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

Mon Mar 9 11:47:31 PDT 2015

On Mar 9, 2015 10:34 AM, "Kate Gamble" <uptownlawpt at gmail.com> wrote:

> 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
>
>
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> From: hhherman2 <hhherman2 at comcast.net>
> Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Date: Friday, March 6, 2015 at 3:12 PM
> To: 'WSBA Probate & Trust Listserv' <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
> <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
> <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
>        wickertlaw at comcast.net
>
>
>
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> ------------------------------
>
> *From: *"Kate Gamble" <uptownlawpt at gmail.com>
> *To: *"WSBA Probate & Trust Listserv" <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>
> *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 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
> <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
>
>
>
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