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According to Washington law (Revised Code of Washington (RCW)), an Advance Health Care Directive (AHCD) means a
witnessed written document in which health care (the initiation, continuation, withholding or withdrawal of life sustaining treatment)
instructions are given by an any individual of sound mind (principal) who is 18 years of age or older.
Legal Helpmate provides you with two options
1) The Premium Package - Washington Advance Health Care Directive contains the following documents:
- Advance Health Care Directive (equivalent of Living Will) with Organ Donation Provision
- Durable Power of Attorney for Health Care
- Durable Springing Power of Attorney for Property and Finance
2) The Basic Package - Washington Advance Health Care Directive contains the following documents:
- Advance Health Care Directive (equivalent of Living Will) with Organ Donation Provision
- Durable Power of Attorney for Health Care (Medical Durable Power of Attorney)
HEALTH CARE DIRECTIVE
This is an important legal document known as an "Advance Health Care Directive". Washington Health Care Directive is designed to help you communicate your wishes about medical treatment at some time in the future when you are unable to make your wishes known because of illness or injury. These wishes are usually based on personal values. In particular, you may want to consider what burdens or hardships of treatment you would be willing to accept for a particular amount of benefit obtained if you were seriously ill. Any adult person may execute a health care directive directing the withholding or withdrawal of life-sustaining treatment in a terminal condition or permanent unconscious condition. The directive shall be signed by the declarer in the presence of two witnesses not related to the declarer by blood or marriage and who would not be entitled to any portion of the estate of the declarer upon declarer's decease under any will of the declarer or codicil thereto then existing or, at the time of the directive, by operation of law then existing.
In addition, a witness to a health care directive shall not be the attending physician, an employee of the attending physician or a health facility in which the declarer is a patient, or any person who has a claim against any portion of the estate of the declarer upon declarer's decease at the time of the execution of the directive. The directive, or a copy thereof, shall be made part of the patient's medical records retained by the attending physician, a copy of which shall be forwarded by the custodian of the records to the health facility when the withholding or withdrawal of life-support treatment is contemplated.
A health care directive may be revoked at any time by the declarant without regard to Declarants mental state or competency, and may be revoked by any of the following methods:
1) By being canceled, defaced, obliterated, burned, torn, or otherwise destroyed by the declarant or by some person in declarant's presence and by declarant's direction;
2) By a written revocation of the declarant expressing declarant's intent to revoke, signed, and dated by the declarant (this revocation becomes effective upon communication to the attending physician by the declarant or by a person acting on behalf of the declarant. The attending physician shall record in the patient's medical record the time and date when said physician received notification of the written revocation); or
3) By a verbal expression by the declarant of declarant's intent to revoke the directive (this revocation becomes effective only upon communication to the attending physician by the declarant or by a person acting on behalf of the declarant. The attending physician shall record in the patient's medical record the time, date, and place of the revocation and the time, date, and place, if different, of when said physician received notification of the revocation).
If a declarant becomes comatose or is rendered incapable of communicating with the attending physician, the directive remains in effect for the duration of the comatose condition or until such time as the declarant's condition renders declarant able to communicate with the attending physician.
Before signing this Washington Advance Directive for Health Care you need to discuss your treatment with your physician in as many details as possible, and consider types of treatments that you want/do not want to be performed for you when you are unable to express your wishes because of your illness. Please make sure to state clearly particular treatments you want or do not want.
POWER OF ATTORNEY FOR HEALTH CARE (MEDICAL POWER OF ATTORNEY)
You have the right to make decisions about your health care. No health care may be given to you over your objection, and necessary health care may not be stopped or withheld if you object.
The Washington Power of Attorney for Health Care is an important legal document. The purpose of this power of attorney is to give the person you designate (your agent) broad powers to make health care decisions for you, including power to require, consent to, or withdraw any type of personal care or medical treatment for any physical or mental condition and to admit you to or discharge you from any hospital, home, or other institution.
If a principal has appointed more than one agent with authority to make mental health treatment decisions in accordance with a directive under chapter 71.32 RCW, to the extent of any conflict, the most recently appointed agent shall be treated as the principal's agent for mental health treatment decisions unless provided otherwise in either appointment.
Unless he or she is the spouse, or adult child or brother or sister of the principal, none of the following persons may act as the attorney-in-fact for the principal:
- any of the principal's physicians,
- the physicians' employees, or the owners, administrators,
- or employees of the health care facility or long-term care facility
as defined in Revised Code of Washington (RCW) 43.190.020 where the principal resides or receives care.
Except when the principal has consented in a mental health advance directive executed under chapter 71.32 RCW to inpatient admission or electroconvulsive therapy, this authorization is subject to the same limitations as those that apply to a guardian under RCW 11.92.043(5) (a) through (c).
You may name health care agent and alternate health care agent under this form, but you may not name a health care provider who may be directly or indirectly involved in rendering health care to you under this power.
You may also use Power of Attorney for Health Care to authorize your attorney in fact to make an anatomical gift upon your death.
This power of attorney may be amended or revoked by you at any time and in any manner while you are able to do so. In the absence of an amendment or revocation, the authority granted in this power of attorney will become effective at the time this power is signed and will continue until your death and will continue beyond your death if anatomical gift, autopsy, or disposition of remains is authorized, unless a limitation on the beginning date or duration is made.
You should talk with your family, your health-care professional, your attorney, and any agent or attorney-in-fact that you appoint
about your health care decision to make one or more advance directives. If they know what health care you want, they will find it easier
to follow your wishes. If you cancel or change an advance health care directive in the future, remember to tell these same people about
the change or cancellation.
Do not sign these legal documents unless you clearly understand it. It is suggested that you keep the original of these documents on file with your physician and family members.
If there is anything about these legal forms that you do not understand, you should ask a lawyer to explain it to you.
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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