Pennsylvania treats medical decision documents differently from financial ones, and the difference surprises people. A financial power of attorney must be notarized. A living will does not have to be — but its witness rules are considerably stricter.
Two documents, one purpose
What people call “an advance directive” is usually two things, often printed together.
| Document | What it does | When it operates |
|---|---|---|
| Living will | States your wishes about life-sustaining treatment | When you cannot communicate and the conditions are met |
| Health care power of attorney | Names someone to make medical decisions for you | Whenever you are unable to decide for yourself |
They complement each other. A living will sets out your wishes; a health care agent applies judgement to circumstances the document never anticipated. Most people benefit from having both.
What Pennsylvania requires
Your signature, and two witnesses, each at least 18 years old, who witness your signature in each other’s presence.
Notarization is not required for validity. This is the opposite of the position for a financial power of attorney, which Pennsylvania requires to be both witnessed and notarized — set out in getting a power of attorney notarized.
Who cannot witness
The disqualification list is longer than for most documents, and it eliminates almost everyone in the room.
| Person | Can they witness? |
|---|---|
| The health care agent named in the document | No |
| A relative by blood, marriage or adoption | No |
| An heir or beneficiary of your estate | No |
| Anyone who would benefit financially from your death | No |
| Your attending physician | No |
| An employee of your physician or the healthcare facility | No |
| A person who signed the document on your behalf | No |
| An unrelated neighbour or friend with no interest | Yes |
| A colleague, adult, not named anywhere in the document | Yes |
Read that list against a typical signing. Your spouse is a relative and probably an heir, your children are relatives and heirs, and your chosen agent is barred outright.
If you are completing the document in hospital, the staff around you are barred too.
Which is why so many advance directives are technically defective: they were signed by the people who cared most, all of whom were disqualified.
Why notarize it anyway
Pennsylvania does not require it. Three practical reasons make it worth doing regardless.
Other states may require it. If you are taken ill while travelling, the facility treating you applies its own expectations. A notarized directive travels considerably better than one that is not.
Some facilities ask for it. Not because the law demands it, but because it is a simple check they can apply consistently.
It makes the document harder to challenge. A notarized signature establishes that a verified person signed on a recorded date — useful if a family member later disputes it.
The cost is trivial: $5 for the first individual under Pennsylvania’s capped schedule, set out in what a notary is allowed to charge. Against a document intended to work at the worst moment of your life, it is a sensible five dollars.
Choosing an agent
The witness rules get the attention, but the agent is the more consequential decision. This is the person who will be asked, in a corridor, to make a decision you cannot make.
The useful qualities are not the obvious ones. Availability matters more than closeness — an agent two hours away who answers the phone beats a devoted relative in another country. Composure matters more than affection. And the willingness to follow your stated wishes matters more than agreement with them.
Name a successor as well. Agents fall ill, travel, and occasionally predecease the person who appointed them, and a directive with no available agent leaves the decision where it started.
Then have the conversation. A document nobody has discussed asks your agent to guess under pressure, which is precisely what it was meant to prevent.
What the notary can and cannot help with
A notary can verify identity, witness the signature and complete the notarial certificate. A notary cannot tell you what treatment options to choose, explain what a clause means, advise who should be your agent, or draft the document.
Those are legal and medical questions. Many hospital systems provide free advance directive forms and staff who can walk you through the choices, and an elder law attorney can handle anything complicated. The boundary is the same one described in notary public versus notario público.
Bringing it in
- The completed document, with every section filled in, unsigned
- Two qualifying witnesses, each with photo identification, neither of them a relative, heir, or the named agent
- Your own current government photo identification
- Your agent’s details, as they appear in the document
If you cannot travel, a mobile notary can attend — but the witnesses have to be there too, and finding two qualifying ones at a hospital bedside is the hard part. Our comparison of mobile, online and in-office notarization covers the options.
After it is signed
A directive nobody can produce does nothing at all. Distribute it.
- Give a copy to your health care agent, and make sure they have read it.
- Give a copy to your physician for your medical record.
- Lodge a copy with the hospital system you would most likely use.
- Keep the original somewhere accessible — not a safe deposit box.
- Tell your family it exists and where it is.
- Review it after any significant change in health or circumstances.
We notarize advance directives regularly at our Bethlehem notary office. Call ahead so we can confirm your witnesses qualify before everyone makes the trip. The Department of Aging publishes a summary of the legal requirements for powers of attorney and advance directives.
Frequently asked questions
Does a living will need to be notarized in Pennsylvania?
No. Notarization is not required for a Pennsylvania living will to be valid — two qualifying witnesses are. Notarizing it anyway is common and sensible, because some healthcare facilities and other states expect it.
How many witnesses does a Pennsylvania advance directive need?
Two, each at least 18 years old, and they should witness your signature in each other’s presence.
Who cannot witness a Pennsylvania living will?
The healthcare agent named in the document; a relative by blood, marriage or adoption; an heir or beneficiary of your estate; anyone who would benefit financially from your death; your attending physician or an employee of your physician or the healthcare facility; and anyone who signed the document on your behalf.
Is this the same as a power of attorney?
No. A financial power of attorney covers money and property and Pennsylvania requires it to be notarized as well as witnessed. A living will and health care power of attorney cover medical decisions and do not require notarization, though the witness rules are stricter.
Can my spouse witness it?
Generally no. A relative by blood, marriage or adoption is disqualified, and a spouse is also usually an heir. Use two unrelated adults who do not stand to benefit.
What should I do with it once it is signed?
Give copies to your healthcare agent, your physician, and the hospital system you use, and keep the original somewhere accessible. A directive locked in a safe deposit box is of no use in an emergency.
Sorting an advance directive?
Call first and we will check your witnesses qualify — the disqualification list catches out most families. Two unrelated adults, photo ID, unsigned document. Hablamos Español.