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Allegheny, Beaver, and Washington Counties.
Living Will.
A living will is not really a "will" for a several reasons. That is to say, a living will does not depend on death, involve probate, or dispose of assets.
Rather, a living will effectuates your intent to receive (or not receive) health care in the event you become incapacitated or otherwise unable to make decisions. It is sometimes called an advance directive for health care.
Go Easy On Your Loved Ones.
Give us a call and we can discuss the inexpensive ways to protect your rights in the event that you become incapacitated. Why burden your family with trying to guess your intent concerning medical care? It's not fair to them, or to you.
Call Today!
A living will is not really a "will" for a several reasons. That is to say, a living will does not depend on death, involve probate, or dispose of assets.
Rather, a living will effectuates your intent to receive (or not receive) health care in the event you become incapacitated or otherwise unable to make decisions. It is sometimes called an advance directive for health care.
Go Easy On Your Loved Ones.
Give us a call and we can discuss the inexpensive ways to protect your rights in the event that you become incapacitated. Why burden your family with trying to guess your intent concerning medical care? It's not fair to them, or to you.
Call Today!
The following comes from: See http://members.aol.com/DKM1/20.Cp.54.html. Please use this information for educational purposes only. Nothing on this website is mean to serve as a substitute to getting experienced legal counsel for the
drafing of a will or any other document:
Power of Attorney:
CHAPTER 56. POWERS OF ATTORNEY
§ 5601. General provisions.
§ 5601.1. Powers of attorney presumed durable.
§ 5601.2. Special rules for gifts.
§ 5602. Form of power of attorney.
§ 5603. Implementation of power of attorney.
§ 5604. Durable powers of attorney.
§ 5605. Power of attorney not revoked until notice.
§ 5606. Proof of continuance of powers of attorney by affidavit.
§ 5607. Corporate attorney-in-fact.
§ 5608. Liability.
§ 5609. Compensation and reimbursement for expenses.
§ 5610. Account.
§ 5611. Validity.
§ 5601. General provisions.
(a) General rule.--In addition to all other powers that may be delegated to an agent, any or all of the powers referred
to in section 5602(a) (relating to form of power of attorney) may lawfully be granted in writing to an agent and, unless
the power of attorney expressly directs to the contrary, shall be construed in accordance with the provisions of this
chapter.
(b) Execution.--A power of attorney shall be signed and dated by the principal by signature or mark, or by another on behalf of and at the direction of the principal. If the power of attorney is executed by mark or by another individual, then it shall be witnessed by two individuals, each of whom is 18 years of age or older. A witness shall not be the individual who signed the power of attorney on behalf of and at the direction of the principal.
(c) Notice.--All powers of attorney shall include the following notice in capital letters at the beginning of the power of attorney. The notice shall be signed by the principal. In the absence of a signed notice, upon a challenge to the authority of an agent to exercise a power under a power of attorney, the agent shall have the burden of demonstrating that the exercise of this authority is proper.
CHAPTER 54. ADVANCE DIRECTIVE FOR HEALTH CARE
§ 5401. Short title of chapter.
§ 5402. Legislative findings and intent.
§ 5403. Definitions.
§ 5404. Declaration.
§ 5405. When declaration becomes operative.
§ 5406. Revocation.
§ 5407. Liability.
§ 5408. Duty of physician to confirm terminal condition.
§ 5409. Unwillingness to comply; transfer of declarant.
§ 5410. Effect on suicide and life insurance.
§ 5411. Declaration optional.
§ 5412. Preservation of existing rights.
§ 5413. Emergency medical services.
§ 5414. Pregnancy.
§ 5415. Penalties.
§ 5416. Severability.
§ 5401. Short title of chapter.
This chapter shall be known and may be cited as the Advance Directive for Health Care Act.
§ 5402. Legislative findings and intent.
[to be inserted]
§ 5403. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this subsection unless the
context clearly indicates otherwise:
"Attending physicians."
The physician who has primary responsibility for the treatment and care of the declarant.
"Declarant."
A person who makes a declaration in accordance with this chapter.
"Declaration."
A written document voluntarily executed by the declarant in accordance with this chapter.
"Health care provider."
A person who is licensed or certified by the laws of this Commonwealth to administer health care in the ordinary course of business
or practice of a profession. The term includes personnel recognized under the act of July 3, 1985 (P.L. 164, No. 45), known as the
Emergency Medical Services Act.
"Incompetent."
The lack of sufficient capacity for a person to make or communicate decisions concerning himself.
"Life-sustaining treatment."
Any medical procedure or intervention that, when administered to a qualified patient, will serve only to prolong the process of
dying or to maintain the patient in a state of permanent unconsciousness. Life-sustaining treatment shall include nutrition and
hydration administered by gastric tube or intravenously or any other artificial or invasive means if the declaration of the qualified
patient so specifically provides.
"Medical command physician."
A licensed physician who is authorized to give medical command under the act of July 3, 1985 (P.L. 164, No. 45), known as the
Emergency Medical Services Act.
"Permanently unconscious."
A medical condition that has been diagnosed in accordance with currently accepted
"Person."
An individual, corporation, partnership, association or Federal, State or local government or governmental agency.
"Qualified patient."
A person who has executed a declaration and who has been determined to be in a terminal condition or to be permanently
unconscious.
"Terminal condition."
An incurable and irreversible medical condition in an advanced state caused by injury, disease or physical illness which will, in the
opinion of the attending physician, to a reasonable degree of medical certainty, result in death regardless of the continued
application of life-sustaining treatment.
§ 5404. Declaration.
(a) Execution.-An individual of sound mind who is 18 years of age or older or who has graduated from high school or has married
may execute at any time a declaration governing the initiation, continuation, withholding or withdrawal of life-sustaining treatment.
The declaration must be signed by the declarant, or by another on behalf of and at the direction of the declarant, and must be
witnessed by two individuals each of whom is 18 years of age or older. A witness shall not be the person who signed the declaration
on behalf of and at the direction of the declarant.
(b) Form.-A declaration may but need not be in the following form and may include other specific directions, including, but not
limited to, designation of another person to make the treatment decision for the declarant if the declarant is incompetent and is
determined to be in a terminal condition or to be permanently unconscious.
CLICK HERE FOR FORM FOR SECTION 5404 DECLARATION.
(c) Invalidity of specific direction.-Should any specific direction in the declaration be held to be invalid, the invalidity shall not
offset other directions of the declaration which can be effected without the invalid direction.
(d) Medical record.-A physician or other health care provider who is furnished a copy of the declaration shall make it a part of the
declarant's medical record and, if unwilling to comply with the declaration, promptly so advise the declarant.
§ 5405. When declaration becomes operative.
[to be inserted]
§ 5406. Revocation.
(a) General rule.-A declaration may be revoked at any time and in any manner by the declarant without regard to the declarant's
mental or physical condition. A revocation is effective upon communication to the attending physician or other health care provider
by the declarant or a witness to the revocation.
(b) Medical record.-The attending physician or other health care provider shall make the revocation a part of the declarant's
medical record.
§ 5407. Liability.
[to be inserted]
§ 5408. Duty of physician to confirm terminal condition.
[to be inserted]
§ 5409. Unwillingness to comply; transfer of declarant.
[to be inserted]
§ 5410. Effect on suicide and life insurance.
[to be inserted]
§ 5411. Declaration optional.
[to be inserted]
§ 5412. Preservation of existing rights.
[The provisions of this chapter shall not impair or supersede any existing rights or responsibilities not addressed in this chapter.
§ 5413. Emergency medical services.
[to be inserted]
§ 5414. Pregnancy.
[to be inserted]
§ 5415. Penalties.
Any person who willfully conceals, cancels, defaces, obliterates or damages the declaration of another without the consent of the declarant commits a felony of the third degree. Any person who falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of a revocation as provided in section 5406 (relating to revocation), with the intent to cause a withholding or withdrawal of life-sustaining treatment contrary to the wishes of the declarant and, because of such an act, directly
causes life-sustaining treatment to be withheld or withdrawn and death to be hastened shall be subject to prosecution for criminal homicide as provided in 18 Pa.C.S. Ch. 25 (relating to criminal homicide). Any person who willfully, by undue influence, fraud or duress, causes a person to execute a declaration pursuant to this chapter commits a felony of the third degree.
Legal Links:
Law libraries
Beaver County
http://www.co.beaver.pa.us/lawlibrary/
http://library.lawschool.cornell.edu/
Local rules:
http://www.co.beaver.pa.us/Courts/local%20rules/localrules.htm
Pennsylvania,
http://en.wikipedia.org/wiki/Pennsylvania
for "lawyers": lawyer referral: http://www.bcba-pa.org/lrs.asp
Lawyer and attorney
http://en.wikipedia.org/wiki/Lawyer
"attorneys" and bar members: http://www.bcba-pa.org/members_bar.asp
Law libraries
Beaver County
http://www.co.beaver.pa.us/lawlibrary/
http://library.lawschool.cornell.edu/
Local rules:
http://www.co.beaver.pa.us/Courts/local%20rules/localrules.htm
Pennsylvania,
http://en.wikipedia.org/wiki/Pennsylvania
for "lawyers": lawyer referral: http://www.bcba-pa.org/lrs.asp
Lawyer and attorney
http://en.wikipedia.org/wiki/Lawyer
"attorneys" and bar members: http://www.bcba-pa.org/members_bar.asp
Region:
Beaver County
http://en.wikipedia.org/wiki/Beaver_ County,_Pennsylvania
Beaver County Area
http://www.beavercountychamber.c om/
Beaver County Courty System
http://www.co.beaver.pa.us/Courts/ JurorsInstructions.htm
Pittsburgh sites,
http://en.wikipedia.org/wiki/Pittsbur gh
Pittsburgh area
http://www.pittsburgkschamber.com /
http://www.lawlib.duq.edu/,
City of Pittsburgh http://www.city.pittsburgh.pa.us/
Pittsburgh Law Department
http://www.city.pittsburgh.pa.us/law /
Allegheny County
http://www.county.allegheny.pa.us/
Pennsylvania court system
http://www.courts.state.pa.us/
Greensburg, http://www.city.greensburg.pa.us/
Westmoreland County Bar Association
http://www.westbar.org/
Westmoreland County Court System
http://www.co.westmoreland.pa.us/
Uniontown
http://en.wikipedia.org/wiki/Unionto wn,_Pennsylvania
Washington bar
Lawrence County Bar, http://www.lawrencecountylawyers.c om/images/localrules.pdf
Washington County Courts
http://www.co.washington.pa.us/ind ex.aspx
Washington County Children and Youth
http://www.co.washington.pa.us/mai ndepartment.aspx?menuDept=109
http://www.co.washington.pa.us/dow nloads/262.pdf
Beaver County
http://en.wikipedia.org/wiki/Beaver_ County,_Pennsylvania
Beaver County Area
http://www.beavercountychamber.c om/
Beaver County Courty System
http://www.co.beaver.pa.us/Courts/ JurorsInstructions.htm
Pittsburgh sites,
http://en.wikipedia.org/wiki/Pittsbur gh
Pittsburgh area
http://www.pittsburgkschamber.com /
http://www.lawlib.duq.edu/,
City of Pittsburgh http://www.city.pittsburgh.pa.us/
Pittsburgh Law Department
http://www.city.pittsburgh.pa.us/law /
Allegheny County
http://www.county.allegheny.pa.us/
Pennsylvania court system
http://www.courts.state.pa.us/
Greensburg, http://www.city.greensburg.pa.us/
Westmoreland County Bar Association
http://www.westbar.org/
Westmoreland County Court System
http://www.co.westmoreland.pa.us/
Uniontown
http://en.wikipedia.org/wiki/Unionto wn,_Pennsylvania
Washington bar
Lawrence County Bar, http://www.lawrencecountylawyers.c om/images/localrules.pdf
Washington County Courts
http://www.co.washington.pa.us/ind ex.aspx
Washington County Children and Youth
http://www.co.washington.pa.us/mai ndepartment.aspx?menuDept=109
http://www.co.washington.pa.us/dow nloads/262.pdf
Wills:
Sites on the law of Wills
http://en.wikipedia.org/wiki/Will_(la w)
Living will
http://en.wikipedia.org/wiki/Living_ will
Power of Attorney
http://en.wikipedia.org/wiki/Power_ of_attorney
overview of wills, estates, health care directive:
http://estate.findlaw.com/estate-pla nning/wills/wills-overview.html
Married couples and wills:
http://family.findlaw.com/marriage/ marriage-more/couples-ownership.h tml
types of wills:
http://estate.findlaw.com/estate-pla nning/wills/wills-types.html
http://estate.findlaw.com/estate-pla nning/wills/wills-legal.html
Using a lawyer for a will:
http://estate.findlaw.com/estate-pla nning/wills/wills-attorney.html
Living wills:
http://estate.findlaw.com/estate-pla nning/wills/estate-planning-living-will s.html
More about living wills:
http://estate.findlaw.com/estate-pla nning/living-wills/
Power of attorney:
http://estate.findlaw.com/estate-pla nning/living-wills/hc_poa.html
Heath care power of attorney
http://estate.findlaw.com/estate-pla nning/living-wills/estate-planning-he althcare-power-of-attorney.html
Sample living will:
http://estate.findlaw.com/estate-pla nning/living-wills/le23_9_1.html
DNR Order
http://elder-law.lawyers.com/Do-Not- Resuscitate-Orders.html
Patient, do not resuscitate order
Physician do not resusicate order
Advance Directive for Health Care (Pennsylvania)
http://evans-legal.com/dan/padhc.ht ml
Pennsylvania law on advance directive for health care
http://members.aol.com/DKM1/20.Cp .54.html
http://elder-law.lawyers.com/Do-Not- Resuscitate-Orders.html
Patient, do not resuscitate order
Physician do not resusicate order
Advance Directive for Health Care (Pennsylvania)
http://evans-legal.com/dan/padhc.ht ml
Pennsylvania law on advance directive for health care
http://members.aol.com/DKM1/20.Cp .54.html
Our Document Drafting Practice will work with you to finalize your DNR Order (do not
resusicate order), living will, patient DNR, will, living will, advance directive for health care, or
power attorney or contract. Why put your trust in a generic form or software program to create
your important documents when you can have it doen by an attorney who knows the law in
Pennsylvania? Our Pittsburgh and Beaver County attorneys can help you throughout Western
Pennsylvania, including: Allegheny County (Pittsburgh), Beaver County, Butler County,
Washington County, Lawrence, and Greene Counties (Waynesburg). Set up an appointment for
consultation with an attorney. A lawyer can come to you in Fayette (Uniontown), Johnstown,
Westmoreland County (Greensburg), Cambria County, Greene County, Weirton, Wheeling,
Morgantown, Monongahela, Monroeville, South Hills, Ross, Monaca, South Side (Pittsburgh),
Shadyside (Pittsburgh), Monroeville, North Side (Pittsburgh) Avalon, and Bellevue. Each lawyer
with us handles breach of contract, will drafting, power of attorney, and living wills.
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