Legal Question in Family Law in Pennsylvania

Living will

can I make my own living will and would it be legal


Asked on 4/17/07, 1:59 pm

4 Answers from Attorneys

John Gibson John W. Gibson, Esquire

Re: Living will

To clarify my earlier answer, I overlooked that the question was about a "living" will. That does change my answer. It is unlikely that a self-drafted "living" will written without the help of an attorney would be valid. The relaxed requirements for a Last Will and Testament do not apply to "advanced directives" which is what a "living" will is. There are formal requirements for such advanced directives in Pennsylvania.

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Answered on 4/18/07, 12:35 pm
Glenn Brown Real World Law, P.C.

Re: Living will

Yes you can do your own.

Yes it is legal to do your own.

However to be effective it needs to be done correctly.

Is it worth paying an attorney to get it done correctly or are you confident you can draft it correctly??

Good luck to you.

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Answered on 4/17/07, 2:25 pm
John Gibson John W. Gibson, Esquire

Re: Living will

In Pennsylvania almost any writing expressing a Testamentary intent and signed qualifies as a valid Will.

However, it is worthwhile to hire an attorney to draft a Will, if for no other reason than to have it drafted as a "self-proved" Will which facilitates admission of the Will to probate.

Attorneys who regularly draft Wills do not charge much for them and you should consult a local attorney.

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Answered on 4/17/07, 2:32 pm
Glenn Brown Real World Law, P.C.

Re: Living will

Just for further clarification a living will is for an event when one is unconscious or mentally incapacitated and at the same time has a catastrophic medical condition.

It controls your resources while you are still alive.

It is separate from your "Last Will"

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Answered on 4/17/07, 7:03 pm


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