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Living Wills & Advanced Health Care Directives

8/8/2012

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In previous posts we have discussed how to select and document your choice of who should serve as your Health Care Agent if you should loose the ability to provided informed consent for your own health care choices.  That is without a doubt the most important single step you can take in make a plan for your future possible medical disability but there are other steps that can and should be taken as well and one of the most important is drafting an Advanced Health Care Directive.

An Advanced Health Care Directive, as the name suggested, provides guidance to your Health Care Agent and Doctors about what kind of health care choices you would want made for you in difference circumstances.  These documents are often referred to as "living wills."   In Washington the statute that allows for the creation of Advance Health Care Directives is RCW 70.122.  The statute requires that the directive be executed while the agent is still capable of make their own health care choices and be witnessed by two witnesses who are not close family members or health care providers.  The statute also places restrictions on the application of Advanced Health Care Directives when patients are pregnant.

Many hospitals have free Advanced Health Care Directives that address a few limited forms of life support but much more detailed directives can be done with an attorney and the more detailed guidance is usually much more helpful to families.  An attorney can also make sure that the witness rules are followed as forms provided in hospitals are often witnessed by inappropriate witnesses that can render them invalid. An attorney can also ensure that added language is put in the directive to make it effective in other states that have different execution requirements.

If you would like to schedule an appointment to develop an advanced health care directive contact us for a free 1/2 hour consultation at (206) 459-1908 or 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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