[WSBAPT] Dementia Directive form

Wed Jan 31 08:44:14 PST 2018

Intersting as this is similar to the form I have been using as a health care directive which is signed and witnessed as it can be applied to a myriad of situations versus just limited to Dementia. Wondering why dementia in particular is called out separately….

With Warm Regards,
 Sangeeta Saigal 
 Attorney at Law, PLLC 
 Phone: 425.698-9828
 Website: http://www.sangeetasaigal.com <http://www.sangeetasaigal.com/> 

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> On Jan 29, 2018, at 11:29 AM, Megan S. Farr <MSF at farrlawgroup.com> wrote:
> 
> 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> [mailto: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 <mailto: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. 
>  
>  
> <image002.jpg> <>
>  
>  
>  
> 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 <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 
> Founding Member
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> BWR Consulting, PLLC
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