What is an Advance Health Care Directive?
Chapter 5400 of Title 20 of Pennsylvania laws deals with Advance Healthcare Directives and has it’s own set of laws. It is different from Chapter 5600 that deals with Financial Power of Attorney Documents, and 23 Pa.C.S.A. § 5601 et seq. dealing with Standby Guardianships for minor children. Each has it’s own forms and laws.
You have been appointed agent under your neighbor's Advance Medical Directive. Do you bear any responsibility for your neighbor's medical expenses if you request a medical procedure?
As agent,, you are not responsible for the debts of the "principal." However, it is important that you make it clear that you are signing as agent. For Example, "John Doe, Agent under Adv. Med. Dir. dated 6/4/13"
A medical team is obliged to perform a pregnancy test on every female patient who has an end-stage medical condition or who is permanently unconscious?
Section 5429 of the Act only requires that a pregnancy test be performed if there is a reason to believe that a female patient is pregnant. Otherwise no test is necessary.
An individual designated by an Advance Healthcare Directive to make medical decisions, is know as:
Section 5422 of the Act provides definitions and makes a distinction between those who act for a patient under the terms of a document, and those who are statutorily appointed when there is no document.
Are witnesses required to make a Health Care Directive legal?
Sections. 5442 and 5452 of the Act require two witnesses, each of whom is 18 years of age or older.
Because she broke her arm, Jane is not able to sign an Advance Healthcare Directive during her hospital stay. Which of the following is permitted to sign her Advance Health Care Directive at her direction and control?
Sections 5442 and 5452 of the Act prohibit a health care provider or agent from signing a document on behalf of a principal.
Which of the following is least likely to be able to make an Advance Health Care Directive?
As per Section 4242 and 5452. The statute does not define "sound mind" however.
All of the following are prohibited from serving as a health care agent of a principal, unless related by blood, marriage or adoption, EXCEPT.
Pursuant to Section 5455 (b)
An agent under an Advance Healthcare Directive is accountable to all of the following, EXCEPT:
Pursuan to section 5460 of the act.
An agent under An Advance Healthcare Directive may incur expenses. To the extent they are not covered by insurance, the agent is permitted to recover expenses from all of the following EXCEPT:
Pursuant to section 5460(c) of the Act. You may not want to accept an appointment as an Agent under an Advance Health Care Directive unless you are certain a Financial Power of Attorney is also in place to cover expenses such as insurance co-pays or deductibles, dental, transportation,parking, or other costs not covered by insurance.
An individual has not signed an Advance Medical Directive, and is not able to communicate. Decisions about that principal's care are made:
Pursuant to Section 5461(d) of the Act, a hierarchy is established. The drafters of the law denoted the specific individuals who have authority to act, in order of priority.
An attending physician or health care provider who is given an Advance Healthcare Directive, is required by law to place a copy of the document in the medical records of the principal.
Pursuant to Section 5462 (d)(1), once an Advance Directive for Healthcare is received, it must be placed in the patient's medical records.
Do you now have, or are you planning to draft, an Advance Health Care Directive?
Please select 2 correct answers
If you, or a friend would like to prepare their own Advance Health Care Directive, take our course found here: https://lifespanlegal.teachable.com/p/pennsylvania-advance-medical-directives
Pennsylvania has a statutory Advance Health Care form. What are the components of that form?
Pennsylvania’s Laws cover Living Wills in Subchapter B and Health Care Powers of Attorney in Subchapter C of Chapter 54, Title 20. Pennsylvania does provide for Mental Health Powers of Attorney, but in a separate chapter of the Code.
Which is better? A POLST, An Advance Health Care Directive, or Guardianship?
An Advance Health Care Directive is better because it is more flexible and covers more situations. an Advance Healthcare Directive usually also allows the agent to arrange transfer of a principal to a better provider, to get better health insurance for the principal, examine the principle’s medical records, etc. A good agent will be certain all health care providers are aware of the document.
I heard about a man who had “DNR” tattooed on his chest but that was still ignored by EMT's. Does Pennsylvania have DNR orders?
Sections 5481 through 5488 of Title 20 of the Pennsylvania laws provide for DNR Orders, bracelets or necklaces. It also explains how to obtain these items.
Robert lived in Nevada, and while there he drafted an Advance Health Care Directive. He now moved to Pennsylvania to be closer to his children. Is his Nevada Advance Healthcare directive still valid?
Sections 5446 and 5464 of Pennsylvania’s laws state that a form from another state is acceptable so long as it was executed in conformity with another state’s laws and not inconsistent with PA law. However, an opinion of counsel may be needed to determine if it was inconformity with the other state's laws; it may be easier to simply draft a PA document.
Harold is an agent under is brother’s Advance Health Care Directive. There are co-pays due on some medical procedures and he pays them. From which of the following is he LEAST LIKELY to recover his expenses
Section 5460 (c) of the law specifically states that reimbursement may come from a guardian of the estate or an agent under a financial POA. It may be a good idea for an agent to be sure the principal has a financial POA or guardian before he agrees to serve, otherwise he may be stuck with expenses.
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