Guides · State guides · Pennsylvania
Medical Power of Attorney in Pennsylvania: Health Care Power of Attorney and Living Will
Pennsylvania's medical power of attorney needs two adult witnesses and no notary, and it can be combined with a living will. Here is how both work, from 20 Pa.C.S. Chapter 54.
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What to know
- A Pennsylvania health care power of attorney must be dated, signed by your parent and witnessed by two adults; Pennsylvania law doesn't require a notary (20 Pa.C.S. § 5452).
- It becomes operative when a copy is given to the attending physician and the physician determines your parent is incompetent.
- A living will and a health care power of attorney can be combined into one document; the statute prints an example form.
- If your parent has no health care agent, Pennsylvania law sets an order of family members who can act as health care representative, starting with the spouse (§ 5461).
- Retirement Checklist puts these documents in order alongside everything else your family needs to settle.
A medical power of attorney in Pennsylvania, called a health care power of attorney, is "A writing made by a principal designating an individual to make health care decisions for the principal." Under 20 Pa.C.S. § 5452, it must be dated, signed by your parent and "witnessed by two individuals, each of whom is 18 years of age or older." The statute's example form adds: "Notarization of document is not required by Pennsylvania law."
What is a health care power of attorney in Pennsylvania?
It's one of Pennsylvania's three forms of advance health care directive: "A health care power of attorney, living will or a written combination of a health care power of attorney and living will." An individual of sound mind can make one if they're 18 or older, have graduated from high school, have married, or are an emancipated minor.
The agent can make "any health care decision" your parent could, including authorizing "admission to a medical, nursing, residential or similar facility," and the authority can extend past death to anatomical gifts, disposition of remains and autopsies. A health-care-only power of attorney doesn't need the notary, notice or agent's acknowledgment that a financial one does; see our Pennsylvania power of attorney guide.
How is it different from a living will?
A health care power of attorney names a person to decide; a living will states your parent's own instructions for treatment (20 Pa.C.S. § 5422).
| Document | What it does | Becomes operative when |
|---|---|---|
| Health care power of attorney | Names an agent to make health care decisions | A copy goes to the attending physician, who determines your parent is incompetent |
| Living will | States your parent's wishes and instructions for health care | Your parent is incompetent and has an end-stage medical condition or is permanently unconscious |
"A living will and health care power of attorney may be combined into one document." If two directives conflict, the one signed later controls to the extent of the conflict, unless the documents say otherwise (§ 5425). For the general picture, see power of attorney vs. advance directive.
How do you sign a health care power of attorney in Pennsylvania?
Your parent dates and signs it, by signature or mark, or someone signs at their direction if they can't, and two adults witness it. Two rules limit who signs: a person who signs on your parent's behalf can't also be a witness, and a health care provider serving your parent can't sign on their behalf.
The statute's only witness exclusion is the person who signed for your parent. The example form recommends going further: "It is preferable if the witnesses are not your heirs, nor your creditors, nor employed by any of your health care providers." It also notes that a document both witnessed and notarized "is more likely to be honored by the laws of some other states."
Who can't serve as the health care agent?
Under § 5455, unless related to your parent by blood, marriage or adoption, the agent can't be your parent's attending physician or other health care provider, or an owner, operator or employee of a health care provider where your parent is receiving care.
If your parent names more than one agent, they act jointly unless the document says otherwise. Divorce changes things: if your parent named their spouse and 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 the directive clearly says otherwise.
When does the agent start making decisions?
Unless the document says otherwise, it "becomes operative when: (1) a copy is provided to the attending physician; and (2) the attending physician determines that the principal is incompetent" (§ 5454). It becomes inoperative again while the physician finds your parent competent. The agent's decisions are effective without court approval.
Two protections are built in. Without "specific, written authorization" to withhold or withdraw artificial nutrition and hydration, the agent "shall presume that the principal would not want nutrition and hydration withheld or withdrawn." And whatever their condition, your parent can countermand an agent's decision to withhold or withdraw life-sustaining treatment by telling the attending physician.
Where do you get a Pennsylvania form?
Any written form that meets the statute works; Pennsylvania doesn't mandate one. A health care power of attorney "may be in any written form" that identifies your parent, names an agent and authorizes health care decisions, and state agencies "may not prescribe a mandatory form." The statute itself prints an example combined form in § 5471, titled "DURABLE HEALTH CARE POWER OF ATTORNEY AND HEALTH CARE TREATMENT INSTRUCTIONS (LIVING WILL)."
The example's treatment instructions take effect "when and only when I lack the ability to understand, make or communicate a choice regarding a health or personal care decision as verified by my attending physician." It notes that if your parent wants the agent "to be able to speak for you immediately," a different form is needed.
What happens if your parent has no health care agent?
A health care representative decides, named by your parent or drawn from a statutory order of relatives. Under § 5461, if your parent is found incompetent and has no available health care agent or guardian, a health care representative can decide. Your parent can name one by a signed writing or by telling the attending physician. Otherwise, in descending order of priority:
- the spouse, unless a divorce is pending, together with any adult children who aren't the spouse's children;
- an adult child;
- a parent;
- an adult brother or sister;
- an adult grandchild;
- an adult who knows your parent's preferences and values.
If members of a group disagree, the provider "may rely on the decision of a majority" of those who've shared their views; if they're evenly split, no decision is made until they resolve it. The state Department of Aging notes that without an advance directive, decision-making "can default by law to a particular family member without regard to current relationship status or knowledge of care preferences."
How do you revoke a Pennsylvania advance directive?
Your parent revokes a health care power of attorney while of sound mind, and a living will at any time, in these ways:
- Health care power of attorney. While of sound mind, your parent can revoke it in a writing signed and witnessed like the original, or "by personally informing the attending physician, health care provider or health care agent that the health care power of attorney is revoked" (§ 5459).
- Living will. It "may be revoked at any time and in any manner by the principal regardless of the mental or physical condition of the principal," effective once communicated to the attending physician or another provider (§ 5444).
What about POLST?
A POLST is a medical order, not an advance directive. According to the Pennsylvania Department of Health, the form "specifies the types of medical treatment that a patient wishes to receive towards the end of life" and is signed by both a clinician and the patient or their surrogate. As of October 13, 2026, a bill to write POLST into Pennsylvania law, Senate Bill 730, had passed the Senate and was pending in the House; it isn't law.
Frequently asked questions
Does a medical power of attorney need to be notarized in Pennsylvania?
No. Under 20 Pa.C.S. § 5452, a Pennsylvania health care power of attorney must be dated, signed and witnessed by two adults. The statute's example form says notarization isn't required by Pennsylvania law, though a document both witnessed and notarized may be more likely to be honored in some other states.
Can a family member witness a health care power of attorney in Pennsylvania?
The statute only bars the person who signed on your parent's behalf. The statute's example form recommends that witnesses not be your parent's heirs, creditors or employees of their health care providers, so following it means looking beyond your parent's heirs for witnesses. A family member can still be the agent.
Where can I get a Pennsylvania health care power of attorney form?
Pennsylvania doesn't require any particular form, and state agencies can't mandate one. The statute prints an example combined health care power of attorney and living will form in 20 Pa.C.S. § 5471. Any written form that names an agent and authorizes health care decisions, with two adult witnesses, works.
Who makes medical decisions in Pennsylvania if there's no power of attorney?
A health care representative. Under § 5461, your parent can name one, or the order runs from the spouse (with adult children not of that spouse), to an adult child, a parent, an adult sibling, an adult grandchild, then an adult who knows your parent's values. A majority within a group controls.
Is an advance directive from another state valid in Pennsylvania?
Yes, with one limit. Under §§ 5464 and 5446, a health care power of attorney or living will executed in conformity with another state's law is valid in Pennsylvania, except to the extent it would allow decisions inconsistent with Pennsylvania law. If your parent splits time between states, an attorney can confirm what covers both.
Can my parent change their mind after signing?
Yes. While of sound mind, your parent can revoke a health care power of attorney in a signed and witnessed writing, or by telling the attending physician, a provider or the agent. A living will can be revoked at any time and in any manner, regardless of your parent's condition.
Getting started
A health care power of attorney only helps if it's signed while your parent can sign it, with two adult witnesses, and if a copy reaches the doctor. The plan this site builds asks four questions, including which state your parents live in, and puts the steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- 20 Pa.C.S. Chapter 54, Health Care: definitions (§ 5422), signing (§ 5452), the agent (§§ 5454 to 5456), revocation (§§ 5444, 5459), health care representatives (§ 5461), out-of-state documents (§§ 5446, 5464) and the example form (§ 5471).
- Pennsylvania Department of Aging, End-of-life care: advance directives and POLST in plain language.
- Pennsylvania Department of Health, EMS resources: the POLST form.
- Pennsylvania General Assembly, Senate Bill 730 (2025-26): the pending POLST bill.
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