[WSBAPT] Enforcing a HCD

John Creahan john at cairn-law.com
Thu Oct 8 11:43:50 PDT 2015


Paul,
The following language might address your situation:
Specific instruction re: life-sustaining treatments.  I direct my Health Care Proxy to act decisively and promptly to effectuate my Health Care Directive, under the circumstances it describes.  If my Health Care Proxy is unwilling or unable to act in conformity with my Health Care Directive, I instruct that a successor Health Care Proxy willing and able to do so be immediately substituted for the purpose.  If no party I have named is so willing, I direct that my physicians and health care providers honor and effectuate my Health Care Directive notwithstanding inactivity or opposition of my Health Care Proxy, family, or other interested party.
You could alter the language to appoint the friend to effectuate the directive rather than calling on the health care providers to do so.
Hope this helps,
John

John Creahan
206-621-5848
www.cairn-law.com<http://www.cairn-law.com/>


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, October 7, 2015 4:03 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Enforcing a HCD

A divorced mother with children in their 20s asked me the following question:  "How do I ensure that my children will follow my wishes expressed in my Health Care Directive and pull the plug?  I just know my children will endlessly debate the issue but I DO NOT want to be hooked up to tubes if I am just a vegetable. "  She is considering a carve out in her Durable Power of Attorney for Health Care to allow a trusted (and older) family friend to be able to make the decision to pull the plug.  I said that I would post her question to the collective mind.  What say you?
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