- With whom should I discuss my instructions before I write them down?
Before you write your instructions down, you may wish to discuss them with your doctor, members of your family. friends, or other appropriate persons-such as a member of the clergy. If you are writing a durable power of attorney for healthcare, you should also discuss your wishes with the person you are naming as your attorney-in-fact. Similarly, if you are writing a living will and naming someone in that document to carry out your wishes, you should discuss your wishes with that person.
- To whom should I give my written instructions?
You should give your written instructions to your family doctor and. if applicable, to your hospital, nursing home or other health care provider. You may also want to give a copy to your family or anyone else involved in your health care decision-making process.
- What if I don't leave instructions or name a person who will make decisions for me?
If you become unable to express your wishes about your medical care or treatment and do not leave instructions or name a person who will make decisions for you, a health care provider may ask your family or the courts to make decisions about your care and treatment.
- What if I have expressed my wishes orally about treatment, but have not put my wishes in writing?
Oral decisions which you have given to your physician or family will sometimes be followed by health care providers, depending on how detailed and recent those instructions were. Thus, you may wish to tell your personal physician and your family your wishes about future treatment, even if you choose not to sign some sort of "advance directive".
- Do I have to write a living will or durable power of attorney for healthcare?
No. It is your decision. Under the law, a health care provider may not condition the provision of' your care or otherwise discriminate against you on the basis of whether you have executed such a document. Moreover, under Pennsylvania law, no health care provider or insurer may charge a different fee or rate depending on whether or not you have executed a living will.
- Are living wills and durable powers of attorney for healthcare executed in other states recognized in Pennsylvania?
The law in Pennsylvania is unclear. It is possible, however, that at the very least your doctor. hospital, or judge may use such documents to determine who will make decisions about your care and what those decisions will be.
- If I have more questions about living wills or durable power of attorney for health care, who should I contact?
Jim Ruggiero