Living Will Lawyers & Attorneys in Pennsylvania

A living will is a written advance directive under 20 Pa.C.S. Chapter 54 that tells doctors which end-of-life treatments you accept or refuse if you cannot speak for yourself. A living will lawyer drafts the document to meet Pennsylvania’s signing requirements, tailors it to your medical wishes, and coordinates it with your health care power of attorney and estate plan.

The Law Offices of Michael Kuldiner, P.C. prepares living wills and complete advance directives for clients across Bucks County, Montgomery County, and Philadelphia from four offices: Feasterville, Doylestown, Norristown, and Philadelphia. Call (215) 942-2100 to schedule a consultation.

What a Living Will Covers in Pennsylvania

Pennsylvania’s advance health care directive law, 20 Pa.C.S. Chapter 54, governs living wills. Under 20 Pa.C.S. § 5443, your living will becomes operative only when a copy is given to your attending physician and that physician determines you are incompetent and either have an end-stage medical condition or are permanently unconscious. Until then, you make your own medical decisions.

A properly drafted Pennsylvania living will typically addresses:

  • Cardiopulmonary resuscitation (CPR)
  • Mechanical ventilation and breathing support
  • Tube feeding and artificial nutrition and hydration
  • Dialysis, antibiotics, and other life-prolonging interventions
  • Palliative and comfort care preferences, including pain management
  • Organ and tissue donation wishes

Execution rules come from 20 Pa.C.S. § 5442: the document must be dated and signed by you (or, if you are unable to sign, by someone you specifically direct to sign for you) and witnessed by two individuals who are at least 18 years old. A person who signs on your behalf cannot also serve as a witness. Pennsylvania publishes a statutory example form at 20 Pa.C.S. § 5471, but the form is generic. Our attorneys tailor the language to your medical history, family situation, and religious or moral convictions, and most clients pair the living will with a health care agent designation in a single combined advance health care directive. Learn more about that pairing on our power of attorney and healthcare directives page.

Living Will vs. Living Trust vs. Last Will and Testament

These three documents are often confused because the names sound alike, but they do completely different jobs:

  • Living will: a health care document. It speaks for you during your lifetime if you cannot communicate, and it has no effect on your property.
  • Last will and testament: a property document. It directs who inherits your assets after death and names an executor. See our wills preparation and contest services.
  • Living trust: a property management document. It holds assets during your lifetime and can pass them outside probate. Our living trust lawyers explain when a trust makes sense.

Most Pennsylvania clients need all three, coordinated so they do not conflict. That coordination is the core of our estate planning and administration practice.

What Happens Without a Living Will in Pennsylvania

If you become incompetent without a living will or health care agent, Pennsylvania does not leave the decision to whoever happens to be at the hospital. Under 20 Pa.C.S. § 5461, a “health care representative” is selected for you in this statutory order of priority:

  • Your spouse (unless a divorce action is pending), together with your adult children who are not children of that spouse
  • An adult child
  • A parent
  • An adult brother or sister
  • An adult grandchild
  • An adult who knows your preferences and values, including your religious and moral beliefs

The person the statute picks may not be the person you would pick, and when relatives in the same class disagree, treatment decisions can stall or end up in guardianship proceedings before the Orphans’ Court. A short, properly witnessed living will avoids that entire scenario and spares your family from having to guess at your wishes during a crisis.

How Our Living Will Attorneys Prepare Your Advance Directive

Founding attorney Michael Kuldiner and Loretta Golding, whose practice includes estate planning and civil litigation, handle advance directive matters at the firm. The process is straightforward:

  • A consultation to review your health priorities, family dynamics, and any existing estate documents
  • Drafting a living will tailored to your wishes, usually combined with a health care power of attorney naming your chosen agent
  • A supervised signing with two qualified adult witnesses so the document satisfies 20 Pa.C.S. § 5442 the first time
  • Guidance on distributing copies to your physician, agent, and family, and on registering the document with your hospital
  • Periodic review after major life events such as marriage, divorce, or a new diagnosis

If you are searching for a living will attorney near me anywhere in the greater Philadelphia region, one of our four offices is close by: Feasterville and Doylestown in Bucks County, Norristown in Montgomery County, and our Philadelphia office. We regularly prepare advance directives for clients in Bensalem, Levittown, Langhorne, Newtown, Warminster, and Warrington in Bucks County; Abington, Willow Grove, Lansdale, Blue Bell, and King of Prussia in Montgomery County; and throughout Northeast Philadelphia and Center City.

How Much Does a Living Will Cost in Pennsylvania?

Across the Pennsylvania market, an attorney-drafted living will or combined advance health care directive typically runs a few hundred dollars, with published estimates commonly in the $300 to $600 range as a standalone document. Many clients instead bundle the living will with a last will and a financial power of attorney in an estate planning package, which Pennsylvania firms frequently price between roughly $1,000 and $3,000 depending on complexity. Our firm offers flat-fee and hourly options for advance directive work; call (215) 942-2100 for a quote based on your situation.

How to Get Started

Preparing a living will usually takes one short meeting and a signing appointment. Gather the names of the people you would trust to speak for you, think through your feelings about life-prolonging treatment, and bring any existing estate documents. Then call (215) 942-2100 or reach us through our contact page to schedule a consultation at the office nearest you.

Frequently Asked Questions

What is the difference between a living will and a power of attorney?

A living will states your own treatment instructions for end-of-life care. A health care power of attorney appoints an agent to make medical decisions you did not anticipate. A financial power of attorney covers money and property, not medical care. Most Pennsylvania advance directives combine a living will with a health care power of attorney in one document.

Does a living will need to be notarized in Pennsylvania?

No. Under 20 Pa.C.S. § 5442, a Pennsylvania living will requires your signature and two witnesses who are at least 18 years old; notarization is not required. Many attorneys still add a notary acknowledgment because hospitals in other states may expect one, which makes the document more portable.

How much does a living will cost in PA?

Published Pennsylvania market estimates for an attorney-drafted living will or advance directive generally fall between $300 and $600 as a standalone document, and the cost often drops when it is bundled into a full estate planning package. Our firm offers flat-fee and hourly options; call for a quote.

When does a living will take effect in Pennsylvania?

Under 20 Pa.C.S. § 5443, a living will becomes operative only after a copy is provided to your attending physician and the physician determines that you are incompetent and that you have an end-stage medical condition or are permanently unconscious. While you can communicate, your own decisions always control.

Can I change or revoke my living will?

Yes. Pennsylvania law allows you to revoke a living will at any time and in any manner, regardless of your mental or physical capacity, by communicating the revocation to your attending physician or health care provider. To replace one, sign a new directive and destroy or clearly supersede the old copies.

Is a living will from another state valid in Pennsylvania?

Pennsylvania providers generally honor an advance directive that was validly executed under another state’s law. That said, out-of-state forms often use different triggering language, so if you have moved to Bucks, Montgomery, or Philadelphia County, having a Pennsylvania attorney review and re-execute the document is inexpensive insurance.

Do I need both a living will and a health care power of attorney?

In most cases, yes. The living will covers the specific end-of-life situations described in the statute, while the health care power of attorney lets your agent handle everything else, such as consenting to surgery or choosing a rehabilitation facility. Pennsylvania law allows both in a single combined advance health care directive.

Attorney advertising. This page provides general information about Pennsylvania law and is not legal advice. Every situation is different. Consult a licensed Pennsylvania attorney about your specific circumstances.