In the likely event you do not have a health care power of attorney, the Commonwealth of Pennsylvania has established a list of the people who can make medical and health care decisions on your behalf once you are unable to do so yourself. No, Pennsylvania has not identified specific individuals to make these often critical decisions but, instead, has listed criteria of people (called "health care representatives") who will be permitted to do so on your behalf when you lack the requisite capacity. In descending order of priority, the following can act as health care representatives:
1. A person chosen by you (either in a signed writing or as communicated to your physician) while you were of sound mind.
2. Your spouse (unless a divorce action is pending).
3. Your adult child.
4. Your parent.
5. Your adult brother or sister.
6. Your grandchild.
7. An adult who has knowledge of your preferences and values.
8. In the absence of a decision maker appointed by you while of sound mind, or a willing family member, the law permits the director of any nursing home, rehabilitation center or long term care facility of which your are a resident.
It's not hard to imagine a scenario in which an unmarried person with no children and no living siblings is left to rely upon the decision making processes of a nursing home administrator who may be a complete stranger. Don't let your medical decisions be made by a stranger who has no understanding of your health care wishes. Contact an attorney to prepare a health care power of attorney.
Jonathan Peterson is an attorney with Butera & Jones, P.C. in Wayne, Pennsylvania. Mr. Peterson's practice focuses on commercial and guardianship litigation. For more information, please contact Mr. Peterson at (610) 964-9770.
