[WSBAPT] health care directive - assisted suicide

Mon Dec 10 11:24:49 PST 2018

I will advise that I specifically discussed the issue of physician assisted suicide with my insurer and it would be covered under my policy. As a former insurance coverage guy - my advice would be to look at the specific terms of any life insurance policy. 

Brent Williams-Ruth
Founding Member
BWR Consulting, PLLC
Phone: (425) 830-5134
e-mail: brent at bwrconsults.com / website: www.bwrconsults.com

> On Dec 10, 2018, at 11:19 AM, Candace Wilkerson <cwilkerson at wongfleming.com> wrote:
> 
> That’s useful information, I never thought of that.  Does that mean that an insurance company might deny benefits if an insurance beneficiary is the one to carry out the insured’s wishes regarding non-resuscitation, etc.?
>  
> Candace Wilkerson
>  
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael at westseattleattorney.com
> Sent: Monday, December 10, 2018 10:24 AM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] health care directive - assisted suicide
>  
> I might add that some insurance denial stories (CA) cause me to advise clients and or their beneficiary of an insurance policy to not be a part of anything as to the client's decision making including having their communication with doctors on this issue and or any related issues. If the beneficiary of the client is the Health Care Agent, resign. 
>  
>  
> <image001.png>
>  
> 
> -------- Original Message --------
> Subject: Re: [WSBAPT] health care directive - assisted suicide
> From: Heather deVrieze <heatherd at westseattlelaw.com>
> Date: Mon, December 10, 2018 9:54 am
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> 
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> Kim it is my understanding and the position I have represented when clients ask for such things, that actions to facilitate assisted suicide MAY NOT be undertaken by an agent on behalf of the patient. Only the competent patient themselves may make the requests. The timing of the requests, written and oral alike, and their relationship to a terminal diagnosis are critical, and must be carefully observed.
>  
> Having said all of that, I do believe it is critical for the health care agent to have a full understanding of the patient’s wishes about this issue. A conversation can be had when the patient may be approaching the “right” time, and if they are competent, assistance with written and oral requests may be appropriate. The agent cannot however make the requests.
>  
> Heather
>  
> Heather S. de Vrieze
> Attorney-at-Law
> <image003.jpg>
> 3909 California Avenue SW
> Seattle, WA 98116-3705                         
> (206)938-5500
> heatherd at westseattlelaw.com
> www.westseattlelaw.com
>  
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> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kim Hammit
> Sent: Monday, December 10, 2018 9:11 AM
> To: wsbapt at lists.wsbarppt.com
> Subject: [WSBAPT] health care directive - assisted suicide
>  
> Does anyone have language I can copy/refer to for a health care directive/poa requesting assisted suicide under RCW 70.245?  I don’t have anything in my forms as this request has never come up for me.  Is this even allowed?  I didn’t see anything either way in the DWDA.  I see an exception for insurance that to me seems to say insurance cannot be conditioned upon a person taking advantage of this act so the policy cannot be denied if the insured life is taken under this act, correct?  If it is allowed, would it make sense to use the RCW 70.245.220 language in the HC directive?  Only problem I see with that is that it specifically states that the signor has been informed of the diagnosis, prognosis, etc. but in the case the patient is unable to receive that information, would it render that invalid?
>  
> Am I overthinking this and it’s really as simple as putting basic “I wish to utilize the DWDA in the event that I qualify and am otherwise unable to convey this determination, I allow and authorize my attorney in fact to execute any requests or consents required under RCW 70.245”
>  
>  
> Kimberly S. Hammit
> Associate Attorney
>  
> GSJONES LAW GROUP, P.S.
> 1155 Bethel Avenue
> Port Orchard, WA  98366
> Tel:  (360) 876-9221
> Fax: (360) 876-5097
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