(a) General rule. — A health care representative may make a health care decision for an individual whose attending physician has determined that the individual is incompetent if:
(1) the individual is at least 18 years of age, has graduated from high school, has married or is an emancipated minor;
(i) the individual does not have a health care power of attorney; or(ii) the individual’s health care agent is not reasonably available or has indicated an unwillingness to act and no alternate health care agent is reasonably available; and
(3) a guardian of the person to make health care decisions has not been appointed for the individual.
(b) Application. — This section applies to decisions regarding treatment, care, goods or services that a caretaker is obligated to provide to a care-dependent person who has an end- stage medical condition or is permanently unconscious as permitted under 18 Pa.C.S. § 2713(e)(5) (relating to neglect of care-dependent person).