Pennsylvania Living Will vs. Healthcare Power of Attorney

Pennsylvania law lets you create a living will, a healthcare power of attorney, or — most commonly — both. Each does a different job.

Living will

A living will is a statement of your wishes about end-of-life treatment. It speaks for you when:

• You have an end-stage medical condition or are permanently unconscious, and
• Two physicians have certified the diagnosis in writing

It addresses specific interventions: ventilation, artificial nutrition and hydration, CPR, dialysis, antibiotics. It does not name anyone to make broader medical decisions.

Healthcare power of attorney

A healthcare POA names an agent who can make medical decisions for you whenever you cannot communicate or decide. It is much broader:

• Activates any time you lack capacity, not only at end of life
• Covers all medical decisions, not only life-sustaining treatment
• Allows the agent to interpret ambiguous situations in light of your values

Which do you need?

For nearly every Pennsylvania adult, the answer is both — usually combined into a single advance-directive document. The living will tells the world what you want at the end of life; the healthcare POA gives a trusted person the authority to handle everything in between.

What happens if you only have one?

• Living will only: Doctors will follow your end-of-life instructions, but if you are temporarily incapacitated (surgery, ICU stay, dementia onset) with no end-stage diagnosis, no one is authorized to make decisions for you. Hospitals fall back on Pennsylvania's surrogate-priority statute.
• Healthcare POA only: Your agent can act, but they have no written guidance on your end-of-life wishes and must guess at one of the hardest decisions a family can face.

For the broader picture, read our PA advance directive guide and the financial vs. healthcare POA article.