gift upon your death.
Do not sign this document unless you clearly understand it. It is suggested that you keep the original of this document on file with your physician and family members.
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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