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ADVANCE HEALTH CARE DECLARATIONS (LIVING WILLS)

While all of us are concerned with medical care in the event we suffer a medical emergency, many of us are also concerned about so-called “heroic measures” when medical treatment cannot save our lives but only prolong the process of death.

Pennsylvania law allows you to make decisions about your medical care should you be in a terminal condition and not then be able to communicate your wishes.

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What many call a “living will” actually is an advance health care declaration - a written statement which states a concern that extraordinary medical treatment be withheld if it would not improve our medical condition, but instead delay the inevitability of death.

No one is required to have a living will. If a person does not have a living will, falls into a terminal condition and is unable to communicate his or her wishes about treatment, then treatment decisions will be made by your attending physicians and family members.

If you need treatment at a hospital or care at a facility, you may be asked if you have a living will. Advance health care declaration forms are available at many health care facilities and can be prepared by your attorney. When you are asked if you have a living will, no one is telling you that you must have one.

You may have experienced a situation in which a family member or close friend died. So long as we are able to communicate our wishes, they will be respected. But if we are not able to express our own wishes because of unconsciousness or a terminal medical decision, then decisions about our care will be made by others unless we have a living will on file.

Pennsylvania law allows us, if we wish, to state an intention that some medical treatment be withheld if that treatment would serve only to prolong the process of our death. Examples of such treatment include blood transfusions, kidney dialysis and mechanical respiration. If you draw an advance health care declaration, you can decide which of seven listed forms of treatment you would want to be avoided.

A living will should be maintained in your family physician’s file. It becomes effective only if you should fall into a terminal condition or state of permanent unconsciousness and cannot then communicate your wishes. A living will can also designate another person to make medical treatment decisions for you if you are not then able to do so.

If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.

Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411.

 
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