Your Lawyers For Life

Do you need a living will?

On Behalf of | Jul 16, 2025 | Estate Planning

A will is a vital component of most Pennsylvania estate plans. Having a valid will lets you know that your assets will be distributed according to your wishes after you pass away.

In addition to your will, you may want to consider a living will. A living will, which is also known as an advance directive, is a document stating your wishes for medical treatment if you become incapacitated and unable to make decisions for yourself.

A living will allows you to state your preferences concerning life-sustaining treatment such as CPR, tube feeding or other treatments if you cannot communicate them yourself.

Appointing a healthcare agent

Part of creating a living will involves appointing a healthcare agent, sometimes called a medical power of attorney. This is an individual responsible for acting according to the terms of your living will. Your healthcare agent should be someone you trust and expect to be available well into the future.

A living will does not become active until you become incapacitated. For example, 10 years after drafting a living will a medical issue may cause you to slip into a coma. Once you are in a coma, your living will becomes active and your healthcare agent can make decisions for you based on the terms of your living will.

If you awaken from your coma, your living will goes back to being legally dormant and your healthcare agent no longer has the power to make decisions.

Requirements for a living will

You must be at least 18 years old and of a sound mind to create a living will. As with a regular will, your living will must be in writing and signed by you in the presence of two witnesses. Your witnesses must also be at least 18 years old and of sound mind.

Regular updates of your living will are recommended. Your wishes or circumstances may change. Having a medical emergency that requires major decisions to be made and having an outdated living will can be a nightmare for you and your family.