A NEW ERA OF HEALTH CARE DECISION-MAKING
FOR INCOMPETENT PATIENTS
 | Control over one's own health care decision-making and medical treatment choices is an important right that individuals want to protect. Individuals want to retain this control even if they should later become incompetent. |
| Prior to 2007 the health care decision-making rights of individuals who are incompetent were not fully protected in Pennsylvania, especially if no living will or health care power of attorney had been signed prior to the person becoming incompetent. However, with the passage of Act 169 of 2006, which is codified in Chapter 54 of the Pennsylvania Probate Estates and Fiduciaries Code, a new era began in Pennsylvania for ensuring that the rights of incompetent patients to make health care decisions and medical treatment choices will be effectively exercised, even if there is no advance directive or health care power of attorney in effect. |
| This Article will discuss in the sections below the changes that have been made in Pennsylvania law. |
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DEVELOPMENTS IN THE LAW OF HEALTH CARE DECISION-MAKING
SCOPE OF AUTHORITY OF HEALTH CARE AGENTS AND REPRESENTATIVES
PROCESS OF DECISION-MAKING BY HEALTH CARE AGENTS AND REPRESENTATIVES
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Copyright © 2012 Martin J. Hagan, One Gateway Center - 8 South; Pittsburgh, PA 15222-1435Last Updated: 02/07/12 |