 May/Summer 2001 (XXXIX 3) |
YM’s Development Services Working Group wants to alert Friends to the importance of executing a legally effective Advance Directive for Health Care. The term “Advance Directive” refers to all types of advance medical directive documents including Living Wills, Powers of Attorney and Health Care Declarations. Regardless of the name, the essential purpose of any of these documents is for you to direct decisions related to your end-of-life medical care.
If you are a Pennsylvania resident, your Declaration should be prepared in accordance with the Advance Directive for Health Care Act (Probate Estates and Fiduciaries Code, Chapter 54). Your Declaration should be signed and witnessed by two individuals. It's best is to also have the document notarized. You should seriously consider designating in your Declaration another individual(s), called a “surrogate”, to make treatment decisions for you if you are unable to speak or act for yourself.
According to the Act, your Declaration will become operative when (1) a copy is provided to your physician and (2) you are determined by a physician to be incompetent and in a terminal condition or in a state of permanent unconsciousness.
In addition to an Advance Directive, you should also have a general, durable Power of Attorney naming an individual to act for you if you are unable to act for yourself for any reason. If you are a Pennsylvania resident, this document should be prepared in accordance with the Power of Attorney Act (Probate Estates and Fiduciaries Code, Chapter 56). Generally a durable Power of Attorney sets forth financial powers exercisable by your agent on your behalf. It can, and should, also include the power to authorize your admission to a medical, nursing, residential or similar facility, and to authorize medical and surgical procedures on your behalf. The durable power of attorney is effective if you are not experiencing an end-of-life situation, but you are nevertheless unable to act for yourself. The general, durable Power of Attorney will complement your Advance Directive.
These two documents are fundamental tools for your estate planning. They should be updated regularly to accommodate any changes in the law and to keep the date current. In order to be sure you have legally effective documents, we suggest you contact an attorney who is familiar with this area of the law. It is important to make arrangements in this regard now, while you are able to articulate your wishes and to make decisions on your behalf.
Mary L. Buckman, attorney at law
Abington Meeting (PA)
Last modified: Wednesday, February 18, 2004 at 08:18 AM