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Wills: Sites on the law of Wills http://en.wikipedia.org/wiki/Wil l_(law) Living will http://en.wikipedia.org/wiki/Liv ing_will Power of Attorney http://en.wikipedia.org/wiki/Po wer_of_attorney overview of wills, estates, health care directive: http://estate.findlaw.com/estat e-planning/wills/wills-overview. html Married couples and wills: http://family.findlaw.com/marri age/marriage-more/couples-o wnership.html types of wills: http://estate.findlaw.com/estat e-planning/wills/wills-types.htm l http://estate.findlaw.com/estat e-planning/wills/wills-legal.html Using a lawyer for a will: http://estate.findlaw.com/estat e-planning/wills/wills-attorney. html Living wills: http://estate.findlaw.com/estat e-planning/wills/estate-plannin g-living-wills.html More about living wills: http://estate.findlaw.com/estat e-planning/living-wills/ Power of attorney: http://estate.findlaw.com/estat e-planning/living-wills/hc_poa.h tml Heath care power of attorney http://estate.findlaw.com/estat e-planning/living-wills/estate-pl anning-healthcare-power-of-att orney.html Sample living will: http://estate.findlaw.com/estat e-planning/living-wills/le23_9_1 .html |
The following comes from: See http://members.aol.com/DKM1/20.Cp.54.html. Please use this information for educational purposes only. Nothing on this website is mean to serve as a substitute to getting experienced legal counsel for the drafing of a will or any other document: Power of Attorney: CHAPTER 56. POWERS OF ATTORNEY § 5601. General provisions. § 5601.1. Powers of attorney presumed durable. § 5601.2. Special rules for gifts. § 5602. Form of power of attorney. § 5603. Implementation of power of attorney. § 5604. Durable powers of attorney. § 5605. Power of attorney not revoked until notice. § 5606. Proof of continuance of powers of attorney by affidavit. § 5607. Corporate attorney-in-fact. § 5608. Liability. § 5609. Compensation and reimbursement for expenses. § 5610. Account. § 5611. Validity. § 5601. General provisions. (a) General rule.--In addition to all other powers that may be delegated to an agent, any or all of the powers referred to in section 5602(a) (relating to form of power of attorney) may lawfully be granted in writing to an agent and, unless the power of attorney expressly directs to the contrary, shall be construed in accordance with the provisions of this chapter. (b) Execution.--A power of attorney shall be signed and dated by the principal by signature or mark, or by another on behalf of and at the direction of the principal. If the power of attorney is executed by mark or by another individual, then it shall be witnessed by two individuals, each of whom is 18 years of age or older. A witness shall not be the individual who signed the power of attorney on behalf of and at the direction of the principal. (c) Notice.--All powers of attorney shall include the following notice in capital letters at the beginning of the power of attorney. The notice shall be signed by the principal. In the absence of a signed notice, upon a challenge to the authority of an agent to exercise a power under a power of attorney, the agent shall have the burden of demonstrating that the exercise of this authority is proper. CHAPTER 54. ADVANCE DIRECTIVE FOR HEALTH CARE § 5401. Short title of chapter. § 5402. Legislative findings and intent. § 5403. Definitions. § 5404. Declaration. § 5405. When declaration becomes operative. § 5406. Revocation. § 5407. Liability. § 5408. Duty of physician to confirm terminal condition. § 5409. Unwillingness to comply; transfer of declarant. § 5410. Effect on suicide and life insurance. § 5411. Declaration optional. § 5412. Preservation of existing rights. § 5413. Emergency medical services. § 5414. Pregnancy. § 5415. Penalties. § 5416. Severability. -------------------------------------------------------------------------------- § 5401. Short title of chapter. This chapter shall be known and may be cited as the Advance Directive for Health Care Act. § 5402. Legislative findings and intent. [to be inserted] § 5403. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Attending physicians." The physician who has primary responsibility for the treatment and care of the declarant. "Declarant." A person who makes a declaration in accordance with this chapter. "Declaration." A written document voluntarily executed by the declarant in accordance with this chapter. "Health care provider." A person who is licensed or certified by the laws of this Commonwealth to administer health care in the ordinary course of business or practice of a profession. The term includes personnel recognized under the act of July 3, 1985 (P.L. 164, No. 45), known as the Emergency Medical Services Act. "Incompetent." The lack of sufficient capacity for a person to make or communicate decisions concerning himself. "Life-sustaining treatment." Any medical procedure or intervention that, when administered to a qualified patient, will serve only to prolong the process of dying or to maintain the patient in a state of permanent unconsciousness. Life-sustaining treatment shall include nutrition and hydration administered by gastric tube or intravenously or any other artificial or invasive means if the declaration of the qualified patient so specifically provides. "Medical command physician." A licensed physician who is authorized to give medical command under the act of July 3, 1985 (P.L. 164, No. 45), known as the Emergency Medical Services Act. "Permanently unconscious." A medical condition that has been diagnosed in accordance with currently accepted "Person." An individual, corporation, partnership, association or Federal, State or local government or governmental agency. "Qualified patient." A person who has executed a declaration and who has been determined to be in a terminal condition or to be permanently unconscious. "Terminal condition." An incurable and irreversible medical condition in an advanced state caused by injury, disease or physical illness which will, in the opinion of the attending physician, to a reasonable degree of medical certainty, result in death regardless of the continued application of life-sustaining treatment. § 5404. Declaration. (a) Execution.-An individual of sound mind who is 18 years of age or older or who has graduated from high school or has married may execute at any time a declaration governing the initiation, continuation, withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant, or by another on behalf of and at the direction of the declarant, and must be witnessed by two individuals each of whom is 18 years of age or older. A witness shall not be the person who signed the declaration on behalf of and at the direction of the declarant. (b) Form.-A declaration may but need not be in the following form and may include other specific directions, including, but not limited to, designation of another person to make the treatment decision for the declarant if the declarant is incompetent and is determined to be in a terminal condition or to be permanently unconscious. CLICK HERE FOR FORM FOR SECTION 5404 DECLARATION. (c) Invalidity of specific direction.-Should any specific direction in the declaration be held to be invalid, the invalidity shall not offset other directions of the declaration which can be effected without the invalid direction. (d) Medical record.-A physician or other health care provider who is furnished a copy of the declaration shall make it a part of the declarant's medical record and, if unwilling to comply with the declaration, promptly so advise the declarant. § 5405. When declaration becomes operative. [to be inserted] § 5406. Revocation. (a) General rule.-A declaration may be revoked at any time and in any manner by the declarant without regard to the declarant's mental or physical condition. A revocation is effective upon communication to the attending physician or other health care provider by the declarant or a witness to the revocation. (b) Medical record.-The attending physician or other health care provider shall make the revocation a part of the declarant's medical record. § 5407. Liability. [to be inserted] § 5408. Duty of physician to confirm terminal condition. [to be inserted] § 5409. Unwillingness to comply; transfer of declarant. [to be inserted] § 5410. Effect on suicide and life insurance. [to be inserted] § 5411. Declaration optional. [to be inserted] § 5412. Preservation of existing rights. [The provisions of this chapter shall not impair or supersede any existing rights or responsibilities not addressed in this chapter. § 5413. Emergency medical services. [to be inserted] § 5414. Pregnancy. [to be inserted] § 5415. Penalties. Any person who willfully conceals, cancels, defaces, obliterates or damages the declaration of another without the consent of the declarant commits a felony of the third degree. Any person who falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of a revocation as provided in section 5406 (relating to revocation), with the intent to cause a withholding or withdrawal of life-sustaining treatment contrary to the wishes of the declarant and, because of such an act, directly causes life-sustaining treatment to be withheld or withdrawn and death to be hastened shall be subject to prosecution for criminal homicide as provided in 18 Pa.C.S. Ch. 25 (relating to criminal homicide). Any person who willfully, by undue influence, fraud or duress, causes a person to execute a declaration pursuant to this chapter commits a felony of the third degree. |
CHAPTER 25. WILL § 2501. Who may make a will. § 2502. Form and execution of a will. §§ 2503-2504. [Repealed]. § 2504.1.Validity of execution. § 2505. Revocation of a will. § 2506. Revival of revoked or invalid will. § 2507. Modification by circumstances. § § 2508-2513. [Repealed]. § 2514. Rules of Interpretation. § 2515. Devise or bequest to trust. § 2516. Devise in fee tail abolished. § 2517. Rule in Shelley's case and doctrine of worthier title. § 2518. Alienage. § 2519. Testamentary guardian. § 2520. [Repealed]. § 2521. Penalty clause for contest. § 2501. Who may make a will. Any person 18 or more years of age who is of sound mind may make a will. § 2502. Form and execution of a will. Every will shall be in writing and shall be signed by the testator at the end thereof, subject to the following rules and exceptions: Words following signature.-The presence of any writing after the signature to a will, whether written before or after its execution, shall not invalidate that which precedes the signature. Signature by mark.-If the testator is unable to sign his name for any reason, a will to which he makes his mark and to which his name is subscribed before or after he makes his mark shall be as valid as though he had signed his name thereto; Provided, That he makes his mark in the presence of two witnesses who sign their names to the will in his presence. Signature by another.-If the testator is unable to sign his name or to make his mark for any reason, a will to which his name is subscribed in his presence and by his express direction shall be as valid as though he had signed his name thereto: Provided, That he declares the instrument to be his will in the presence of two witnesses who sign their names to it in his presence. § 2504.1. Validity of execution. A will is validly executed if executed in compliance with section 2502 (relating to form and execution of a will), or in compliance with the law of the jurisdiction where the testator was domiciled at the time of the execution of the will or at the time of his death. § 2505. Revocation of a will. No will or codicil in writing, or any part thereof, can be revoked or altered otherwise than: Will or codicil. By some other will or codicil in writing; Other writing. By some other writing declaring the same, executed and proved in the manner required of wills; or Act to the document. By being burnt, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revocation, by the testator himself or by another person in his presence and by his express direction. If such act is done by any person other than the testator, the direction of the testator must be proved by the oaths or affirmations of two competent witnesses. The above can be found at: http://members.aol.com/DKM1/20.Cp. 25.html |
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Do You Need a Will? There is no substitute for having a will and/or living will or health care directive. Why let the state decide how your assests will be distributed? Even more importantly, why invite a court to guess at your intentions in the event you become incapacitated and important decisions need to be made? Is a Form Enough? In some instances, a form document with your signature will suffice, but why take the chance with your will, living will, or important power of attorney? You deserve more than a form and you should understand the meaning of each paragraph in your will, durable power of attorney, living will, or advance directive for heath care. We Can Help. For you, we will draft a legally binding document that is valid under Pennsylvania law, whether it be a will, living will, power of attorney, or other document. We are real, live lawyers, not a computer program or software that spits out a "will" or "living trust" after you input raw data. |
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