Title 20, DECEDENTS, ESTATES AND FIDUCIARIES

(a) Intent.--This chapter provides a statutory means for competent adults to control their health care through instructions written in advance or by health care agents or health care representatives and requested orders. Nothing in this chapter is intended to: (1) affect or super…

(a) Notification by attending physician or health care provider.--If an attending physician or other health care provider cannot in good conscience comply with a living will or health care decision of a health care agent or health care representative or if the policies of a healt…

If a provision of an advance health care directive conflicts with a provision of another advance health care directive, the provision of the instrument latest in date of execution shall prevail to the extent of the conflict unless the instruments expressly provide otherwise.

The withholding or withdrawal of life-sustaining treatment from a principal or patient resulting in death, in accordance with the provisions of this chapter, shall not, for any purpose, constitute suicide or homicide.

The making of or failure to make an advance health care directive, to request an order or to designate or disqualify a health care representative in accordance with this chapter shall not affect in any manner the sale, procurement or issuance of a policy of life insurance, nor sh…

A health care provider, a health care service plan, a health maintenance organization, an insurer issuing disability insurance, a self-insured employee welfare benefit plan, a nonprofit hospital plan and a Federal, State or local government sponsored or operated program may not: …

(a) Living wills and health care decisions.--Notwithstanding the existence of a living will, a health care decision by a health care representative or health care agent or any other direction to the contrary, life-sustaining treatment, nutrition and hydration shall be provided to…

(a) General rule.--If the spouse of a principal is designated as the principal's health care agent and thereafter either spouse files an action in divorce, the designation of the spouse as health care agent shall be revoked as of the time the action is filed unless it clearly app…

(a) General rule.--A health care provider or another person may not be subject to criminal or civil liability, discipline for unprofessional conduct or administrative sanctions and may not be found to have committed an act of unprofessional conduct as a result of any of the follo…

(a) Criminal homicide.--A person shall be subject to prosecution for criminal homicide as provided in 18 Pa.C.S. Ch. 25 (relating to criminal homicide) if the person intends to cause the withholding or withdrawal of life-sustaining treatment contrary to the wishes of the principa…

(a) Substance of forms.-- (1) An advance health care directive may be in the form provided under Subchapter D (relating to combined form) or in any other written form that contains the information required under Subchapters B (relating to living wills) and C (relating to health c…

Nothing in this chapter shall be construed as requiring a health care provider to maintain copies of medical records beyond the requirements otherwise imposed by applicable law and regulation.

This subchapter shall be known and may be cited as the Living Will Act.

(a) Who may make.--An individual of sound mind may make a living will governing the initiation, continuation, withholding or withdrawal of life-sustaining treatment if the individual: (1) is 18 years of age or older; (2) has graduated from high school; (3) has married; or (4) is …

(a) When operative.--A living will becomes operative when: (1) a copy is provided to the attending physician; and (2) the principal is determined by the attending physician to be incompetent and to have an end-stage medical condition or to be permanently unconscious. (b) Complian…

(a) When living will may be revoked.--A living will may be revoked at any time and in any manner by the principal regardless of the mental or physical condition of the principal. (b) Effect of revocation.--A revocation is effective upon communication to the attending physician or…

(a) General rule.--An emergency medical services provider shall, in the course of providing care to a principal, at all times comply with the instructions of an authorized medical command physician to withhold or discontinue cardiopulmonary resuscitation for a principal whose liv…

(a) Living will executed prior to effective date of subchapter.--This subchapter does not limit the validity of a living will executed prior to the effective date of this subchapter. (b) Living will executed in another state or jurisdiction.--A living will executed in another sta…

A living will may be in any written form expressing the wishes of a principal regarding the initiation, continuation, withholding or withdrawal of life-sustaining treatment and may include other specific directions, including, but not limited to, designation of a health care agen…

This subchapter shall be known and may be cited as the Health Care Agents and Representatives Act.

(a) Who may make.--An individual of sound mind may make a health care power of attorney if the individual: (1) is 18 years of age or older; (2) has graduated from high school; (3) has married; or (4) is an emancipated minor. (b) Requirements.--A health care power of attorney must…

(a) General rule.--A health care power of attorney shall: (1) Identify the principal and appoint the health care agent. (2) Declare that the principal authorizes the health care agent to make health care decisions on behalf of the principal. (b) Optional provisions.--A health car…

(a) When operative.--Unless otherwise specified in the health care power of attorney, a health care power of attorney becomes operative when: (1) a copy is provided to the attending physician; and (2) the attending physician determines that the principal is incompetent. (b) When …

(a) Multiple and successor health care agents.--A principal may appoint the following in a health care power of attorney: (1) More than one health care agent who shall act jointly unless the health care power of attorney expressly provides otherwise. (2) One or more successor age…

(a) Extent of authority.--Except as expressly provided otherwise in a health care power of attorney and subject to subsection (b) and section 5460 (relating to relation of health care agent to court-appointed guardian and other agents), a health care agent shall have the authorit…

(a) Competent principal.--A principal of sound mind may countermand any health care decision made by the principal's health care agent at any time and in any manner by personally informing the attending physician or health care provider. (b) Incompetent principal.--Regardless of …

While of sound mind, a principal may amend a health care power of attorney by a writing executed in accordance with the provisions of section 5452 (relating to execution). An amendment may include the revocation in part of the health care power of attorney or the designation of n…

(a) When health care power of attorney may be revoked.--While of sound mind, a principal may revoke a health care power of attorney by a writing executed in accordance with the provisions of section 5452 (relating to execution) or by personally informing the attending physician, …

(a) Accountability of health care agent.--If a principal who has executed a health care power of attorney is later adjudicated an incapacitated person and a guardian of the person to make health care decisions is appointed by a court, the health care agent is accountable to the g…

(a) General rule.--A health care representative may make a health care decision for an individual whose attending physician has determined that the individual is incompetent if: (1) the individual is at least 18 years of age, has graduated from high school, has married or is an e…

(a) Duty to certify end-stage medical condition.--Promptly after a determination that a principal has an end-stage medical condition or is permanently unconscious, the attending physician shall certify in writing that the principal has an end-stage medical condition or is permane…

(a) Mental health.--This subchapter does not affect the requirements of other laws of this Commonwealth regarding consent to observation, diagnosis, treatment or hospitalization for a mental illness. (b) Prohibited care.--This subchapter does not authorize a health care agent or …

This subchapter does not limit the validity of a power of attorney executed prior to the effective date of this subchapter. A health care power of attorney executed in another state or jurisdiction and in conformity with the laws of that state or jurisdiction shall be considered …

A health care power of attorney may be in any written form identifying the principal, appointing a health care agent and declaring that the principal authorizes the health care agent to make health care decisions on behalf of the principal. An example of a health care power of at…

The following is an example of a document that combines a living will and health care power of attorney: DURABLE HEALTH CARE POWER OF ATTORNEY AND HEALTH CARE TREATMENT INSTRUCTIONS (LIVING WILL) PART I INTRODUCTORY REMARKS ON HEALTH CARE DECISION MAKING You have the right to dec…

This subchapter shall be known and may be cited as the Out-of-Hospital Nonresuscitation Act.

The General Assembly finds and declares as follows: (1) Although cardiopulmonary resuscitation has saved the lives of individuals about to experience sudden, unexpected death, present medical data indicates that cardiopulmonary resuscitation rarely leads to prolonged survival in …

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Department." The Department of Health of the Commonwealth. "Emergency medical services provider." A health care prov…

(a) Issuance.--An attending physician, upon the request of a patient who is at least 18 years of age, has graduated from high school, has married or is an emancipated minor, or the patient's surrogate if the surrogate is so authorized, shall issue to the patient an order and may …

(a) Patient.--If a patient has obtained an order, only the patient may revoke the patient's DNR status. (b) Surrogate.--If a surrogate has obtained an order, the patient or the surrogate may revoke a patient's status. (c) Manner.--Revocation under this section may be done at any …

If an order has not been issued by an attending physician, a presumption does not arise as to the intent of the individual to consent to or to refuse the initiation, continuation or termination of life-sustaining treatment.

(a) Medical command instructions.--Notwithstanding the absence of an order, bracelet or necklace pursuant to this section, emergency medical services providers shall at all times comply with the instructions of an authorized medical command physician to withhold or discontinue re…

(a) Establishment.--Within 60 days of the effective date of this section, the department shall establish a committee to assist it in determining the advisability of using a standardized form containing orders by qualified physicians that detail the scope of medical treatment for …

"Incapacitated person" means an adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to manage his financial resources or to meet essential requirem…

Recognizing that every individual has unique needs and differing abilities, it is the purpose of this chapter to promote the general welfare of all citizens by establishing a system which permits incapacitated persons to participate as fully as possible in all decisions which aff…

The provisions concerning small estates of incapacitated persons shall be the same as are set forth in the following provisions of this title relating to minors' estates: Section 5101 (relating to when guardian unnecessary). Section 5102 (relating to power of natural guardian). S…