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A Pennsylvania living will is also known as an advance directive. A Pennsylvania living will has an important job. It explains your health care treatment instructions if you are unable to voice your health care wishes because of an end-stage medical condition, a state of permanent unconsciousness, or other similar condition. Some of your own health care decisions that you may want to list include how you feel about the use of certain types of life-sustaining treatment such as artificial nutrition and hydration, the use of a breathing machine, whether you have a DNR order (which states whether you would like cardiopulmonary resuscitation used if your heart stops or you stop breathing), and when you would like the withdrawal of life support to occur. Comfort care as well as organ donation are also common topics addressed. As a legal document, it is governed by Pennsylvania law. However, a pregnant woman with a living will is treated differently under the law until the birth of the unborn child.
A Pennsylvania living will also names a health care agent who will make medical decisions on your behalf based on your living will, medical records, and medical advice from your treating or attending physician. There are laws for the Commonwealth of Pennsylvania that explain who can and can't be named as your agent. This decision making power is extremely important. It is imperative that you choose a family member or friend capable of handling the responsibility as well as the stress involved. Someone who is a legal adult, at least 18 years old, who is still in high school may legally be allowed to be your health care agent, but they may not be prepared to make these decisions. A Pennsylvania living will must be signed by two witnesses. Notarization is optional. Signing the document in the presence of a notary, while optional, helps verify the document's legitimacy.
This document is not the same as a power of attorney or health care power of attorney. Health care powers of attorney, even if durable, would allow your agent to make various decisions on your behalf, even those related to your mental health. However, it would not allow your agent to make end-of-life decisions. Those can only be made through a living will.
§ 5421 through § 5488: While the law provides competent adults with the legal right to make their healthcare decisions in advance of becoming incapacitated, it also provides physicians and other healthcare providers with the right to notify the declarant or their agent if they cannot comply with the directive in good conscience. The patient will then be entitled to a transfer to a facility that will support the directive.
When planning for the end of your life, it’s equally important to complete both a living will and a Pennsylvania last will and testament.
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