[WSBAPT] Enforcing a HCD

[Paul Neumiller]

Thanks to all who gave input.  It’s a touchy situation because she wants her kids to make health care decisions for her (one child is a nurse) if she is disabled but doesn’t want to “burden” them with the decision to pull the plug if it comes to that.  I like Mr. Creahan’s initial language and his suggested changes.

 



 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Thomas Gates
Sent: Thursday, October 8, 2015 2:06 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Enforcing a HCD

 

Nice language presented to address the concern.

 

Tom

 

On Thu, Oct 8, 2015 at 11:43 AM, John Creahan <john at cairn-law.com <mailto:john at cairn-law.com> > wrote:

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

 

 

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  [mailto: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 <mailto: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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