When writing an Advance Health Care Directive you can include directions about how the patient wants to receive treatment and what other help and support they want at end of life.  Some examples of other directions that can be included are:

• I want my doctor to give me enough medicine to relieve my pain, even if that means that I will be drowsy or sleep more than I would otherwise.
• I want my doctor to give me enough medicine to relieve my pain, but I want my pain medication reduced frequently to allow me moments of lucidity.
• I want my Health Care Agent to explore alternative medicine treatments.
• I want to have personal care like shaving, nail clipping, hair brushing, and teeth brushing as long as they do not cause me pain or discomfort.
• I want to have people with me when possible.  The visitors that would be most meaningful to me are: __________________________________________
• I want to have my hand held and to be talked to when possible, even if I don’t seem to respond to the voice or touch of others.
• I also want to have religious readings and well-loved poems read aloud when I am near death, such as: ______________________________________
• If I am alone and awake I would like to have music or books on tape playing, such as: ____________________________________________________
• I want to have pictures of my loved ones in my room.
• I want to have flowers or live plants in my room.
• I want to have a hospice care.
• I want to be treated at home if possible.
• I want to have the members of my faith community told that I am sick and asked to pray for me and visit me.
• I want to have others by my side praying for me when possible.

Advance Health Care Directives can also include directions about organ donation, autopsies, and burial instructions.  This can be very useful as directives are often found and consulted before the Will.

Want to learn more?  Be sure to contact us for a free 1/2 hour consultation.  You can email us at info@phinneyestatelaw.com or call 206.459.1908.

When it comes to the topics of organ donation, autopsy and burial, Advance Health Care Directives are very useful, as they are often found and consulted before the Will.

It is also possible to specifically address mental health treatment in a special mental health directive.  This can be very useful for a patient who has a history of mental illness such as depression, bipolarity, OCD, or paranoia, because even a duly designated Health Care Agent cannot authorize some forms of mental health treatment unless they have specific permission in such a directive.

For clients who have already received a diagnosis of a serious chronic or terminal decision or a family history of such conditions, we recommend that they sit down with their medical provider to request their insight into what choices are most likely to be made and risks and benefits of the various options and incorporate that into their documents.

The New York Times did a wonderful article this week on complicated grief. At Phinney Estate Law we work with a lot of clients dealing with grief.  I would agree with the expert quoted in this article that a factor that can make the difference between grief where people are still able to manage their lives and complicated grief is the circumstances of death including whether there was adequate planning by the deceased about end of life care to allow that process to be conflict free and directed.  That is why we always include medical powers of attorney and advanced health care directives in our all of our planning and encourage clients to see this as part of the legacy they leave their family.  If you would like more information on how to create this kind of planning, please contact us for a free 1/2 consultation at (206) 459-1908 or info@phinneyestatelaw.com.

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.

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

Within Reach is one of our favorite charities which is why they are part of our Charity Discount program.  Last week they included a great write up about estate planning and Phinney Estate law in their newsletter.  We want to share the link and say "thanks" for the kind words.  

Here are some of the questions to think about for any person you are considering having serve in the role of caring for your child after you pass. 

Remember:  The perfect guardian may not exist. Don’t let that stop you from choosing the best of your options!

1. Does this person have experience in raising or caring for children?

2. Does this person share your core values about life? Would he or she model these for your child?

3. Does this person share your philosophy about parenting? Does he or she take a similar approach to discipline? 

4. Does this person share your cultural and religious background so that he or she can carry on important traditions with your child?

5. Does this person have the emotional resources to take on the responsibility of raising your children? 

6. Is this person easily affectionate? Would he or she deal well with a child who is experiencing grief?

7. Is this person young and/or healthy enough that he or she would be physically up to raising a child until your child reaches 18?

8. Does your child have an emotional relationship with this person to help your child to make this transition?

9. Does this person live near you so that your child could remain in the same school and/or maintain contacts with friends?

10. Does this person have ties to both sides of the family so that the child would have regular contact with extended family on both sides?

11. Would your child support your choice? Would this selection create conflict for your families?

12. Is this person in a stable relationship that would provide your child with a two-parent home?

13. If this person is currently closer to one child than the other, can he or she avoid playing favorites?

14. Will this person be able to afford to care for your children with the resources you can leave to care for them?

Choosing a guardian for your child is not always easy.  However, planning ahead thoughtfully can save a lot of time and heartache in the case of an unexpected loss.  

Want additional information about creating a plan for your family?  Phinney Estate Law offers free community classes.  We've love to speak to your group or organization.  Click here to learn more.  

Phinney Estate Law Attorney Jamie Clausen will be teaching a Continuing Legal Education (CLE) class on the topic "Collaborative Law 101" today, October 8, 2014, for the King County Bar Association Solo Small Firm Section.  The CLE is scheduled from noon to 1 pm at the King County Bar Association offices at 1200 5th Ave, Suite 700 Seattle, WA 98101.  The CLE is open and free for all members of the King County Bar Association.  For more information contact the KCBA at (206) 267-7100.   

Wondering what the Supreme Court decision not to take up the marriage equality means?  The short answer is progress and continued confusion.  

The Supreme court was expected this session to take up and rule on challenges to lower court ruling that found state laws that didn't grant marriage equality were unconstitutional.  These rulings rested on a variety of grounds varying from the right of privacy to the best interest of children.  By deciding not to take up the issue, the Supreme Court leaves those ruling intake and spread marriage equality. 

The decision not to make a decision immediately effects five states in which federal appeals courts had already struck now bans on same sex marriage: Virginia, Indiana, Wisconsin, Oklahoma, and Utah.  In the case of Virginia, marriage certificates are being issued now.  In other states it may take up to 30 days for the process to start.

Eventually it will also bring along North Carolina, South Carolina, West Virginia, Colorado, Kansas, and Wyoming as those states are in the same federal circuits.  That means that as soon as someone files suit in those states challenging those state's bans on same sex marriage the courts will be bound by precedent to overturn those bans.  Those suits are expected to be filed within days and be could be decided in the next few months.  That means by that within a year we can expect same sex marriage to be legal in at least 30 states. 

That still leaves 20 states without marriage equality.  Such a patchwork approach leaves many gaps for same sex married couples with regard to rights to custody and the right to divorce as they move from jurisdiction to jurisdiction.  Which is why we still encourage all same sex couples to complete a co-habitation agreement and follow up with step parent adoptions to make their rights portable even if they are legally married.  

It also means that there are now a large number of states were same sex couples are free to marry but are not protected by anti-discrimination statutes so they can still be fired or denied housing or other rights crucial to actually protecting the rights of their families.  

Most Court watchers thought that the Supreme Court would be either granting same sex marriage nationwide or endorsing bans that set the movement back.  Instead it seemingly endorsed the slow patchwork movement toward progress.  As MLK Jr said "The arc of the moral universe is long, but it bends towards justice."  We are now eleven states closer.

If you have questions about how to best protect the rights of your family, please contact for a free consult on estate planning, relationship agreements, step parent, or adult adoption at info@phinneyestatelaw.com or (206) 459-1908.  

For a helpful map of the impact of today's decision see this helpful map.