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Advance directives & healthcare POA

Advance directives and healthcare powers of attorney, done with care.

Online or mobile 1 act per principal; witnesses may be required by the form.

Advance directives are often signed in the hardest week of a family's year. I keep these visits calm: I confirm the signer understands and wants to sign, the witnesses watch, and we're done. Pennsylvania doesn't strictly require a notary on a living will or healthcare POA, but hospitals, insurers and out-of-state providers treat a notarized one with far less friction.

Hospital and facility visits are common. Mornings work best, before medication rounds; staff can't usually serve as witnesses, so bring two adults who aren't the healthcare agent.

What it is

An advance directive is the umbrella for two documents: a living will (your instructions about life-sustaining treatment) and a healthcare power of attorney (who decides for you if you can't). Pennsylvania combines them in a single statutory form, which many hospitals and attorneys use.

Who signs, and who has to be there

The person making the directive (the principal or declarant) signs, or directs another to sign in their presence. Pennsylvania requires two adult witnesses. The healthcare agent should not be a witness, and in a facility, staff are often barred by policy. A notary acknowledgment is optional under state law but routinely requested.

The notarial act

An acknowledgment of the principal's signature, one act. If the form includes a separate sworn affidavit of the witnesses, that's an additional jurat. I can't tell you whether this is the right document for your situation or what it does legally; that's for an attorney. I can tell you what the law requires for the notarization itself.

Online or in person?

Yes. The principal and both witnesses can join the video session from different places, each with ID. Hospitals accept electronically notarized directives, and the PDF is easy to share with a care team. For a bedside signing, mobile is simpler.

Pennsylvania notes

  • Pennsylvania's Health Care Decisions law (20 Pa.C.S. Chapter 54) governs living wills and healthcare powers of attorney; both require two adult witnesses, and notarization is optional but widely requested.
  • If the signer cannot physically sign, another adult may sign at their direction and in their presence; that person can't also be a witness.
  • I must be satisfied the signer understands the document and is signing voluntarily. If a signer is heavily medicated or can't explain what the document is, I'll decline without charging the notarial fee.
  • A financial power of attorney is a different document with different rules; see the power of attorney guide.

Common mistakes

  • Using the healthcare agent as a witness.
  • Signing before the appointment.
  • Leaving the agent's contact details blank, which makes the document useless at 2 AM.
  • Booking an afternoon slot for someone who is only clear in the morning.
  • Not giving copies to the agent and the primary care doctor afterward.

A notary public is not an attorney and cannot give legal advice, choose your certificate, or complete the document for you. This guide is preparation, not advice; your attorney or the recipient decides what the document must contain.

Questions

Advance directives & healthcare POA: FAQ

Is a notary required?
Not by Pennsylvania statute, but most hospitals, long-term care facilities and insurers prefer a notarized directive, and other states may require it. Notarizing removes the argument.
Can hospital staff witness?
Policy varies; many hospitals prohibit employees from witnessing. Bring two adults who are not the agent to be safe.
Can you come to the ICU?
Usually, with the family's coordination and the nurse's okay. I'll follow unit rules and keep the visit short.
What does it cost at a hospital?
$5 per act plus the travel fee ($45 in Philadelphia, $65 in the suburbs), plus $25 if it's after 7 PM or a weekend.

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