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Advance Health Care Directives

3/31/2015

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An Advanced Health Care Directive is a document that we recommend all clients complete. This is a guide for a patient’s agent(s) and doctors regarding what health care choices the patient would like to make if they can’t speak for themselves. 

While doctors are not required to follow a directive, if they are unwilling to, they must make every reasonable effort to transfer the patient to a doctor who is willing to obey the instructions.

The statute recommends that directives include information about whether the patient would want resuscitation and/or artificial food or hydration if they were either terminally ill or in a permanent unconscious condition. In our experience these directives are more useful if they provide more guidance to doctors and families. 

When working with clients who are not currently facing a terminal diagnosis, we ask them to consider various scenarios and decide what treatment philosophies they would want to guide their doctor and agent in making decisions about their care.  

Questions?  We can help.  Contact us by email or call 206.459.1908 for more information.
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Vocab Lesson: Beneficiaries vs. Heirs

3/2/2015

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A beneficiary is a named recipient of a gift. 

The beneficiary designation is the document that names a beneficiary of a contract such as an annuity, life insurance policy, or retirement account.  Beneficiaries can also be designated in a person's Last Will and Testament or in a Trust.

This is quite different than the more traditional heir...

Historically, heirs are the class of persons entitled to take or share, in whole or in part, any real property of an intestate decedent, now generally broadened to include all the property of an intestate decedent who hasn't named beneficiaries.

Instead having to abide by a document, heirs receive inheritance.  For probate purposes, inheritance is receipt of property from an intestate decedent, by right of succession rather than by will.  


For community property characterization or estate tax purposes, inheritance is receipt of property simply as a result of death.


Beneficiaries and heirs are not always the same people and do not necessarily have the same rights or receive their property in the same way.  


To learn more about how to make sure those you want to inherit at your death receive what you would like, contact us to schedule a free 1/2 hour consultation at info@phinneyestatelaw.com
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    PEL Blog

    This Blog is written by Seattle Attorneys Jamie Clausen & Michael Ballnik.
    It is made available for educational purposes only. Its purpose is to give you general information and a general understanding of the law, not to provide specific legal advice. Reading this blog does not create an attorney client relationship between you and Phinney Estate Law. Because each individual and family is unique, the Blog should not be used as a substitute for legal advice from a licensed professional attorney in your state.

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