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

Brent Williams-Ruth brent at bwrconsults.com
Wed Jul 25 10:52:26 PDT 2018


I will say that virtually ALL of my Healthcare POA are effective
immediately - and I use my own story as example as to why.

My lovely mother, who takes about 400 different medications, left behind
her mini-cooler of meds at the TSA check-point as she and my father were
heading to a 2 week European River Boat cruise.  After 56 hours of cold
turkey - she was in an Amsterdam ER and was in no position to talk.
Legally incapacitated? Who knows, but I (as her back-up POA) was able to
contact her doctor and have them fax to the hospital in Amsterdam, a list
of all her medications.

I advise my clients that not every decision is about ending life -
sometimes it just about the ability to help out when they could not help
themselves.

PS to that story - the doctor's office (who has known me since I as 8 years
old - I now 42) refused to accept the POA via fax or email since my Mother
did not provide it to them directly herself. I dropped everything and drove
from Seattle to Gig Harbor only to have them say that they really value
patient privacy and admitted that this was their own rule for accepting a
POA. Now I tell my clients to take a copy to put on file - just in case.





On Wed, Jul 25, 2018 at 10:38 AM, John Yip <johntyip at gmail.com> wrote:

> 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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-- 

*Brent Williams-Ruth*
*Founding Member*

*BWR Consulting, PLLC*

Phone: (425) 830-5134

e-mail <brent at bwrconsults.com> / website <http://www.bwrconsults.com> /
facebook <http://www.facebook.com/bwrconsults>
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