At Chadwick Estate Law, we prepare Advance Directives—the combination of a Health Care Power of Attorney (HPOA) and a Living Will—for clients across Philadelphia, Delaware, Chester, and Montgomery Counties, and statewide via Zoom. These vital documents appoint a trusted health care agent and record your end-of-life treatment choices, ensuring your medical care reflects your wishes when you can’t speak for yourself.
What Is an Advance Directive?
Under 20 Pa.C.S. § 5451 et seq., an advance directive is a legally binding document that may include:
A Health Care Power of Attorney — appoints an agent to make health decisions if you cannot.
A Living Will — provides written instructions about life-sustaining treatment in end-stage conditions or permanent unconsciousness.
Together, they ensure that both your values and specific instructions are respected—avoiding family conflict and court involvement.
Health Care Power of Attorney (HPOA)
A Health Care Power of Attorney (sometimes called a proxy) authorizes your chosen agent to:
Approve or decline treatments and procedures.
Select doctors, facilities, and courses of care.
Access and share medical records under HIPAA.
Communicate with your medical team on your behalf.
Unlike financial POAs, the HPOA applies only to health decisions and is effective when you are unable to communicate or incompetent.
Living Will
A Living Will complements the HPOA by specifying your choices about life-sustaining treatment when:
You are in an end-stage medical condition, or
You are permanently unconscious.
In your Living Will, you may direct your health care team to:
Continue or withdraw life support (ventilators, feeding tubes, dialysis).
Focus exclusively on comfort measures (pain management).
Allow or decline organ/tissue donation.
Your agent and doctors are legally bound to follow these instructions, ensuring your autonomy even when you cannot speak.
Creating an Advance Directive in Pennsylvania
Choose Your Health Care Agent – Pick someone you trust to act under pressure.
Document Your Wishes – Outline treatment preferences and comfort care choices.
Draft with an Attorney – Ensure compliance with 20 Pa.C.S. §§ 5451–5465, HIPAA releases, and execution rules.
Execute Properly – Signed in front of two adult witnesses (agent cannot serve as witness). Notarization recommended.
Store & Share – Provide copies to your agent, family, and physicians. Upload to your electronic medical record.
Review & Update – Revisit every 3–5 years or after major life changes.
Why You Need an Advance Directive
Control & Autonomy — Protects your medical preferences.
Prevents Guardianship — Avoids court-appointed guardianship during incapacity.
Family Clarity — Reduces disputes and removes uncertainty.
Peace of Mind — Ensures your loved ones aren’t forced to guess what you would want.
Health Care Power of Attorney, Living Will and Advance Directive Frequently Asked Questions
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The HPOA names an agent for all medical decisions if you cannot speak. The Living Will applies only to life-sustaining treatment in very specific conditions. Together, they form your Advance Directive.
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No. You may appoint any competent adult who understands your wishes.
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No, two adult witnesses are sufficient under PA law. But notarization helps with recognition in other states.
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Yes. You can revoke or replace your directive anytime while competent (20 Pa.C.S. § 5454).
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Your family may have to petition Orphans’ Court for guardianship, causing delay, expense, and conflict.
Protect Your Legacy with a Plan You Understand
Call 215-277-0888, email Bass or fill out this form to get started.
