[WSBAPT] HCD Internally Inconsistent??

[Paul Neumiller]

John, your language certainly makes more sense than the statutory form of
HCD.  My initial response was criticizing the statutory form, not your
language.  

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Friday, October 16, 2015 12:55 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] HCD Internally Inconsistent??

 

John, I appreciate your thoughts.  When it comes down to such an emotionally
charged decision to pull the plug (see The Descendants starring Georg
Clooney) I would hate to put my clients in the position of having to rely on
a canon of interpretation of a statute.

 



 

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John Creahan
Sent: Friday, October 16, 2015 12:25 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] HCD Internally Inconsistent??

 

Paul,

That's an interesting issue. I always assumed that the specific direction
regarding artificial hydration and nutrition would take precedence over the
more general request to withdraw support. The Washington State Medical
Assoc.'s form spells this out more clearly (see below).

Hope this helps,

John

 

If I am diagnosed to be in a terminal or permanent unconscious condition,
[Choose one]

I want ___________ do not want __________

artificially administered nutrition and hydration to be withdrawn or
withheld the same as other forms of life-sustaining treatment. I understand
artificially administered nutrition and hydration is a form of
life-sustaining treatment in certain circumstances. I request all health
care providers who care for me to honor this directive.

 

 

John Creahan

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] On Behalf Of Paul Neumiller
Sent: Friday, October 16, 2015 11:51 AM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> 
Subject: [WSBAPT] HCD Internally Inconsistent??

 

Listmates:  Happy Friday.  The Health Care Directive statute (RCW 70.122)
statutory form says, clearly, that if the signor is diagnosed to be in a
terminal condition or a permanent unconscious condition, then
"life-sustaining treatment" shall be withheld or withdrawn.  But, later the
form gives the signor the right to choose between having "artificially
provided" food and water or not having artificially provided food and water.
WHAT?!?!?  If a person signs the form but checks the box that says the
signor wants the food and water tubes, then what?  Aren't these inherently
inconsistent provisions.  Aren't the food and water tubes "life-sustaining
treatment?"  It now seems to me the HCD shouldn't even be used if the person
wants to be left hooked up "because they are finding new cures all the time"
or for whatever reason.  I always thought that the HCD was used to express
the signor's desires WHETHER to have the doctors pull the plug and the
signor could elect to be left hooked up by checking the box saying the
signor wants the artificially provided food and water.   Now, I question
this assumption.  Remember, in the Terri Schiavo case in Florida the
"life-sustaining treatment" was the food and water tubes.    Am I missing
something? Anyone willing to talk me back from the ledge??  None of my
secondary sources discuss the issue and I am re-working my forms.

 

 



 

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