[WSBAPT] Conflict in Health Care Directive

Tue Aug 25 18:40:27 PDT 2020

I think the specific language indicating the patient’s wishes should always be read to modify the general language in the introduction to the directive.

Interesting that if a client indicates that they want life support, even with a terminal or permanent unconscious condition, then we should probably not use the language from the statute. Or say in the introduction “I understand that I have a right to accept or refuse treatment that would simply prolong the process of my dying as indicated below.”

Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
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Spokane Valley, WA 99206-4824
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Krista MacLaren
Sent: Tuesday, August 25, 2020 5:01 PM
To: wsba probate & trust <wsbapt at lists.wsbarppt.com>; Marcus Fry <mfry at LYON-LAW.COM>
Subject: Re: [WSBAPT] Conflict in Health Care Directive

I always took the life-sustaining treatment language to relate to ventilators, anti-biotic drips, or things other than nutrition/hydration.  I will be interested to see what others say.

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle WA 98115
(206) 523-6116
kjm.inc at icloud.com<mailto:kjm.inc at icloud.com>

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On Aug 25, 2020, at 4:49 PM, Marcus Fry <mfry at lyon-law.com<mailto:mfry at lyon-law.com>> wrote:

I have not run into this and therefore interested in thoughts on the same. Below is the statute for our state’s health care directive.  I have a developing medical situation that the woman is in a coma has a health care directive (appears to be a pre-printed form) that has the exact language from RCW 70.122.030 directing “treatment be withheld or withdrawn”, but chose the option of “I DO” want artificially provided nutrition and hydration.  How does one reconcile these two statements?

RCW 70.122.030(1):

Directive made this . . . . day of . . . . . . (month, year).
I . . . . . ., having the capacity to make health care decisions, willfully, and voluntarily make known my desire that my dying shall not be artificially prolonged under the circumstances set forth below, and do hereby declare that:
(a) If at any time I should be diagnosed in writing to be in a terminal condition by the attending physician, or in a permanent unconscious condition by two physicians, and where the application of life-sustaining treatment would serve only to artificially prolong the process of my dying, I direct that such treatment be withheld or withdrawn, and that I be permitted to die naturally. I understand by using this form that a terminal condition means an incurable and irreversible condition caused by injury, disease, or illness, that would within reasonable medical judgment cause death within a reasonable period of time in accordance with accepted medical standards, and where the application of life-sustaining treatment would serve only to prolong the process of dying. I further understand in using this form that a permanent unconscious condition means an incurable and irreversible condition in which I am medically assessed within reasonable medical judgment as having no reasonable probability of recovery from an irreversible coma or a persistent vegetative state.
(b) In the absence of my ability to give directions regarding the use of such life-sustaining treatment, it is my intention that this directive shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and I accept the consequences of such refusal. If another person is appointed to make these decisions for me, whether through a durable power of attorney or otherwise, I request that the person be guided by this directive and any other clear expressions of my desires.
(c) If I am diagnosed to be in a terminal condition or in a permanent unconscious condition (check one):
I DO want to have artificially provided nutrition and hydration.
I DO NOT want to have artificially provided nutrition and hydration.
(d) If I have been diagnosed as pregnant and that diagnosis is known to my physician, this directive shall have no force or effect during the course of my pregnancy.
(e) I understand the full import of this directive and I am emotionally and mentally capable to make the health care decisions contained in this directive.
(f) I understand that before I sign this directive, I can add to or delete from or otherwise change the wording of this directive and that I may add to or delete from this directive at any time and that any changes shall be consistent with Washington state law or federal constitutional law to be legally valid.
(g) It is my wish that every part of this directive be fully implemented. If for any reason any part is held invalid it is my wish that the remainder of my directive be implemented.

Signed . . . .

City, County, and State of Residence
The declarer has been personally known to me or has provided proof of identity and I believe him or her to be capable of making health care decisions.

Witness . . . .

Witness . . . .

Thank you,

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.

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