PA Default Healthcare Surrogate
By Sean Quinlan, Esq. · Updated January 15, 2025
20 Pa.C.S. § 5461 establishes a default surrogate decision-maker if a Pennsylvania patient becomes incapacitated without a healthcare POA.
Priority order
Spouse (with adult child considerations), adult child, parent, adult sibling, adult grandchild, close friend.
Limits
The default surrogate cannot consent to forgo life-sustaining treatment without a separate certification. A healthcare POA does not have this limit.
Why it fails
Estranged spouses, alienated children, and multi-child stalemates create exactly the conflicts that an advance directive resolves.
This article is general information about Pennsylvania law as of the update date above. It is not legal advice for your situation and does not create an attorney-client relationship. For advice on your specific facts, please schedule a consultation.
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