A health care directive and living will is a type of advance health care directive (“advance directive“). You can use advance directives to make medical decisions in advance of an incapacitating condition. In your health care directive and living will, you will give instructions to your doctors. You will choose whether you would request or refuse life-sustaining treatment that only prolongs the natural dying process.

You can also specify your preferences for health care treatments like artificial nutrition (tube feeding), cardiopulmonary resuscitation, dialysis, artificial ventilation, pain relief, and more.

It can be tempting to avoid thinking about this possibility. But it’s wise to give health care directions for this scenario just in case. By making your medical wishes clear, you can avoid receiving treatments you do not want. This could even spare your loved ones from agonizing over end-of-life medical choices on your behalf.

In Pennsylvania, you have the option of designating a trusted person to make medical decisions for you if you become unable to do so for yourself. This person is typically called a health care agent, health care proxy, or health care representative. The document you use to name this person is called a health care power of attorney.

You do not have to name a health care agent but you it can be reassuring to know that someone you trust will have authority over your medical options if you become unable to communicate them yourself.

One of your health care agent’s duties is to carry out the terms of your health care directive and living will. For medical issues where you have not provided instructions, they should act in your best interest and with your personal values in mind. So, it will be helpful to select a health care agent who understands and respects your choices. At the very least, this person should not have strong disagreements with your medical preferences.

Many people choose a close loved one such as a spouse, parent, sibling, or adult child, for this role. You may want to name one or two alternate agents too. These alternates will be backup health care agents in case your first choice becomes unable or ineligible to take on this role.

There are a few restrictions under Pennsylvania law on your choice of health care agent. Unless they are related to you, you may not choose the following individuals as your health care agent:

• Your attending physician
• Any of your healthcare providers
• An owner, operator, or employee of a health care provider that treats you

Before committing to a health care agent or alternates, you should discuss this responsibility with them. You will need to make sure that they are willing and able to take on the role.

According to the Pennsylvania Living Will Act, you must sign and date your health care directive and living will. If you are unable to sign the document yourself, you can direct someone to sign it for you. However, your health care provider and their agents cannot sign on your behalf.

There should be two adult witnesses present at the time that you sign your document. Neither of these witnesses can be the person who signed on your behalf. The witnesses must then sign the document.

After properly signing your advance directives, it’s important that you distribute them to the right people. You should give copies to your health care agent to help them understand your medical care wishes and end-of-life care preferences.

Next, you should provide your advance directives to your healthcare providers so that they can enter them into your medical record.

Finally, you should give your close loved ones copies of your advance directives. This will help them understand your medical preferences in case they ever accompany you during an emergency medical situation.

You should review your advance directives at least every few years to make sure they continue to reflect your wishes. As time passes and your life changes, you may need to make some modifications. For instance, if you get married, divorced, or complete a long-distance move, you may want to change your health care agent. In the event that you receive a new diagnosis, you may change your mind about treatment selections in your health care directive and living will.

Regardless of the reason, you have the right to update or change your advance directives at any time. Rest assured that when you create a health care directive and living will with FindLaw, you can make unlimited changes to it at no additional charge for a full year after purchase.