WYOMISSING, PA (January 29, 2007) -- Effective January 29, 2007, Pennsylvania enacted a new Health Care Power of Attorney statute and modified its existing Living Will statute. These new laws substantially change the duties of agents appointed under Health Care Powers of Attorney and Living Wills. Unfortunately, there remain significant ambiguities in the language of the new statutes that will need to be clarified by the courts and the legislature.

One significant change in the Living Will statute involves the new presumption that feeding tubes and intravenous hydration will be given to people with end-stage medical conditions unless they have a written document specifically indicating they do not want such treatment. This change in the law seems to be aimed squarely at situations like the one faced by Terry Schiavo.

Importantly, Health Care Powers of Attorney and Living Wills that predate the new laws remain valid. Nonetheless, people should consider updating their existing Living Wills and Health Care Powers of Attorney to incorporate the provisions of the new statutes, or if they find the terms of the new laws objectionable, they should consider amending their old documents to specifically opt out of those provisions in the new laws that they find objectionable. Ironically, many of the provisions in the new laws can be overridden if it is clear that is what the person wants to do.

Media Contacts:

Mervin A. Heller, Jr., Esquire
Leisawitz Heller
(610) 372-3500