Pennsylvania Living Will Requirements
Based on 20 Pa.C.S. Chapter 54
Quick Summary
- Document type: Advance Health Care Directive / Living Will
- 2 witnesses required
- Notarization not required
- Healthcare agent must sign an acceptance
Witness Requirements
Pennsylvania requires 2 witnesses who are present when you sign your advance health care directive / living will. Witnesses have the following restrictions:
Witness restrictions:
- A person who signs a living will on behalf of and at the direction of the principal cannot serve as a witness
- A witness cannot be the principal's health care provider or an agent of the health care provider who provides health care to the principal
- It is preferable that witnesses are not heirs, creditors, or employees of the declarant's health care providers
When Your Living Will Takes Effect
Your Pennsylvania living will becomes effective when the following conditions are met:
Terminal Illness
An incurable and irreversible medical condition in an advanced state caused by injury, disease, or physical illness that will, in the opinion of the attending physician to a reasonable degree of medical certainty, result in death, despite the introduction or continuation of medical treatment. (Pennsylvania uses the term "end-stage medical condition.")
Persistent Vegetative State
A medical condition that has been diagnosed in accordance with currently accepted medical standards and with reasonable medical certainty as total and irreversible loss of consciousness and capacity for interaction with the environment. This includes, without limitation, an irreversible vegetative state or irreversible coma. (Pennsylvania uses the term "permanently unconscious.")
Irreversible Condition
Pennsylvania does not use "irreversible condition" as a separate triggering condition. The two triggering conditions are "end-stage medical condition" and "permanently unconscious."
Important Notes for Pennsylvania
- Pennsylvania follows 20 Pa.C.S. Chapter 54 — Health Care (Act 169 of 2006)
- Pennsylvania allows a combined advance health care directive that merges the living will and health care power of attorney
- The healthcare agent must sign an acknowledgment accepting the appointment (for the health care power of attorney portion)
- Artificial nutrition and hydration may only be withdrawn if the advance directive specifically addresses it
- The witnesses should witness the signature in each other's presence (both present simultaneously)
- The principal must be 18, a high school graduate, married, or an emancipated minor to execute an advance directive
- Notarization is optional but recommended for multi-state recognition
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.