Medical power of attorney in Pennsylvania: how to sign one
The short answer
In Pennsylvania, a health care power of attorney names your health care agent. You date and sign it before two witnesses who are 18 or older, and no notary is needed. A living will follows the same rules. If you name nobody, state law ranks relatives first and a close friend last.
The question most people care about isn't money. It's this: if I can't speak for myself, who talks to the doctor? A medical power of attorney answers it, and Pennsylvania makes this one fairly easy to sign.
This page is part of our guides to estate planning rules by state. For the general idea, see our post on the medical power of attorney. Here we cover the Pennsylvania names, who can sign, how to sign, and what happens if you never get to it.
What does Pennsylvania call it?
Pennsylvania calls the document a "health care power of attorney," and the person you name is your "health care agent." It is a kind of power of attorney limited to medical decisions.
Its companion is the living will, which records your wishes about treatment. Pennsylvania's umbrella term for both is "advance health care directive" (20 Pa.C.S. § 5452 and § 5442). Our post on the health care power of attorney vs living will explains why most people want both.
Who can sign one?
Anyone of sound mind who is 18 or older can make a health care power of attorney or a living will. Pennsylvania also allows a younger person to sign if they have graduated from high school, are married, or are an emancipated minor (20 Pa.C.S. § 5452).
That's a little broader than many states. It means a grandchild heading off to college can sign one too.
How do you sign it?
The rules are short (20 Pa.C.S. § 5452):
- Date it and sign it. If you can't sign, another person can sign at your specific direction.
- Two witnesses. Each must be 18 or older.
- No notary. The statute does not require one.
There are two limits on who helps. The person who signs on your behalf cannot also be a witness. And a health care provider who serves you, or its agent, cannot sign on your behalf.
The extra steps for a Pennsylvania financial power of attorney (the notary, the signed notice and the agent's acknowledgment) don't apply to a document that covers only health care (20 Pa.C.S. § 5601). Our guide to the Pennsylvania financial power of attorney covers those.
Is there a required form?
No form is mandatory. You can use the example combined form in the statute, or any other written form with the required information (20 Pa.C.S. § 5433 and § 5471).
A living will and a health care power of attorney can be combined into one document. State agencies can't require a particular form. The living will is signed the same way: dated, signed, two adult witnesses, no notary (20 Pa.C.S. § 5442).
Signing checklist
| Step | What Pennsylvania asks | Done? |
|---|---|---|
| Check you can sign | Sound mind, and 18+ (or a high school graduate, married, or emancipated) | |
| Choose your form | Any written form with the required information, or the statute's example | |
| Sign and date | You, or someone at your direction who isn't your health care provider | |
| Two witnesses sign | Each 18 or older, and not the person who signed for you | |
| Notary | Not required | |
| Share copies | Your agent, your backup, your doctor |
Who decides if I haven't named anyone?
Pennsylvania has a fallback called a health care representative (20 Pa.C.S. § 5461). It applies when your attending physician has found you can't make decisions, you have no health care agent available, and no guardian has been appointed.
First comes anyone you named yourself. If nobody was named, or that person isn't reasonably available, the order is:
- Your spouse (unless a divorce is pending), together with any adult children of yours who aren't also your spouse's children.
- An adult child.
- A parent.
- An adult brother or sister.
- An adult grandchild.
- Any adult who knows your preferences and values, including religious and moral beliefs, well enough to judge how you would decide.
A close friend can serve, but only at that last step, behind every listed relative who is reasonably available. Our post on medical decisions without a power of attorney explains how these default lists work across the country.
How do I move a friend to the top?
Name them. Pennsylvania lets a person of sound mind name their own health care representative in a signed writing, or simply by telling the attending physician or health care provider (20 Pa.C.S. § 5461).
Telling the doctor counts, but a written choice is safer. Doctors change, and memories differ. A signed health care power of attorney puts your choice where every hospital can see it.
You can also change the priority order, or rule out specific people, in a signed writing. A court can disqualify someone for cause.
A few more rules about the representative
- Your providers can't serve. Unless related to you by blood, marriage or adoption, your representative can't be your attending physician or other provider. Nor can they be an owner, operator or employee of a place where you get care.
- Ties go to the majority. If people in the same class disagree, the doctor may follow the majority of those who have spoken up. If they are evenly split, nobody lower down can step in.
- A higher class can take over. A willing person higher on the list can replace someone who started acting earlier.
- Family must be told. The representative must promptly tell the listed relatives who can be readily reached. No court approval is needed.
Here is a typical case, a composite. Linda is 73, widowed, and lives near Harrisburg. Her brother would rank above her friend Marjorie, who drives her to every appointment. So Linda signs a health care power of attorney naming Marjorie, with her brother as backup, and gives a copy to her doctor.
Who should I name?
Choose someone who will pick up the phone, get to the hospital, and follow your wishes even when they would choose differently. Our post on how to choose a medical power of attorney has questions to ask. It's also worth naming a backup.
Some people would like a professional standing by, first or behind a friend. A Kinly membership includes a medical power of attorney written for your state, and Trella Trust Company can be named in the role. You can read how it works.
For the rest of your plan, our guide to Pennsylvania probate and small estates covers wills and what happens after death. To compare Pennsylvania with other states, see the 50-state guide to default decision-makers.
Common questions
Does a medical power of attorney need to be notarized in Pennsylvania?
No. A Pennsylvania health care power of attorney needs your dated signature and two witnesses who are each 18 or older. The statute does not require a notary.
Can a friend make medical decisions for me in Pennsylvania?
Yes, if you name them. Without a name on file, a close friend ranks last, behind your spouse, adult children, parents, siblings and adult grandchildren. You can name a friend in a signed document, or even by telling your doctor.
Who makes medical decisions in Pennsylvania if there's no power of attorney?
A health care representative. The order starts with your spouse (together with your adult children from another relationship), then adult children, parents, siblings, adult grandchildren, and finally an adult who knows your values well.
Can I combine my living will and health care power of attorney?
Yes. Pennsylvania allows both in one document. The statute includes an example combined form, but no form is mandatory.
Can my doctor be my health care representative?
Not unless they are related to you by blood, marriage or adoption. The same limit applies to other providers and to owners, operators and employees of a place where you get care.
Sources
This page is general information, not legal or financial advice. Laws vary by state.