The Short Answer

If you are in Pennsylvania, you can create a valid “living will” (health care treatment instructions) by putting your wishes in writing and properly signing and dating the document with the required witnesses. Pennsylvania law is very specific about execution formalities, and mistakes can cause confusion or make the document harder to honor in a medical crisis.

What Pennsylvania Law Says

In Pennsylvania, a “living will” is a written statement of your wishes about the initiation, continuation, withholding, or withdrawal of life-sustaining treatment if you later cannot make or communicate health care decisions. The key legal issue is not just what you write, but whether the document was executed in a way Pennsylvania recognizes.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 5442.

This statute establishes that a Pennsylvania living will must be dated and signed (by you, by your mark, or by someone signing at your direction if you cannot sign) and it must be witnessed by two adults (18+), with additional restrictions on who may sign and witness in certain situations.

Pennsylvania also allows flexibility in format: a living will can be in “any written form” that clearly expresses your wishes, and it may be combined with naming a health care agent (health care power of attorney) in the same document. See 20 Pa.C.S. § 5447.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Formalities: Pennsylvania requires a dated signature and two qualified witnesses, and certain people may be disqualified from signing on your behalf or serving as witnesses under 20 Pa.C.S. § 5442.
• Clarity of Instructions: Vague language can lead to disputes among family members or uncertainty for providers about whether your instructions apply in the medical situation at hand.
• Coordination with Other Documents: Many people need a coordinated plan (living will + health care power of attorney + estate plan). A mismatch can create delays or trigger court involvement when time matters most.

Trying to handle this alone can lead to execution errors or a document that is challenged, ignored, or difficult to implement when your family needs it most.

If your broader goal is planning for incapacity and end-of-life decision-making (not just probate), it can also help to understand how your estate plan fits together. You may find this related reading useful: Do Revocable Living Trusts Help Avoid Probate More Than a Simple Will in Pennsylvania?

Get Connected with a Pennsylvania Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.