What is a living will?

A living will is a document that outlines an individual’s wishes regarding medical care and treatments if they become unable to make decisions on their own. Under Trusts and Estates Law in Pennsylvania, it is also referred to as an ‘Advance Health Care Directive’. A living will covers a wide range of medical scenarios, including end-of-life care, tube-feeding, artificial respiration and surgery. It allows people to make their wishes known ahead of time regarding their medical care, so that those wishes may be honored should they become incapacitated. The living will is typically written in advance, when the individual is of sound mind and able to make reasoned decisions. It is signed by the individual, and also includes the signature of a witness who can attest that the individual was of sound mind when the document was created. In addition to the living will, the individual can also appoint someone to represent them in healthcare decisions in the event of incapacitation (referred to as a ‘health care power of attorney’ or ‘proxy’). The living will typically addresses the person’s wishes, and the proxy is responsible for seeing that those wishes are respected. Living wills are an important part of Trusts and Estates Law in Pennsylvania, as they ensure that if an individual is unable to make decisions for themselves, their wishes are still respected. They provide peace of mind to individuals and their families, while helping to ensure that individuals receive the medical care they wish to have in the event that they become incapacitated.

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What is a living will?

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