[WSBAPT] health care directive - assisted suicide

[Candace Wilkerson]

Thanks, Mike.  Yes, I agree that it’s better not to litigate.  Good caution!

Candace

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Michael
Sent: Monday, December 10, 2018 12:27 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] health care directive - assisted suicide

Hi-that’s exactly what I was informed of. So as far as whether or not there’s an argument, we find recurring in personal injury cases that insurance companies will take an unreasonable approach despite the statute and despite contract language. To me, since I do not want to go have to litigate to get them to behave Especially when the tourney fees are iffy, I think you better to avoid it.
Just my two cents
Mike
Sent from my iPhone

On Dec 10, 2018, at 11:19 AM, Candace Wilkerson <cwilkerson at wongfleming.com<mailto: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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of michael at westseattleattorney.com<mailto:michael at westseattleattorney.com>
Sent: Monday, December 10, 2018 10:24 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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.


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-------- Original Message --------
Subject: Re: [WSBAPT] health care directive - assisted suicide
From: Heather deVrieze <heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>>
Date: Mon, December 10, 2018 9:54 am
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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