[WSBAPT] Clients want to name children in Health Care Directive
Kate Gamble
uptownlawpt at gmail.com
Mon Mar 9 12:16:59 PDT 2015
Excellent clarification, thank you!
Kate Gamble
Attorney at Law
Uptown Law PLLC
(360) 379-1818
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From: Heather deVrieze <heatherd at westseattlelaw.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Monday, March 9, 2015 at 12:00 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Clients want to name children in Health Care
Directive
A medical directive (Advance Directive, Living Will) is a patient¹s written
expression of their desire to refuse medical treatment that will merely
serve to artificially prolong the process of dying. It is a more general
(not incident or diagnosis specific) statement that the patient does not
want their lives artificially prolonged. I find facilities and medical
personnel reluctant to make any medical decisions themselves based on the
medical directive alone.
A medical durable power of attorney gives the patient/client the ability to
nominate a medical decision maker for themselves to take effect when they
cannot make such decisions for themselves. The one I prepare gives the named
agent the authority to deliver and interpret the medical directive and
authority to sign a DNR or POLST in the enforcement of the patient¹s wishes.
First responders will generally not pay any attention to a medical directive
or Durable Power of Attorney for Health Care Decisions in emergency
situations, but absent a POLST will stabilize the patient and transport to
hospital. The health care agent under the power of attorney, with the
medical directive in hand can then work to enforce the withholding or
withdrawing of life sustaining treatments at the hospital.
A POLST is ³Physicians Orders regarding Life-Sustaining Treatment². They can
only be obtained through a health care provider, usually when there is a
diagnosis and must be signed by the patient(or their agent) and the health
care professional to be valid. A POLST is effectively instructions from a
doctor to perform or not perform CPR, to provide or not provide antibiotics
etc. They are most useful in emergency situations when first responders need
to know what a particular patient¹s wishes are.
A DNR is generally specific to the hospital or other facility and that
particular hospitalization. It is a designation that is made so that all
hospital personnel know how to respond if the patient stops breathing or
their heart stops while they are hospitalized. It is often noted clearly on
the patient chart and may also result in a sign on the patient¹s door and a
medical bracelet.
All of these documents have their time and place. I generally discuss DNR
and POLST documents and issues with clients for whom it may be an issue, but
can only provide, and do, as often as possible, the Medical Directive and
Durable Power of Attorney for medical decisions.
Heather
Heather S. de Vrieze
Attorney-at-Law
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com <mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com <http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:
<https://www.facebook.com/DeVriezeCarney>
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Elena Garella
Sent: Monday, March 09, 2015 11:15 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Clients want to name children in Health Care Directive
I'd be curious to hear what experiences people have had with POLST versus
DHCPOA. I had one case where my client had both. The docs referred to the
POLST and I don't think they even looked at the DHCPOA...
On Mon, Mar 9, 2015 at 10:31 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 <tel:%28360%29%20379-1818>
>
>
>
> 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 <tel: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>
> 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 ³Do not Resuscitate Order²
> (green sheet) signed by a physician.
>
> Howard Herman
> Herman Herman & Jolley PS
> 509.220.5810 <tel:509.220.5810>
>
>
> From: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, I¹m 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 <tel:206-859-5502>
> Fax: 206-260-9005 <tel:206-260-9005>
> www.wickertlawoffice.com <http://www.wickertlawoffice.com>
> 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
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> 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>
> 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.²
>
>
>
> Kate Gamble
>
> Attorney at Law
>
> Uptown Law PLLC
>
> (360) 379-1818 <tel:%28360%29%20379-1818>
>
>
>
> 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 <tel: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 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 <tel:%28425%29%20778-2421>
> (425) 744-0796 <tel:%28425%29%20744-0796> 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.
>
>
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--
Elena Luisa Garella
Law Offices
K.R. Trigger Building, Suite 208
3201 First Avenue South
Seattle, WA 98134
phone: (206) 675-0675
fax: (206) 922 5679
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