[WSBAPT] Quick Question: Can Health Care Powers of Attorney be effective immediately?

Carl Gay carl at greenawaylawfirm.com
Wed Jul 25 10:47:38 PDT 2018


Every health care power of attorney I draft states it is effective immediately.

 

CARL LLOYD GAY  

 

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John Yip
Sent: Wednesday, July 25, 2018 10:38 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Quick Question: Can Health Care Powers of Attorney be effective immediately?

 

RCW 11.125.090 seems to say "yes," but virtually all of the health care powers of attorney I have seen or drafted only take effect upon the person's incapacity.  Is there any law or major practical reason why health care powers of attorney cannot be effective immediately? 

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