Health Care Power

In re DLH, a 2010 3rd Circuit case, the Court determined that a guardian cannot refuse life-sustaining treatment on behalf of a 50 year old life long incompetent who suffered aspiration pneumonia and required the ventilator to breathe. Pennsylvania Probate Estates Fiduciary Code mandates medical care where an incompetent patient is not in an end-stage medical condition or a permanent vegetative state. It is doubtful that anyone would wish to have their choice of medical treatment decided by the law. If you do not have a health care power of attorney, we urge you to consult an attorney today.