A Pennsylvania (PA) medical power of attorney (MPOA) lets you assign someone to make medical decisions on your behalf if you can’t communicate your wishes. The person you choose, called your agent, can only make medical decisions for you while you’re incapacitated.
In Pennsylvania, a medical power of attorney is sometimes referred to as a:
- Pennsylvania Medical POA
- Pennsylvania Healthcare Power of Attorney
Laws: Pennsylvania Consolidated Statutes, Title 20, Chapter 54, Subchapter C provides legal guidance on creating a Pennsylvania medical power of attorney.
In addition to creating an MPOA, consider the following forms for planning for a medical emergency:
- Living Will: A living will lets you document your medical care and treatment preferences. Medical POAs and living wills both fall under a category of legal documents known as advance directives.
- Pennsylvania (Financial) Power of Attorney: A financial POA lets you assign an agent to manage your affairs relating to business, finances, and other non-medical areas.
How to Fill in a Medical Power of Attorney in Pennsylvania
The following steps guide you through the creation of a legally valid power of attorney for healthcare, as specified in 20 Pa.C.S. §5451-5465.
Step 1: Choose an agent
Your agent is a person you choose to make healthcare decisions for you if you’re too sick to communicate.
Who should you choose as an agent?
Your agent should be a trustworthy, responsible person over age 18. You should also choose an agent who knows your wishes and beliefs regarding medical care.
Relevant law: 20 Pa.C.S. §5455
Who can’t be your agent?
Unless they’re related to you (by blood, marriage, or adoption) you can’t choose the following people as agents for your medical POA:
- Your health care or residential care provider
- An owner, manager, or employee of your residential or medical facility
Relevant law: 20 Pa.C.S. §5455
Can you have more than one agent?
In Pennsylvania, you can choose:
- More than one agent to make healthcare decisions for you
- One or more successor agents to act as an alternate to your primary agent(s)
If you wish to have multiple health care agents, they will work together to make decisions about your medical care unless you indicate otherwise in your MPOA document.
Relevant law: 20 Pa.C.S. §5455
Step 2: Specify what healthcare decisions your agent can make
Consider what powers you want to give your agent as you fill out the form.
Can you limit your agent’s powers?
Yes, you can include specific limitations on the agent’s powers in the medical POA document. You can also describe your intentions for your care in the document so your agent and doctors can act accordingly.
If you don’t state otherwise in your medical POA, your agent can make any decision you would normally about your health, including:
- Withholding or withdrawing life-sustaining care
- Donating your organs if you die
- Deciding where you receive treatment
- Accessing and disclosing your medical records to make informed decisions
If you wish, you can name a person (like a relative or physician) your agent should consult with on health care decisions if they’re unsure of how to proceed.
Relevant law: 20 Pa.C.S. §5456
What is your agent legally unable to do?
Pennsylvania law states that if you’re pregnant, your agent can’t withdraw life-sustaining treatment unless your doctor determines the fetus isn’t viable or it would cause you unmanageable pain or harm.
Although PA laws don’t include many limitations on health care agents’ powers, your agent is required to take the following steps when making a decision on your behalf:
- Gather information on your prognosis
- Consult with health care professionals
- Make decisions based on your instructions
- Make decisions based on your values and beliefs (in the absence of instructions)
- Make decisions in your best interests and considering the preservation of life, relief from suffering, and the preservation or restoration of functioning
Healthcare providers in Pennsylvania are also required to ensure health care agents follow these steps when making a decision on your behalf.
Relevant law: 20 Pa.C.S. §5429 and 20 Pa.C.S. §5456
When can your agent start making decisions for you?
In Pennsylvania, your health care agent’s powers take effect when:
- someone gives a copy to the attending physician and,
- a doctor determines that you are medically incompetent
If you regain the ability to make your own healthcare decisions, your agent will lose their powers.
Relevant law: 20 Pa.C.S. §5454
Step 3: Sign the form
To make your medical power of attorney legal, you must sign and date the document according to PA requirements. If you’re unable to sign, you can direct someone other than your doctor or agent to sign for you in your presence.
Relevant law: 20 Pa.C.S. §5452
Do you need notary or witness signatures?
Yes, you must have people witness your signature to validate the MPOA. You may, but aren’t required to, have the document notarized.
Relevant law: 20 Pa.C.S. §5452
Who can be a witness?
Witnesses cannot be:
- Anyone under the age of 18
- Someone who signed the document on your behalf
PA laws also note that it’s preferable that your witnesses are not your heirs, creditors, or employees of your healthcare providers, as there could be a potential conflict of interest.
Relevant law: 20 Pa.C.S. §5452 and 20 Pa.C.S. §5471
How long is your Pennsylvania medical power of attorney effective?
Once signed, your medical power of attorney has no expiration date unless you include one in the document.
If you don’t specify a date, the medical power of attorney remains in effect until it’s revoked by:
- You (the principal)
- The court
- A court-appointed guardian
Relevant law: 20 Pa.C.S. §5454
How to Revoke a Pennsylvania Medical Power of Attorney
You can revoke the power of attorney for your medical needs at any time. To do so, take one of the following steps:
- Write and execute a revocation of power of attorney
- Tell your doctor or healthcare provider that you wish to revoke the medical power of attorney
Whichever method you use to revoke, it’s important to inform your agent about the revocation.
Relevant law: 20 Pa.C.S. §5459
