[WSBAPT] Follow-up on "Quick Question: Can Health Care Powers of Attorney be effective immediately?"

[Heather deVrieze]

I include HIPAA waiver and access to receive, release and disclose health care information which is effective immediately, even though the medical decision making is not effective as long as the principal can make their own health care decisions.

Heather

Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John Yip
Sent: Wednesday, July 25, 2018 11:45 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Follow-up on "Quick Question: Can Health Care Powers of Attorney be effective immediately?"

(I don't know how to do a reply all on the listserv, so I am posting this separately).

Thanks for your responses so far.

Nonetheless, I'm a bit concerned about the following excerpt from Washington Practice, "So long as the principal is able to make health care decisions, the attorney-in-fact has no authority to make such decisions."  § 2:39.Durable powers of attorney for financial and health care decision making (immediate)—Checklist, 26 Wash. Prac., Elder Law and Practice § 2:39 (2d ed.).  (I understand that Washington Practice is not law, but it is persuasive authority, and I am wondering if there is any actual legal authority for the statement I quoted.  I could not find any.)

The hypothetical situation is one where someone is caring for her elderly father, who is not in best shape but is still lucid enough to not be deemed "incapacitated," and needs to discuss treatment options with his health care providers.  I can draft an "immediately-effective" health care POA, but I am wondering if such a POA is enforceable if presented to a physician.

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