How to Create an Advanced Healthcare Directive in Pennsylvania

A family creating an advance healthcare directive in Pennsylvania.
A family creating an advance healthcare directive in Pennsylvania.

Creating an advance healthcare directive in Pennsylvania will let you communicate your medical wishes in the event that you are unable to do so. This legal document can specify your treatment preferences and name a healthcare agent to make decisions for you. Pennsylvania has specific requirements for completing an advance directive. Here’s how to create one to outline your future medical wishes.

A financial advisor can help you create a living will that is compliant with your state requirements. 

How an Advanced Healthcare Directive Works in Pennsylvania

An advanced healthcare directive, also known as a living will, is a legal document that allows individuals in Pennsylvania to outline their preferences for medical treatment if they become incapacitated and are unable to communicate medical instructions.

It can include instructions on the use of life-sustaining treatments, pain management and other critical healthcare decisions. In Pennsylvania, it applies to individuals at least 18 years old who are of sound mind.

In Pennsylvania, the directive is legally binding and must be followed by medical professionals. It is advisable that you discuss healthcare preferences with your chosen healthcare agent and family so that they are aware of your wishes.

Regularly reviewing and updating the directive is also recommended to reflect any changes in your health or personal preferences.

Creating an Advanced Healthcare Directive in Pennsylvania

A couple reviewing documents for their estate plan.
A couple reviewing documents for their estate plan.

If you want to create an advance healthcare directive in Pennsylvania, here are six general steps to help you get started:

Step 1: Understand the Components

An advance healthcare directive in Pennsylvania typically includes a living will and a durable power of attorney for healthcare. The living will specifies the types of medical treatment that you do or do not want, while the durable power of attorney designates a trusted person to make healthcare decisions on your behalf. Understanding these components is essential before you begin drafting your directive.

Step 2: Appoint a Healthcare Agent

The directive should appoint a healthcare agent, also known as a healthcare power of attorney, who is authorized to make medical decisions on behalf of the individual if they are unable to do so themselves. It is advisable that you discuss your wishes with your appointed agent and provide copies of the directive to them, your family and healthcare providers.

Step 3: Drafting the Document

To start, you can obtain a standard form for an advance healthcare directive from the Pennsylvania Department of Health or a medical facility. You can also consult with an attorney to create a customized document. Clearly state your medical treatment preferences and appoint a healthcare agent. Be as specific as possible to avoid any ambiguity, and ensure your directive complies with Pennsylvania law, which requires you to be at least 18 years old and of sound mind when creating the document.

Step 4: Signing and Witnessing

For your advance healthcare directive to be legally binding in Pennsylvania, it must be signed by you and witnessed by two adults, one of which is not related by blood, marriage or adoption, and is not entitled to any portion of your estate. These witnesses should also not be your healthcare agent, healthcare provider or an employee of either.

Step 5: Get Your Documents Notarized

While notarization is not required by Pennsylvania law, it is highly recommended. Having your advanced healthcare directive notarized can help prevent any potential disputes about its authenticity. A notary public can verify your identity and witness your signature, adding an extra layer of legal protection.

Step 6: Distribute the Directive

Once your advance healthcare directive is completed, signed and witnessed, distribute copies to your healthcare agent, family members and primary care physician. It is also wise to keep a copy for yourself in a safe but accessible place. Keeping these key individuals informed of your wishes ensures that your healthcare preferences are known and can be acted upon when necessary.

Advanced Healthcare Directive Forms to Know in Pennsylvania

Advance healthcare directive forms could help honor your medical preferences. Here are five to keep in mind:

  • Living will: A living will is a legal document that details your wishes for medical treatments and life-sustaining measures if you’re terminally ill or permanently unconscious. It specifies your choices for treatments like resuscitation, mechanical ventilation, and tube feeding.

  • Durable power of attorney for healthcare: A durable power of attorney for healthcare appoints someone to make medical decisions for you if you become incapacitated. Unlike a general power of attorney, it focuses only on healthcare decisions, allowing your chosen person to act according to your wishes.

  • Do not resuscitate (DNR) order: A DNR order is a medical order written by a doctor that instructs healthcare providers not to perform CPR if your heart stops or you stop breathing. This form is important for individuals who do not wish to undergo aggressive resuscitation efforts in the event of a cardiac or respiratory arrest.

  • Physician orders for life-sustaining treatment (POLST): The POLST form complements a living will by translating your end-of-life care preferences into medical orders. It is particularly useful for those with serious illnesses because it helps ensure that emergency medical personnel and healthcare providers follow your treatment preferences across different care settings.

  • HIPAA authorization form: This form lets you specify who can access your medical information. It is important for allowing your healthcare proxy and other trusted individuals to communicate with your healthcare providers and make informed decisions for you.

Bottom Line

A couple creating an estate plan.
A couple creating an estate plan.

Creating an advance healthcare directive in Pennsylvania is an important step to make sure your medical wishes are respected if you cannot express them. By understanding the legal requirements, consulting with healthcare professionals, and clearly stating your preferences, you can give peace of mind to yourself and your loved ones.

Tips for Estate Planning

  • A financial advisor can work with you to create a plan to manage and distribute your estate. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with up to three vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.

  • An advance directive for the state where you live may not be effective in another state. Here’s what you need to know about the portability of advance healthcare directives.

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The post How to Create an Advanced Healthcare Directive in Pennsylvania appeared first on SmartReads by SmartAsset.

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