[WSBAPT] Dementia Directive form

Mon Jan 29 11:29:29 PST 2018

My impression is that this is intended to give direction to the patient’s caregivers and agent under a power of attorney, but is not enforceable.  The form does not meet the signing requirements of a Health Care Directive (RCW 70.122.030) or Power of Attorney (RCW 11.125.050). That said, I like it better than just having a conversation with an individual’s AIF because it can be put in front of a family member that is having a difficult time with the decisions of the individual as enforced by his/her AIF.

Megan S. Farr
Member | Farr Law Group, PLLC
1110 Stevenson Avenue, Ste. 100 | P.O. Box 890 | Enumclaw, WA 98022-0890
360.825.6581 (o) | 360.825.0780 (f) | MSF at FarrLawGroup.com<mailto:MSF at FarrLawGroup.com> | www.FarrLawGroup.com<http://www.farrlawgroup.com/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Brent Williams-Ruth
Sent: Monday, January 29, 2018 11:13 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Dementia Directive form

Hi List -

I am very interested in these conversations for both professional and personal reasons.  Having now looked at the form, I am curious as to whether there may be any enforcement issues given that it lacks witnesses attestations / notary? Would this override a Medical DPOA and force the hand of the agent-in-fact?

My normal interaction with clients is to advise them to share their feelings on these issues and be sure to select AIF that would do what they wanted.....but as we all know that best laid plans....

Appreciate any thoughts or feedback.

Brent

On Mon, Jan 29, 2018 at 10:51 AM, Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>> wrote:
I’ve already had a client ask about the form.

[cid:image002.jpg at 01D398F3.79EE6DA0]

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Cyrus Field
Sent: Monday, January 29, 2018 10:20 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Cc: 'Elder Law Section listserv' <elder-law-section at list.wsba.org<mailto:elder-law-section at list.wsba.org>>
Subject: Re: [WSBAPT] Dementia Directive form

FYI, the footer says “Free use allowed for non-commercial purposes”. So that constitutes a limited license. Just don’t charge specifically for it and you should be OK.

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)
phone: 360-472-1223<tel:(360)%20472-1223> Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis St. Friday Harbor, WA
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Teunis J. Wyers
Sent: Monday, January 29, 2018 9:41 AM
To: WSBA Probate & Trust Listserv
Cc: Elder Law Section listserv
Subject: Re: [WSBAPT] Dementia Directive form

This looks like an innovative and useful document, but what about the copyright?

On Sun, Jan 28, 2018 at 7:58 AM, Doug Schafer <schafer at pobox.com<mailto:schafer at pobox.com>> wrote:
Today's Tacoma newspaper, The News Tribune, included an article about UW School of Medicine's Dr. Barak Gaster's development and public distribution of a form by which patients anticipating (or diagnosed with) dementia may express their care preferences in advance of the progressively severe stages of dementia.
The form is available at https://dementia-directive.org/<https://eur01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdementia-directive.org%2F&data=02%7C01%7C%7C6c59ee577f6142d4262a08d567459af3%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636528471008089742&sdata=JgmD9i0Z%2BwdQTXoUrZqV1ONYxR4%2BeNOsY5tsQv3Fls8%3D&reserved=0>

Doug Schafer, in Tacoma

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Brent Williams-Ruth
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BWR Consulting, PLLC

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