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New PA Law Changes Health Care Decision-Making
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1260 Bustleton Pike
Feasterville, PA 19053
215-396-1001
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"New PA Law Changes Health Care Decision-Making"
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By E. Garrett Gummer III - For In Your Prime
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Recently, Pennsylvania made sweeping changes to its laws regarding health care decision-making with the passage of Act 169. While this Act makes many changes to the health care decision-making process, the most significant change appears to be the appointment of a health care representative.
Before Act 169, when an individual was unable to make a health care decision for himself or herself due to incapacity, their physician would look to family members to make the decision. Unfortunately, there was no legal authority for the family to make these decisions. Now, under Act 169, when you have not appointed a health care agent under a written power of attorney to make your treatment decisions if you become incapacitated, you can appoint a health care representative by simply notifying your physician of your choice, either in writing or verbally.
If you are unable to inform your physician of your choice to serve as health care representative, the Act provides a priority of persons permitted to serve:
- Spouse, unless a divorce action is pending, and your adult children who are not children of your spouse;
- An adult child;
- A parent;
- An adult brother or sister;
- An adult grandchild;
- An adult who has knowledge of your preferences and values.
There can be more than one member of a class of persons who are eligible to serve as your health care representative. If there is disagreement between the members of the class, your physician can rely on the decision of the majority of the class. If there is no majority, no decision regarding treatment can be made until the class is able to come to an agreement. Notwithstanding disagreement among the class, your physician is required to administer health care treatment in accordance with accepted standards of medical practice.
Once appointed, your health care representative can only make health care decisions for you if you meet the following criteria:
- Your physician has determined that you are incompetent;
- You are at least 18 years of age, have graduated from high school, have married or you are an emancipated minor;
- You have not appointed a health care agent under a power of attorney, or your health care agent is not reasonably available;
- A guardian of the person to make health care decisions has not been appointed for you.
Your health care representative can make all treatment decisions regarding your health care the same as if you had appointed a health care agent under a power of attorney. The health care representative, however, may not decline health care necessary to preserve your life unless you are suffering from an end stage medical condition or you are permanently unconscious.
While it is strongly recommended that you plan for any future incapacity by appointing a health care agent in your power of attorney, if you fail to do so, Pennsylvania now has in place legal authority for a member of your family or other qualified adult to serve as your health care representative to make health care decisions for you.
For additional information regarding Act 169 or other legal issues affecting seniors, contact Mr. Gummer at 1260 Bustleton Pike, Feasterville, PA 19053, 215-396-1001.
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