Pennsylvania Statutory

Advance Directives are referred to by different names depending on the state where you reside: advance directive, living will, declaration, power of attorney, patient advocate designation, etc.If someone disputes the validity of your health care directive, it may be challenged in court.

In Pennsylvania, you are not required to have your living will notarized, however, if you are contemplating using the document in another state you should find out if the other state requires notarization.

A living will can be canceled or revoked at any time. You can cancel your living will by indicating, in writing, that it has been cancelled. Destroying your original living will may cancel the will, but revoking the will in writing is more formal.

A person can change an Individual Healthcare Instruction by writing a new Advance Directive with the changes in it that she wants to make.A person can also revoke their Advance Directive orally, by telling their healthcare provider that they no longer want either the entire document or any parts of it enforced.

A living will is a vital part of the estate plan.But your family cannot override your living will. They cannot take away your authority to make your own treatment and care plans. In fact, you always retain the right to override your own decisions.

With what is known as a durable power of attorney for health care, you can designate an agent that will make decisions that weren't covered by your living will. It is important to note that your health care agent can't overrule any of the provisions of your living will.

A person can also revoke their Advance Directive orally, by telling their healthcare provider that they no longer want either the entire document or any parts of it enforced.

An advance directive, alone, may not be sufficient to stop all forms of life-saving treatment.You retain the right to override the decisions or your representative, change the terms of your living will or POA, or completely revoke an advance directive.

Advance care directives are legally enforceable in NSW. Although NSW does not have specific legislation on advance care directives, the Supreme Court has said that valid advance care directives must be respected (as an extension to a person's right to determine their own medical treatment).