Living Wills & Advance Directives in Montgomery County

What Pennsylvania Law Recognizes as a Living Will & Advance Directive

Under Pennsylvania’s Advance Directive for Health Care Act (Act 169 of 2006), an advance health care directive can take three forms: a living will, a health care power of attorney, or a single document combining both. Each serves a distinct purpose, and understanding the difference shapes which documents you actually need.

A living will is a written declaration directing whether to initiate, continue, withhold, or withdraw life-sustaining treatment. It becomes operative only once a physician determines the principal is incompetent and has been diagnosed with an end-stage medical condition or is permanently unconscious. It doesn’t govern routine medical decisions. Pennsylvania law doesn’t require a specific form, so any written document that clearly expresses your wishes about life-sustaining treatment can qualify.

A health care power of attorney is broader: it authorizes a named health care agent to make medical decisions whenever the principal cannot decide, not only in end-of-life situations. That distinction determines whether you need one document, the other, or a combined advance directive.

How Our Family Law Background Shapes Agent Selection

Choosing a health care agent involves more than filling in a name. The person you designate must be willing to serve, realistically available in a crisis, and familiar enough with your values to interpret wishes the document doesn’t explicitly address. That last point is where family history matters.

Divorce, blended families, estrangement, or an ongoing dispute can each affect who is the right person to hold health care decision-making authority and how broadly that authority should extend. Our family law background means we evaluate those dynamics as part of drafting your advance directive, not as an afterthought.

When There Is No Advance Directive in Pennsylvania

Without a valid advance directive, Pennsylvania law provides a default hierarchy of health care representatives: a spouse, adult children, or parents, in a defined order, may make medical decisions for an incapacitated person. This hierarchy works smoothly in uncomplicated family situations. It can fail in others.

If no one in the statutory hierarchy is available, willing, or able to agree on a course of care, a court may need to appoint a guardian. That process requires a hearing and physician testimony establishing incapacity. In Montgomery County, Pennsylvania, guardianship proceedings for incapacitated adults are heard by the Orphans’ Court Division of the Court of Common Pleas. A properly drafted advance directive can help put your chosen decision-maker in place before a crisis arises.

Execution Requirements & Coordination with Your Estate Plan

A valid advance directive in Pennsylvania must be signed by the principal and witnessed by two adults who are each at least 18 years old. If the principal can’t sign, another person may sign at their direction. Notarization isn’t required. The document doesn’t expire and remains effective until you change or revoke it, and a principal of sound mind can do so at any time.

Pre-existing Pennsylvania advance directives and validly executed out-of-state directives are generally honored as long as they’re consistent with Pennsylvania law, so documents drafted before a move to Montgomery County are worth reviewing rather than simply replacing. We coordinate living wills and advance directives with wills and powers of attorney so all documents work together as one coherent estate plan rather than a collection of separate forms.

Schedule Your Complimentary Consultation

Putting a living will and advance directive in place can reduce ambiguity, lower the potential for family conflict, and keep health care choices in your hands. Testa & Pagnanelli, LLC offers a complimentary initial consultation to review your situation, discuss which documents fit your circumstances, and answer your questions about the process.

Call Testa & Pagnanelli, LLC at (610) 365-4733 to schedule your consultation and take this step for yourself and your family.