Living Will

Plan ahead and document your wishes for your medical care

In Pennsylvania, a living will is a written document that describes the kind of life-sustaining treatment you would want — or not want — for your medical care. It’s used if you become unable to tell your doctor your wishes yourself.

Frequently Asked Questions

Living will FAQs

Any competent adult can make a living will.

Although they have similar names, a living will and a last will and testament are two different types of documents.

A last will and testament tells your survivors what to do with your property after your death.
Your living will documents your wishes for medical care when you’re alive but unable to tell your doctor what care you would want to receive.

A living will only take effect when:

your doctor has a copy of it; and
your doctor has decided that you’re no longer able to make decisions about the medical care you wish to receive; and
your doctor and a second doctor have determined that you’re in a terminal condition or permanently unconscious

There’s no single correct way to write a living will.

In Pennsylvania, a living will applies only in cases where your condition or illness makes you close to death or you’re permanently unconscious and have defined the care that you do or don’t want regarding life-sustaining treatment. Pennsylvania is not a medical-aid-in-dying state.

You may name a person in your living will to be your surrogate (substitute decision maker), but you don’t have to.

If you can’t make your treatment decisions, this person will make sure that your living will is followed and will also make treatment decisions if a situation isn’t covered by your living will.

If you don’t name a substitute decision-maker, then the person asked to make a decision may not know your wishes.

Your living will isn’t valid unless you’ve taken the following steps:

You must sign your living will. If you’re unable to do so, you must have someone sign it for you; and
Two people who are at least 18 years old must sign your living will as witnesses. Neither of those witnesses may be the person who signed your living will on your behalf if you’re unable to sign it yourself.
You should date the document.
Some states require the document to be notarized (Pennsylvania does not).

You should review any living will drafted before April 1992 to make sure it meets the requirements.

You should give a copy of your living will to your doctor, hospital, nursing home or other health care provider. They will add it to your medical record.

You should also give a copy to an immediate family member or someone important to you, and especially to the person named as your surrogate (substitute decision maker).

Your doctor and any other health care provider must inform you if they can’t, in good conscience, follow your wishes or if the policies of the institution prevent them from honoring those wishes.

If you’re unable to make your own healthcare decisions when you’re admitted for medical care and have named someone in your living will to make decisions for you, that person must be informed if the wishes contained in your living will can’t be honored. If you haven’t named anyone in your living will, your family, guardian or other representative must be informed that your living will can’t be honored.

The doctor or other health care provider who can’t honor your wishes must then help transfer you to another health care provider willing to carry out your directions

Pennsylvania's living will law states that you may revoke a living will at any time and in any manner. All you need to do is tell your doctor or other health care provider that you’re revoking it or that you want to make changes to it. Once your health care provider is notified and has received the new document, destroy previous copies.

A living will doesn’t expire.

You should also consider telling everyone who participated in your decision-making process that you’ve changed your mind and give them a copy of any new instructions.

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Living Will

Plan ahead and document your wishes for your medical care