When people refer to a Living Will or an Advance Directive in Pennsylvania, they are referring to the same thing. In Pennsylvania, adults — with a few exceptions — have a right to decide whether to reject, accept, limit or discontinue medical care/treatment. You have the right to make your own health care decisions as long as you have the capacity to do so. If someday you are unable to make those decisions, then the Living Will is your written expression of your intentions about the medical care you would like to receive. The Living Will allows you to retain control over your life — whether it should be controlled by the use of artificial means in the event you are incompetent, in a terminal condition or are permanently unconscious.
This Living Will law permits you to name someone as your surrogate to make those same decisions. However, your chosen surrogate may only make the decisions regarding your care governed specifically by the Living Will, not all health care related decisions. The law in Pennsylvania also permits you to make decisions about treatment such as cardiac resuscitation, mechanical respiration, feeding tubes, blood products, surgery, dialysis, and antibiotics. Some religious faiths distribute their own preferred forms.
When I speak with clients about Living Wills, I often speak with them about preparing a Health Care Power of Attorney as well. A Health Care Power of Attorney (Healthcare POA) is also a written document where you authorize someone (your Agent) to make health care decisions for you in the event you are cannot make those decisions yourself. The Healthcare POA has broader application than the end of life circumstances of a Living Will. You grant your Agent the power to act as your Agent in all health care related decisions in the event you cannot.
One of the biggest advantages of a Healthcare POA is that it permits a health care provider to speak with your Agent. Many clients tell me that the reason for their wanting a Healthcare POA stems from personal experiences where doctors were not permitted to speak with them about their parents’ health due to the privacy concerns controlled by HIPAA (The Health Insurance Portability and Accountability Act of 1996). A Healthcare POA can overcome this possibility.
These documents need to be prepared and executed prior to the time you might need them. The preparation and signing of both documents, along with a Will and a General Power of Attorney, are a good foundation for your Estate Planning. I am happy to discuss these with you. Contact me here or call our office at 215-257-5114.
Mike Frisbie provides individuals and businesses with top level legal services for their everyday situations and problems. Together, they plan and prepare solutions with a litigator’s eye toward avoiding litigation. He takes pride and pleasure in helping people and businesses solve their problems.
This blog is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
