Act 169 of 2006 was signed into law by Governor Rendell and became effective
on January 29, 2007.
The legislation is intended to give individuals information and tools to assist
them in making and communicating important health care decisions. Among
others things, Act 169:
- Totally and helpfully rewrites and updates
Pennsylvania’s Living Will
statute;
- Provides more expansive Health Care Power of Attorney provisions;
- Contains a set of rules to designate a statutory health care
representative in the event that an individual does not already have a
guardian or agent under a Health Care Power of Attorney or Living Will; and
- Reenacts the provisions for out-of-hospital DNR (do not resuscitate)
orders.
An extensive model form is set forth in Act 169, but its use is not
mandatory. The model form contains authorization language under the Health
Insurance Portability and Accountability Act (“HIPAA”) in order to promote the
sharing of critical medical information among interested parties. You may
or may not have a HIPAA authorization in your current documents.
The Trusts & Estates Practice Group at Eckert Seamans has updated its
Health Care Power of Attorney and Living Will forms for Act 169. One of
the most important things you can do for yourself and for your family is to have
these documents to appoint an agent for purposes of making health care decisions
when you are unable to “understand, make and communicate” these decisions for
yourself.
It is important to note that Act 169 does not revoke any Health Care Power of
Attorney or Living Will that you previously executed.
If you are interested in learning more about Act 169, please CLICK
HERE to read our Remarks on this new piece of legislation. These
Remarks discuss health care issues, set forth the prioritized list of family
members to serve as health care representative, and include important
definitions (e.g., end-stage medical condition (which replaces terminal
illness), permanently unconscious, life-sustaining treatment, etc.).
If you would like to create a Health Care Power of Attorney or Living Will or
wish to update your current documents, please contact your Eckert Seamans Cherin
& Mellott, LLC attorney or any of the following attorneys in the Trusts
& Estates Practice Group to discuss these or any other estate planning
matters.
