[WSBAPT] Health Care Directive Delayed for Farewells

Fri Mar 4 09:47:43 PST 2016

Thank you for the thoughtful responses!

Tara M. Roberts

Puget Sound Law pllc

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

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Felicia Value, Attorney at Law
Sent: Thursday, March 3, 2016 1:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Health Care Directive Delayed for Farewells

Hi Tara -

I think the key will be the agent designated for health care decisions in a health care DPA (or the person given authority by default under RCW 11.94.)  Your client is describing a situation in which a lot of information will need to be assessed, and judgment calls made.  That’s not the role of the hospital or care providers,  and they will not want to do it.  Of course client needs to prepare a health care directive,  but I think the DPA for health care is even more important for what your client wants.

IMO,  client needs to make her wishes clear to her duly appointed agent for health care decisions, and his or her successor(s),  and make sure they understand and agree with what she wants.  Then spell it out in the DPA for health care, in everyday language that client might use -  e.g. “It is very important to me that my loved ones be given the chance to say their farewells to me, even if I am not apparently capable of interacting with them.  Therefore I direct my agent to keep me alive for a reasonable period of time (not to exceed __________) to allow loved ones to travel to where I am,  if this is feasible.”  You can see the major discretion given to the agent in words like “feasible,”  but we all know that health care crises have so many variables that it’s impossible to get too specific ahead of time.  Then make sure the documents are easy to find in a hurry,  and make sure each of client’s health care providers has copies.  Client can even open a patient medical file with these documents at the hospitals near her,  even if she’s never been admitted.

Then I’d echo this language in the health care directive,  probably on the first page,  bolded, such as “It is very important to me that my loved ones be given the chance to say their farewells to me, even if I am not apparently capable of interacting with them.  Therefore my care providers shall consult with and defer to my acting agent for health care decisions in questions of how long to maintain my life when I am in a terminal condition or a permanent unconscious condition.”  

Just some thoughts-  hope that’s helpful.

Felicia Value
Attorney at Law
PO Box 578/116 North Third Street
La Conner, WA 98257
(360) 466-2088
www.skagitprobate.com <http://www.skagitprobate.com> 

NOTE: I do not use encrypted email. Messages sent to or
from my office via email are not secure and may not be
protected by attorney client privilege. This email address
is not monitored at all times. If your matter is urgent,
please phone my office during regular business hours.

This email may contain confidential material protected by
attorney/client privilege, and is intended for use solely by the above
referenced recipient. Any review, copying, printing, disclosure,
distribution, or other use by any person or entity is strictly
prohibited and may be unlawful. If you are not the named recipient, or
believe you have received this email in error, please reply to the
sender and delete the copy you received. Thank you.  

From: pugetsoundlaw at gmail.com <mailto:pugetsoundlaw at gmail.com>  

Sent: Thursday, March 03, 2016 12:45 PM

To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com>  

Subject: [WSBAPT] Health Care Directive Delayed for Farewells

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> 

******************************
The information contained in this email is intended as a collegial exchange of ideas, may be incorrect, and is made without warranty of accuracy of any kind.  The ideas and opinions expressed in this message are offered as unresearched thoughts, may be retracted or changed without notice, and do not create any attorney-client relationship.  They should not be relied upon as applicable to any particular fact situation. Thank you.

******************************

  _____  

_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com <mailto:WSBAPT at lists.wsbarppt.com> 
http://mailman.fsr.com/mailman/listinfo/wsbapt

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160304/4c9d97df/attachment.html>