To ensure your advance directive is followed in Pennsylvania, it should meet state legal requirements, clearly explain your medical treatment preferences, and be accessible to your healthcare providers and loved ones. Choosing a trusted healthcare agent and reviewing your documents periodically can also reduce confusion when important medical decisions arise.
An advance directive allows you to express your healthcare wishes before an illness or injury leaves you unable to communicate. However, preparing the document is only the first step. Your family and medical providers must know it exists and understand how it applies to your care.
What Makes an Advance Directive Legally Valid in Pennsylvania?
Pennsylvania law recognizes advance healthcare directives, including living wills and healthcare powers of attorney. These documents serve different purposes but can work together to guide medical decisions.
- A living will explains your preferences for life-sustaining treatment under specified circumstances, such as when you have an end-stage medical condition or are permanently unconscious.
- A healthcare power of attorney allows you to appoint someone to make healthcare decisions on your behalf when you cannot make or communicate those decisions yourself, subject to the document and applicable law.
To be valid, a healthcare power of attorney generally must be dated, signed by the principal, and witnessed by two individuals who are at least 18 years old (Pennsylvania has similar execution requirements for living wills).
Notarization is not generally required for these documents, although additional considerations may apply in particular circumstances.
How Can You Make Your Healthcare Wishes Clear?
Vague instructions can create uncertainty when healthcare providers must make treatment decisions. Rather than relying entirely on broad statements about avoiding extraordinary measures, consider addressing specific treatments and circumstances.
Your advance directive may discuss preferences involving:
- Cardiopulmonary resuscitation (CPR) and mechanical ventilation
- Artificial nutrition and hydration
- Life-sustaining treatment in the event of a terminal condition
- Pain management and comfort-focused care
The document should also reflect your personal values and goals. For example, you may want treatment that offers a reasonable possibility of recovery while declining certain interventions if your condition becomes irreversible.
Discussing these preferences with your physician can help you understand how different treatments may apply to your circumstances.
Why Is Choosing the Right Healthcare Agent Important?
Your healthcare agent may need to make decisions that your advance directive does not specifically address.
Choose someone who understands your wishes, can communicate effectively with medical providers, and is willing to carry out your preferences even when other family members disagree.
Your agent does not necessarily have to be your spouse or closest relative. What matters is selecting someone you trust to make decisions consistent with your instructions. You should also consider naming an alternate agent in case your first choice is unavailable or unwilling to serve.
Before making the appointment, speak with the person about your expectations and confirm that they are comfortable accepting the responsibility.
Who Should Have a Copy of Your Advance Directive?
Even a legally valid advance directive may be difficult to follow if no one can locate it when needed.
After signing your documents, provide copies to your healthcare agent, primary care physician, and other relevant medical providers. Ask whether the documents can be included in your electronic medical record.
You should also tell close family members where your advance directive is stored. Keep the original in a location that can be accessed promptly. A locked safe or secure storage system may be appropriate only if your designated agent knows how to retrieve the document.
If you regularly receive care from multiple healthcare systems, confirm that each has the most recent version.
Can Your Family Override Your Advance Directive in Pennsylvania?
Family members generally cannot disregard a valid and applicable advance directive simply because they disagree with your treatment preferences.
However, disagreements may arise over whether the directive applies to the circumstances, how its instructions should be interpreted, or who has legal authority to make decisions.
Pennsylvania law establishes procedures and standards for healthcare decision-making, including the roles of healthcare agents and representatives.
Clearly identifying your agent and communicating your wishes can reduce the likelihood of conflicting interpretations. If a dispute arises, healthcare providers may need to evaluate the applicable legal requirements and medical circumstances before proceeding.
When Should You Update Your Advance Directive?
Review your advance directive periodically and whenever significant changes occur in your health or personal circumstances.
Consider reviewing it after a serious medical diagnosis, marriage, divorce, or the death of your designated healthcare agent. Your preferences may also change as you age or learn more about available medical treatments.
If you revise your directive, make sure your healthcare agent and medical providers receive updated copies. Ask that outdated versions be removed or clearly marked as superseded to reduce confusion.
Pennsylvania generally allows a competent individual to revoke an advance healthcare directive, subject to applicable statutory requirements.
Take Steps Now to Protect Your Healthcare Wishes
At Jones, Gregg, Creehan & Gerace, we help individuals and families throughout Pittsburgh and Western Pennsylvania prepare essential estate planning documents such as wills, trusts, powers of attorney, and advance healthcare directives. Trust us to ensure all your documents reflect your wishes. Schedule a consultation today.