The Short Answer

In Pennsylvania, you can set up a medical power of attorney (called a health care power of attorney) by signing a written document that names a trusted health care agent and meets Pennsylvania’s execution rules—most importantly, it must be signed and witnessed by two adults. Having this in place before surgery helps ensure someone you choose can make medical decisions if you cannot communicate.

What Pennsylvania Law Says

Pennsylvania law allows an adult (and certain minors) to appoint a health care agent to make health care decisions on the principal’s behalf. The document must identify you (the principal), name your agent, and clearly state that you authorize that agent to make health care decisions. Pennsylvania also sets specific signing and witness requirements that must be followed for the document to be valid.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 5452.

This statute establishes that a Pennsylvania health care power of attorney must be dated and signed by (or at the direction of) the principal and witnessed by two individuals who are each at least 18 years old, with additional restrictions on who may sign or witness in certain situations.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple—especially when you’re trying to get this done quickly before surgery. Legal outcomes often depend on:

• Strict Formalities: If the document is not properly executed (for example, witness issues), hospitals or family members may challenge it or refuse to rely on it.
• Burden of Proof: If capacity is questioned later (a common issue around major medical events), your agent may need to show the document was validly signed and reflects your intent.
• Scope and Limitations: The wording matters—whether your agent can act immediately or only upon incapacity, and whether you want limits on life-sustaining treatment, tube feeding, or other decisions (options discussed in 20 Pa.C.S. § 5453).

Trying to handle this alone can lead to delays at the hospital, family conflict, or a document that doesn’t work when it’s needed most. An attorney can tailor the language to your goals and make sure the execution requirements are satisfied so your directive is more likely to be honored.

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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.