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When living will operative - 20 Pa. Cons. Stat. § 5443Legal Research Home > Pennsylvania Statutes
§ 5443. When living will operative.
(a) When operative.--A living will becomes operative when:
(1) a copy is provided to the attending physician; and
(2) the principal is determined by the attending
physician to be incompetent and to have an end-stage medical
condition or to be permanently unconscious.
(b) Compliance.--When a living will becomes operative, the
attending physician and other health care providers shall act in
accordance with its provisions or comply with the transfer
provisions of section 5424 (relating to compliance).
(c) Invalidity of specific direction.--If a specific
direction in a living will is held to be invalid, the invalidity
does not negate other directions in the living will that can be
effected without the invalid direction.
(d) Medical record.--Any health care provider to whom a copy
of a living will is furnished shall make it a part of the
medical record of the principal and, if unwilling to comply with
the living will, promptly so advise the principal or the
principal's health care agent or representative.
(e) Duration.--Unless a living will states a time of
termination, it is valid until revoked by the principal,
notwithstanding the lapse of time since its execution.
(f) Absence of living will.--If an individual does not make
a living will, a presumption does not arise regarding the intent
of the individual to consent to or to refuse the initiation,
continuation, withholding or withdrawal of life-sustaining
treatment.
(g) Duty of physician to certify end-stage medical
condition.--Promptly after a determination that the principal
has an end-stage medical condition or is permanently
unconscious, the attending physician shall certify in writing
that the principal has an end-stage medical condition or is
permanently unconscious.
Cross References. Section 5443 is referred to in section
5445 of this title.
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Last modified: November 27, 2007 |
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