Pennsylvania Living Will Form: How to Complete Your Advance Directive

Most people assume filling out a Pennsylvania living will is just signing a form. Then they discover the witness disqualification rules, the difference between a living will and a healthcare power of attorney, and the fact that Pennsylvania combines both into a single document under Chapter 54 of the Consolidated Statutes.

Here's what you actually need to know to get it right.

What the Pennsylvania Combined Advance Directive Covers

Pennsylvania uses a combined advance directive that merges two distinct legal instruments into one document:

• Healthcare Power of Attorney (HCPOA) — designates a healthcare agent to make medical decisions when you can't
• Living Will — specifies your treatment preferences for end-stage conditions and permanent unconsciousness

Under 20 Pa.C.S. § 5442, any competent adult can execute this combined document. The living will portion only activates when your attending physician certifies two things: (1) you lack capacity to make or communicate decisions, and (2) you have a terminal condition or are permanently unconscious.

The healthcare power of attorney activates earlier — it kicks in whenever you're incapacitated, regardless of terminal status.

Signing Requirements: What Pennsylvania Actually Requires

Here's where most people get confused. Pennsylvania has different execution rules for healthcare directives versus financial powers of attorney:

Healthcare Advance Directive (Chapter 54):

• Your signature (or someone signing at your direction)
• Two adult witnesses (age 18+)
• Notarization is not required but strongly recommended

Financial Power of Attorney (Chapter 56):

• Your signature
• Two witnesses and mandatory notarization

This distinction matters because people who've dealt with financial POAs assume notarization is mandatory for everything. It's not — but getting your advance directive notarized improves portability across state lines and speeds acceptance by hospitals.

Who Can't Be a Witness

Pennsylvania's witness restrictions under § 5452 disqualify several categories:

• Your designated healthcare agent
• Anyone signing the directive on your behalf
• Your attending physician or employees of the treating healthcare facility (during admission)

Two qualifying adults who don't fall into these categories must watch you sign. Neighbors, coworkers, or friends from outside your healthcare setting are the simplest options.

Filling Out the Form: Section by Section

Section 1 — Healthcare Agent Designation: Name your primary agent and at least one successor. Include full legal names, phone numbers, and addresses. Your agent should be someone who understands your values and can handle pressure from medical staff and family members.

Section 2 — Living Will Instructions: Specify your preferences for life-sustaining treatment under two scenarios: terminal condition and permanent unconsciousness. You can authorize or refuse artificial nutrition, hydration, mechanical ventilation, and other interventions.

Section 3 — Agent Authority Scope: Define whether your agent can consent to experimental treatments, make organ donation decisions, or authorize mental health treatment.

Section 4 — Signature and Witnesses: Sign with your two witnesses present. Add an optional notary acknowledgment.

After You Sign: Distribution

A signed advance directive sitting in a drawer protects no one. Distribute copies to:

• Your healthcare agent and successor agent
• Your primary care physician (request it be uploaded to your electronic health record)
• Your local hospital system (UPMC, Penn Medicine, and Allegheny Health Network all accept advance directive uploads)
• A trusted family member who is not your agent

Pennsylvania law does not require registration with any state agency.

Common Mistakes That Invalidate the Document

Using only a notary without witnesses. A notary stamp alone does not satisfy Chapter 54. You need two qualifying witnesses regardless.

Naming your doctor as a witness. Your attending physician cannot serve as a witness during an active clinical relationship.

Forgetting to update after major life changes. A divorce doesn't automatically revoke your spouse's designation as healthcare agent. You need to execute a new directive.

Getting the form right the first time prevents your family from facing a guardianship petition in Orphans' Court — a process that costs thousands and makes your medical decisions public record. The Pennsylvania Advance Directive & Living Will Kit walks through every section with Pennsylvania-specific instructions and witness verification checklists.

See more Pennsylvania guides →