How To Create a Medical Power of Attorney in Pennsylvania

It’s often difficult to plan for the possibility of serious injury. However, you may need someone to make healthcare decisions if you’re injured or incapacitated and can’t do so yourself. A medical power of attorney appoints a healthcare agent whose only power is to speak for you if you can’t make your own medical decisions.

Pennsylvania law allows you to choose anyone over the age of 18 as a healthcare proxy. You may create your own legal document, as long as you follow a few simple steps and ensure your agent will follow your wishes.

What Is a Medical Power of Attorney?

A medical power of attorney, or healthcare power of attorney, is a document that lets another individual act on your behalf to make medical decisions for you. The medical power of attorney lets your agent:

• Talk to your healthcare providers about your medical treatments and discuss your case without violating doctor-patient privilege
• Carry out your instructions in an advance directive or living will regarding life-sustaining treatment or palliative care
• Make emergency decisions during surgery or other situations when you are unconscious or incapacitated

You can choose the conditions under which your agent gains this authority and how much information they’re permitted to access. For example, an elderly parent may give their adult child the authority to speak with their doctors and obtain medical records to better carry out their wishes.

When To Create a Medical Power of Attorney

You can write a medical power of attorney at any time. They’re usually included in living wills and advance directives, since these documents finalize end-of-life care and other healthcare planning, such as “do not resuscitate” (DNR) and “do not intubate” (DNI) orders.

If you have specific desires about what should happen if you are rendered permanently unconscious or in a vegetative state, you should appoint a healthcare representative and discuss your plans with them as soon as possible. This can avoid arguments and issues later when you can’t speak for yourself.

Requirements for a Pennsylvania Medical Power of Attorney

Pennsylvania law covers the requirements for a medical power of attorney. You can find templates for the necessary forms online or make your own. The medical POA must clearly state your desires for medical treatment, end-of-life care, pain management, nutritional care, and other needs. It should grant your agent authority to access your medical records and specify when the POA becomes active.

The document must be signed by the principal (you) and signed and witnessed by two adults who are not the healthcare agent. Pennsylvania does not require notarization, but you may want it notarized if you plan to travel out of state. Signing requirements are similar for a Pennsylvania advance directive and living will.

Once you’ve made your medical POA, give a copy to your healthcare provider and keep another in a safe location. Estate planning experts and attorneys recommend placing one on the refrigerator with DNRs and other documents, as EMTs and paramedics will check there if they respond to a call in your home.

Get Legal Advice for Your Pennsylvania Medical Power of Attorney

You can usually fill out and sign a medical power of attorney yourself. However, if it’s part of your estate planning, consider getting advice from a Pennsylvania estate planning attorney. They can answer your questions, check your documents, and ensure the medical power of attorney reflects your wishes.