[WSBAPT] Health Care Directive Delayed for Farewells

[pugetsoundlaw at gmail.com]

I have a client that wants a general directive to withhold or withdraw life
support, EXCEPT she wants to include a provision that delays the
implementation of the directive to allow family members to arrive to say
their farewells in person to a warm body, even if it means travelling to her
from out-of-state or out-of-county and takes a few days.  Client is young,
healthy, married mother, who has had very negative personal experiences
concerning her own hospital stays and hospice treatment of other family
members.

 

I'm thinking that there will also be a difference between directing that the
medical facility simply postpone the withdrawal of life support and a
directive to stabilize a patient's condition until family can arrive.  This
client seems to want the greater stabilization measures, at least in the
short term.

 

I also have a concern about who will make the determination of what will be
considered reasonable for the medical measures employed, amount of time
allowed, and the scope of family members included.  Client wants to favor
the family's wishes over hospital/medical professional determinations.
Seems like a mini-DPOA as part of the HCD that temporarily trumps the
directive for this narrow scenario.  I usually prepare the DPOA and HCD as
separate documents.

 

Anyone ever drafted something like this and be willing to share a sample
provision, before I start trying to reinventing the wheel complete with
shiny rims and spinners?

 

Thanks in advance,

Tara M. Roberts

Puget Sound Law pllc

roberts at pugetsoundlaw.com <mailto:roberts at pugetsoundlaw.com> 

 

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