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

Fri Mar 6 12:11:28 PST 2015

Yes, I’m familiar with that culture, and I think their wishes can be respected by creative drafting.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Maureen Wickert
Sent: Friday, March 6, 2015 11:43 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Clients want to name children in Health Care Directive

The authority for a HC AIF to direct the withdrawal or application of life sustaining treatment for someone should be cross referenced within a HCD and a DPOA for HC and these suggestions by others are very good. The client may have some strong cultural issues about involving their children in his or her health care. Another important issue is what if there are multiple children or co-AIFs for HC, what is the tie breaker for the doctor? If there is a single AIF for HC, this would simplify HC authority. 

Very truly yours,
Maureen A. Wickert, Attorney at Law

       WICKERT LAW OFFICE

14900 Interurban Avenue South, Ste 255
        Tukwila, WA 98168
       Phone: 206-859-5502
         Fax: 206-260-9005
     www.wickertlawoffice.com <http://www.wickertlawoffice.com> 
       wickertlaw at comcast.net <mailto:wickertlaw at comcast.net> 

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From: "Kate Gamble" <uptownlawpt at gmail.com <mailto:uptownlawpt at gmail.com> >
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Sent: Friday, March 6, 2015 11:28:00 AM
Subject: Re: [WSBAPT] Clients want to name children in Health Care Directive

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.”  

Kate Gamble

Attorney at Law

Uptown Law PLLC

(360) 379-1818

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From: "Jennifer Y. Sohn" <jennifer at sohn-law.com <mailto: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 <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Clients want to name children in Health Care Directive

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

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