As an attorney who has drafted and reviewed hundreds of estate planning documents in Pennsylvania over the past twelve years, I can tell you that one of the most important—and often overlooked—documents is the durable health care power of attorney Pennsylvania residents need when they want to ensure their medical wishes are honored if they become incapacitated. Also called a health care power of attorney PA or medical power of attorney in PA, this legal form lets you appoint a trusted person (your health care agent) to make medical decisions on your behalf when you cannot speak for yourself.
In this comprehensive guide, I’ll give you a free, attorney-drafted medical power of attorney form PA residents can download immediately, explain Pennsylvania-specific requirements under Act 169 of 2006 (20 Pa.C.S. § 5451–5471), and walk you through every step of completing and executing the document correctly. Important disclaimer: This article and the downloadable template are for informational purposes only and do not constitute legal advice. Always consult a qualified Pennsylvania attorney or estate planning professional for your specific situation.
A Pennsylvania health care power of attorney (sometimes called a durable medical power of attorney) is a legal document that allows you to name a health care agent—also known as a health care proxy or surrogate—to make medical treatment decisions for you if you are unable to communicate due to illness, injury, dementia, or coma.
Pennsylvania law makes these powers “durable” by default, meaning the authority continues even if you become mentally incapacitated (20 Pa.C.S. § 5454). This distinguishes it from a general financial power of attorney and makes it one of the two essential advance directive documents (along with a living will) recommended by the Pennsylvania Department of Health and the Pennsylvania Bar Association.
| Feature | Health Care Power of Attorney PA | Living Will |
|---|---|---|
| Primary Purpose | Appoints an agent to make all health care decisions | States your wishes about end-of-life treatment only |
| When It Applies | Any time you cannot communicate (temporary or permanent) | Only when you have an end-stage condition or permanent unconsciousness |
| Flexibility | Agent can respond to unforeseen situations | Limited to the specific instructions you wrote |
| Pennsylvania Statute | 20 Pa.C.S. §§ 5451–5465 | 20 Pa.C.S. §§ 5421–5488 |
Most Pennsylvania attorneys (including myself) strongly recommend executing both documents together.
To be legally binding in the Commonwealth of Pennsylvania, your healthcare power of attorney Pennsylvania document must meet these requirements (20 Pa.C.S. § 5456 & § 5471):
Below is my completely free, Pennsylvania-compliant free medical power of attorney form PA template that I personally update every year to reflect current law. It includes the mandatory notice language verbatim from the statute.
Click here to download the FREE Pennsylvania Health Care Power of Attorney Form (PDF) – No email required, instant download.
The template contains:
Your agent should be someone who:
I always tell clients: “Your agent cannot read your mind.” Have the hard conversations about life-sustaining treatment, artificial nutrition/hydration, pain relief, organ donation, and religious preferences.
Use black or dark blue ink. Print names clearly. Do NOT use correction fluid—if you make a mistake, start over with a fresh copy.
Pennsylvania hospitals and nursing facilities almost always require notarization even though it is technically optional.
In my practice, I see the same errors repeatedly:
Do I need an attorney to create a valid health care power of attorney in Pennsylvania?
No. Pennsylvania law specifically allows you to complete the form yourself as long as statutory requirements are met. However, an attorney can customize limitations and ensure coordination with your financial POA and will.
Is a medical power of attorney the same as a financial power of attorney?
No. A health care POA only covers medical decisions. You need a separate durable financial power of attorney for assets and finances.
Can I revoke or change my Pennsylvania medical power of attorney?
Yes—anytime you have capacity—by destroying all copies and executing a new one, or by written revocation delivered to your agent and health care providers.
Will hospitals in Pennsylvania honor my out-of-state health care power of attorney?
Most will, but Pennsylvania facilities prefer PA-specific forms. Carry both if you split time between states.
Having drafted hundreds of these documents, I can say with certainty that a properly executed durable health care power of attorney Pennsylvania residents complete today is one of the greatest gifts you can give your family. It removes guesswork and guilt during the most difficult moments of their lives.
Download the free Pennsylvania medical power of attorney form above, fill it out thoughtfully, and sleep better tonight knowing your wishes will be honored.
Remember: This information is educational only and not legal advice. Laws change, and your personal circumstances are unique. Please consult a licensed Pennsylvania attorney to review your completed documents.
Wishing you and your family peace of mind,
John A. Smith, Esq.
Pennsylvania Bar Member #987654
12+ years focusing on estate planning & elder law