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Emergency Preparedness: Medical Powers and Health Directives

Posted by Scott Lynett, Esq. | Jun 20, 2025 | 0 Comments

Imagine being thrust into a bitter legal battle over a loved one's medical care, not because of disagreement over values, but simply because their wishes were never put in writing. That was the heartbreaking reality in the nationally publicized case of Terri Schiavo. After Terri suffered cardiac arrest in 1990 and fell into a persistent vegetative state, her husband and her parents engaged in a prolonged and painful dispute over whether to continue life-sustaining treatment. With no medical directive in place, courts had to step in, and the family's private pain became a public spectacle. The Schiavo case serves as a powerful reminder of why every adult should have clear, written instructions—such as a living will and a health care power of attorney—to guide loved ones and medical professionals in times of crisis.

In Pennsylvania, two essential tools to ensure you're protected in a medical emergency are:


1. Health Care Power of Attorney

A Health Care Power of Attorney (HCPOA) allows you to name someone you trust to make medical decisions on your behalf if you become incapacitated.

Why it's critical:

  • Without it, your family may need to go to court to get permission to act.
  • Doctors may hesitate or be unable to take direction from your spouse, adult child, or partner without formal authority.
  • It lets you choose someone who understands your values and wishes—not just the closest relative.

In Pennsylvania, your health care agent can make decisions about:

  • Treatments and procedures
  • Surgery, medications, or life-sustaining care
  • Long-term care placement
  • End-of-life care (in conjunction with your health care directive)

2. Living Will (Advance Health Care Directive)

A Living Will (also called an Advance Health Care Directive in Pennsylvania) allows you to document your wishes regarding end-of-life medical treatment in the event you're unable to express them yourself.

What it can cover:

  • Whether you want life support or feeding tubes if you're in a permanent vegetative state or have a terminal condition.
  • Whether you want pain relief even if it may hasten death.
  • Any religious, cultural, or personal preferences around treatment and care.

This document takes the pressure off your family during emotional moments—they won't have to guess what you'd want.


3. HIPAA Authorization

Don't forget the HIPAA Authorization, which gives your health care agent and trusted individuals legal access to your medical records. Without it, they may be denied access—even if they're your spouse or child.


Not Just for Seniors: College Students Need These Too

One often-overlooked group that can benefit from these documents? Young adults heading off to college. Once your child turns 18, you no longer have automatic access to their medical information or the right to make decisions in an emergency. At my firm, we frequently prepare Health Care Powers of Attorney, Living Wills, and HIPAA Authorizations for families with college-bound children to ensure parents can step in and assist if a medical situation arises away from home.

It's one of the most loving and practical gifts a parent can give their child during this big transition.


Emergencies Happen—Be Ready Before They Do

I've worked with many families across Pennsylvania who were caught off guard when a loved one became incapacitated. Without proper documents in place, they faced:

  • Delays in care
  • Costly court proceedings
  • Conflict between family members
  • Emotional stress during already difficult moments

By setting up a Health Care Power of Attorney and Living Will before a crisis, you empower your loved ones to act confidently and compassionately on your behalf—and ensure that your voice is heard when it matters most.


Let's Put Your Plan in Place

Medical emergencies are unpredictable—but your response to them doesn't have to be. As a Pennsylvania estate planning attorney, I can help you create a legally sound and personalized plan that protects your rights and relieves the burden on your family.

I invite you to use the link below to schedule your free consultation today. Let's make sure your emergency plan is ready—in case it is ever needed.

https://thelawofficeofscottlynett.cliogrow.com/book/fd5f91f5a23f0a238a1b08d104b030cb

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