[WSBAPT] Posthumous Tissue Collection

[Sherman Snow]

Hi Wendy - 

 

Perhaps you could use RCW 68.50.160(3) the statutory authority for
disposition of remains.   The statute allows one to appoint an agent for
such purposes, in a written document in the presence of a witness.  You
could include this language in a will, satisfying the witness requirement,
and include in your provision the agent's authority regarding the tissue.
The appointment of an agent pursuant to the RCW should give it greater
authority to require a hospital to honor.  

 

 

Sherman

 

Snow Law PLLC
(206) 659-2498
3703 S. Edmunds St. #104, Seattle WA 98118

sherman at shermansnowlaw.com

 

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Wendy Malkin
Sent: Thursday, November 19, 2015 10:09 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Posthumous Tissue Collection

 

Hi Listserv,

 

I am preparing basic estate planning documents for a newly married couple
who do not yet have children.  They would like to include a provision that
allows either of them to collect reproductive tissue from the other if the
other has an untimely death.  One of the clients is a neurology nurse, and
she has some experience with families making such requests without prior
consent. 

 

I did a bit of research (law review articles and hospital
brochures/policies) to prepare the following consent language:

 

Posthumous Tissue Collection

I consent to the posthumous collection of my reproductive tissue for
personal use by my spouse.  I authorize my spouse to request the posthumous
collection of my reproductive tissue.  If my spouse makes such a request, I
hope that her/his wishes are honored.  I authorize my spouse to use my
reproductive tissue for posthumous reproduction.  

 

My questions:

1.       Is the consent language clear?

2.       In which document should it be included (with my current level of
knowledge, I plan to include it in the will, health care directive, and
health care power of attorney)?

3.       Will hospitals in the Seattle area honor the consent language?
This is the big question.  

 

I appreciate any advice on this matter.

 

Thanks,

Wendy

 

Law Office of Wendy Malkin, PLLC

1734 NW Market Street

Seattle, WA 98107

206-735-3177

 

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