Living Wills
A living will is a written statement of your own wishes regarding specific medical treatments — most often, life-sustaining measures such as mechanical ventilation, artificial nutrition and hydration, and resuscitation — in the event you become permanently unconscious or are diagnosed with a terminal condition and cannot communicate your preferences yourself.
Unlike a healthcare power of attorney, which names a person to decide on your behalf, a living will states your own decisions directly, in your own words, made while you still have full capacity to consider them. It applies in a narrower set of circumstances than a healthcare power of attorney — typically end-stage or permanent-unconsciousness scenarios specifically defined in Pennsylvania law — but within that scope, it removes ambiguity at exactly the moment ambiguity is hardest for a family to resolve.
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A living will is not a general substitute for a healthcare power of attorney. It applies to the specific circumstances it defines — usually permanent unconsciousness or a terminal diagnosis — and says nothing about the countless other medical decisions that might arise in a serious but non-terminal illness or injury.
This is why we draft living wills and healthcare powers of attorney together as companion documents: the living will answers the narrow, defined questions it's built for, and the healthcare agent handles everything else.
DOCUMENT ACCESS
A living will only functions if it can be found and acted on quickly. Provide copies to your healthcare agent, your primary physician, and any hospital system where you regularly receive care, and revisit the document any time your health circumstances or personal values change.
A validly executed living will generally controls over a family member’s objection, which is precisely why having one — in your own words, signed while you had full capacity — prevents disputes rather than causing them.
A WORD ON DIY WILLS
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