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

[Jennifer Y. Sohn]

Same here. I don’t think there is anything that prohibits clients from giving their children that right. The clients get HCDs to make it easier for family members to make the decision, and if the clients want the children to consult with the physician and make the decision, I don’t see why they shouldn’t be allowed to do that. 

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of MK Henderson
Sent: Friday, March 6, 2015 11:24 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Clients want to name children in Health Care Directive

 

I often add that option to my Health Care Directives. Something like to be determined by my children, power of attorney or someone that the person designates.  If they have had a conversation about what their wishes are it might be easier for the client to make that choice than making a decision in the attorney's office. 

 

On Fri, Mar 6, 2015 at 11:16 AM, Jennifer Y. Sohn <jennifer at sohn-law.com <mailto:jennifer at sohn-law.com> > wrote:

Why can’t 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>  [mailto: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 <mailto: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. 
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Mary K. Henderson

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