[WSBAPT] Clients want to name children in Health Care Directive

[Kate Gamble]

How about inserting language in the HealthCare POA giving the children
authority to override the HCD in certain circumstances?

"It is my intent and desire that my attorney-in-fact honor any Health Care
Directive or statement of similar nature and purpose which I have signed,
but my attorney-in-fact shall have the authority to make the final decision
regarding the withdrawal or application of life-sustaining treatment if at
any time my attorney-in-fact determines that it would not be in my best
interest to honor such Health Care Directive or statement of similar nature
and purpose which I have signed.²

Kate Gamble

Attorney at Law

Uptown Law PLLC

(360) 379-1818



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From:  "Jennifer Y. Sohn" <jennifer at sohn-law.com>
Reply-To:  WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date:  Friday, March 6, 2015 at 11:16 AM
To:  'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject:  Re: [WSBAPT] Clients want to name children in Health Care
Directive

Why can¹t the children be given the final say on whether to pull the plug or
not if that is what the client wants?
 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of LISA ATKINSON
Sent: Friday, March 6, 2015 10:48 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Clients want to name children in Health Care Directive
Importance: High
 

Colleagues,

First time issue for me.  Clients, non-native English speakers, want to put
their children's names into a Health Care Directive to require physicians to
consult with and get approval from the children before honoring the terms of
the HCD.  I have tried to explain, in many different ways, why this is not
appropriate, but I can't find any legal citation to support my explanation.

Anyone have suggestions?  I tried to suggest that under their Health Care
POA, their children have a say in treatment/etc, but that the HCD is to be
their choice.

Please let me know if you have suggestions.

Thanks,

Lisa

Lisa L. Atkinson, Esq.
611 Main Street 
Suite B-1 
Edmonds, WA 98020 
(425) 778-2421 
(425) 744-0796 fax 

CHECK OUT MY WEBSITE! www.lisaatkinsonpllc.com
<http://www.lisaatkinsonpllc.com/>

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