10/23/2026
YOUR HEALTHCARE WISHES SHOULDN’T BE OVERRIDDEN BY A LATER-DATED DOCUMENT YOU NEVER APPROVED.
Who should have the final say over your healthcare decisions? You—-of course! But certain lawmakers in Harrisburg want to pass legislation that may infringe upon that right.
I recently spoke in committee against legislation establishing a framework for Pennsylvania Orders for Life-Sustaining Treatment (POLST). Although this bill may be well-intentioned, I have serious concerns about language that could undermine an individual’s carefully documented healthcare wishes.
Consider this scenario….
While you are mentally competent, you prepare a detailed advance healthcare directive. You carefully spell out the medical treatments you would or would not want if you were ever unable to make or communicate those decisions yourself. You may also designate a trusted healthcare agent to make decisions on your behalf, knowing that person understands your values, beliefs, and wishes.
You have taken deliberate steps to protect your right to make your own medical decisions, even if you become unable to speak for yourself in the future.
But what happens if a subsequent POLST conflicts with the instructions you put in writing while you were mentally competent?
Section 5498.14 of the House-amended version of Senate Bill 730 provides that when a POLST conflicts with an advance healthcare directive, the provision of the instrument latest in date of ex*****on shall prevail to the extent of the conflict.
In other words, when the two documents conflict, the later-executed document controls.
Think about the implications of that language. You could have carefully considered your wishes, documented them in an advance healthcare directive, and designated someone you trust to speak for you. Yet a later-dated document could take precedence over the instructions you previously established.
This raises a fundamental question: Are lawmakers infringing upon the right of the individual, while mentally competent, to determine their own healthcare decisions?
I believe this issue deserves serious scrutiny.
Our ability to make decisions about our own medical care is an essential aspect of individual liberty and personal autonomy. When we take the time to document our wishes and designate someone we trust to represent us, those decisions should be protected by law.
I recognize that this legislation is intended to provide clarity for patients and healthcare professionals. But good intentions do not eliminate the need to examine the consequences of statutory language that can affect life-or-death decisions.
We must never lose sight of the individual whose life, liberty, and healthcare choices are at stake.
I believe the law should protect people’s ability to make informed medical decisions, preserve the integrity of their advance healthcare directives, and respect the individuals they have specifically chosen to speak on their behalf.
Watch the video clip of my comments in committee to hear why I raised these concerns.
Please consider what this legislation could mean for you and your loved ones. If you took the time to document your healthcare wishes while you were mentally competent, wouldn’t you want those wishes protected….even if you could no longer speak for yourself?
Your healthcare decisions are deeply personal. Your wishes should matter, and the law should protect your right to make them.
As an FYI, the bill has returned to the Senate for consideration of the House amendments, and its ultimate fate remains in the hands of the Senate as the legislative session draws to a close.
