Legal Question in Wills and Trusts in Pennsylvania

I live in PA. Is there a way to create a legal document stating that if I am unable to speak for myself concerning my medical treatment, and my husband does not follow my wishes, I can appoint someone to trump his decisions and follow mine.


Asked on 6/27/18, 3:20 pm

1 Answer from Attorneys

Miriam Jacobson Law Offices of Miriam N. Jacobson

The documents you are thinking of are known as advanced medical directives, which describes the medical treatments you would or would not want, and appointment of medical proxy or health care power of attorney, which appoints the person to carry out the desires that you have stated in the directives in the event that you are not able to speak for yourself . It is advisable to appoint one or two back up agents, in case the first person is not available to act.

You should only appoint people who share your values and are willing to act in accordance with the wishes you have stated in the advance directives. If you do not feel that your husband would be that person, it is OK to appoint someone else. It is not uncommon that some family members would not be the appropriate people to appoint for this important function.

It is also very important to discuss these documents And your wishes with the people you intend to appoint in advance because you must find out if you are on the same page with them. Only appoint people whom you can fully trust to carry out your wishes.

The question that you ask, if you could remove your husband if he did not follow your wishes, cannot be answered because by your own question, you say that you would not be able to speak for yourself. That is the reason you have created these documents. And that is the reason you must choose people to speak for you in whom you have confidence that they will follow your wishes.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Miriam Jacobson

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Answered on 6/27/18, 4:41 pm


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