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Start the free role checkWhat advance directives are
Advance directives are documents you sign while you have capacity that let trusted people make decisions for you — financial and medical — if illness or injury later prevents you from deciding yourself. Without them, your family may have to ask a Pennsylvania court to appoint a guardian, which takes time and expense.
The core Pennsylvania documents
Durable power of attorney (20 Pa.C.S. §5604)
Authorizes an agent to handle your finances and property. In Pennsylvania a power of attorney is dated and signed, acknowledged before a notary and witnessed by two adults, begins with a notice you sign, and lets an agent act only after the agent signs an acknowledgment of the agent's duties (20 Pa.C.S. §5601); a durable power continues through your later incapacity and may start at a future time or event (§5604) — so who you name, and what you grant, matters.
Health care power of attorney (20 Pa.C.S. §5452)
Names a health care agent to make health care decisions for you when you cannot; an individual of sound mind who is 18, a high-school graduate, married or an emancipated minor may make one, dated, signed and witnessed by two individuals, with the limits on who may sign for you or witness it that the statute states (20 Pa.C.S. §5452).
Living will (20 Pa.C.S. §5442)
States your wishes about life-sustaining treatment, to govern in the circumstances the statute describes; it is dated, signed and witnessed by two individuals, with the limits on who may sign for you or witness it that the statute states (20 Pa.C.S. §5442).
Guardian nomination & HIPAA authorization
If a guardianship ever becomes necessary, a Pennsylvania court appoints the guardian you nominated in your most recent durable power of attorney, except for good cause or disqualification (20 Pa.C.S. §5604); a HIPAA authorization lets named people receive your medical information. Often added to round out the set.
Why you need these even with a Trust
A revocable living Trust handles the assets inside it, but it does not make medical decisions, and it doesn't cover assets you never transferred in. Advance directives fill those gaps — and together with a will and a Trust, they keep decisions in the hands of people you chose, not a court.
Putting the set together in Pennsylvania
Which directives you need, and how they're worded, depends on your situation, your family, and your wishes. This page is general information, not legal advice. A free role check can show you where you stand, and a Pennsylvania attorney can prepare directives that fit you.
General information about Pennsylvania law, not legal advice.
Frequently asked questions
- How is a Pennsylvania power of attorney signed?
- It is dated and signed, acknowledged before a notary and witnessed by two adults, and begins with a notice the principal signs; the agent may act only after signing an acknowledgment of the agent's duties (20 Pa.C.S. §5601).
- What is the difference between a health care power of attorney and a living will in Pennsylvania?
- A health care power of attorney names an agent to make health care decisions for you (20 Pa.C.S. §5452); a living will states your wishes about life-sustaining treatment (§5442). Each is dated, signed and witnessed by two individuals.
General information about Pennsylvania law, not legal advice.