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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.