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

Mon Mar 9 11:13:26 PDT 2015

Kate,

A do-not-resuscitate (DNR) order tells medical professionals not to perform
CPR.  This means that doctors, nurses and

emergency medical personnel will not attempt emergency CPR if the patient's
breathing or heartbeat stops.

Many people have their doctor sign the DNR so they can have it where they
live. It is common practice in residential settings where the person has a
refrigerator to paste the DNR on the refrigerator door. EMS personnel are
instructed to look there for the green sheet before starting CPR.

This is different from the POLST where a person wants to continue living,
but under certain conditions.

Howard Herman

Herman Herman & Jolley PS

509.220.5810

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kate Gamble
Sent: Monday, March 9, 2015 10:31 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Clients want to name children in Health Care Directive

The green sheet is the POLST form, correct? 

My understanding of the POLST form is that it is a set of medical orders
(thus the MD signature), which does not replace a HCD.  It is voluntary and
is intended for use in situations where a patient has a serious health
condition in order to direct appropriate treatment by Emergency Services
personnel.  

Kate Gamble

Attorney at Law

Uptown Law PLLC

(360) 379-1818

CONFIDENTIALITY NOTICE: This email, including any  attachments, is
confidential and subject to legal privilege.  The information contained in
this message is intended only for the use of the above named recipient.  If
you are not the intended recipient, you are hereby notified that any
dissemination, disclosure, or copying of this communication, including all
attachments, is strictly prohibited, and subject to penalty.  If you have
received this communication in error, please immediately notify us by return
email and telephone at 360-379-1818; then please destroy this original
message and all attachments.  Thank you.

SPECIAL NOTICE TO CLIENT(S): If you are a client and this email is directed
to you, DO NOT FORWARD to any other party, or you could be waiving the
attorney -client privilege

From: hhherman2 <hhherman2 at comcast.net <mailto:hhherman2 at comcast.net> >
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Date: Friday, March 6, 2015 at 3:12 PM
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

My experience in talking to healthcare providers is that they want one
person to have the authority to say yea or nay on pulling the plug rather
than trying to get a consensus or majority among two or more persons. The
worst case scenario is when it is up to two children who will not agree. But
in any event, the plug will not get pulled without a "Do not Resuscitate
Order" (green sheet) signed by a physician.

Howard Herman

Herman Herman & Jolley PS

509.220.5810

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Y. Sohn
Sent: Friday, March 6, 2015 12:11 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Clients want to name children in Health Care Directive

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> 

This electronic message contains information which may be confidential
and/or legally privileged. The information is intended for the use of the
individual or entity named above. If you are not the intended recipient, be
aware that any disclosure, copying, distribution or use of the contents of
this transmission is prohibited. If you have received this electronic
transmission in error, please notify me by telephone or by email
immediately.

  _____  

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

CONFIDENTIALITY NOTICE: This email, including any  attachments, is
confidential and subject to legal privilege.  The information contained in
this message is intended only for the use of the above named recipient.  If
you are not the intended recipient, you are hereby notified that any
dissemination, disclosure, or copying of this communication, including all
attachments, is strictly prohibited, and subject to penalty.  If you have
received this communication in error, please immediately notify us by return
email and telephone at 360-379-1818; then please destroy this original
message and all attachments.  Thank you.

SPECIAL NOTICE TO CLIENT(S): If you are a client and this email is directed
to you, DO NOT FORWARD to any other party, or you could be waiving the
attorney -client privilege

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
<mailto: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 

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

Under recently issued Treasury Circular 230 regulations, we must inform you
that any US tax advice contained in this message is not intended or written
by the Law Office of Lisa L. Atkinson, PLLC, to be used, and it may not be
used for the purpose of avoiding any penalties that may be imposed under the
United States Internal Revenue Code. 

CONFIDENTIALITY NOTICE: This email and any attachments are for the sole use
of the intended recipient(s) and contain information that may be
confidential and/or legally privileged. If you have received this email in
error, please notify the sender by reply email and delete the message. Any
disclosure, copying, distribution or use of this communication by someone
other than the intended recipient is prohibited. 

_______________________________________________ WSBAPT mailing list
WSBAPT at lists.wsbarppt.com <mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt 
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com <mailto:WSBAPT at lists.wsbarppt.com> 
http://mailman.fsr.com/mailman/listinfo/wsbapt

_______________________________________________ WSBAPT mailing list
WSBAPT at lists.wsbarppt.com <mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150309/c5ff3e8d/attachment.html>