[WSBAPT] Conflict in Health Care Directive
Robert R. Cole
cole-gilday at stanwoodlaw.net
Wed Aug 26 11:08:20 PDT 2020
I agree with Sandra; that's how I explain it to clients when they ask.
Very Truly Yours,
Robert R. Cole
Law Office of Cole & Gilday, P.C.
10101 - 270th St. NW
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)
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On 8/25/2020 7:12 PM, Sandra Perkins wrote:
>
> I have always explained it to my clients like this:
>
> We all need food and water to survive, even if we are perfectly
> healthy. If we stopped eating and drinking, we would die. Because
> that is the case, some people believe that artificial nutrition and
> hydration are not “life support” in the same way that a ventilator and
> other machines would be. There is a separate paragraph in the Health
> Care Directive about artificial nutrition and hydration so that
> everyone can make a separate decision about what they want and do not
> want.
>
> The majority of my clients want neither—if the HCD applies, they do
> not want artificial nutrition or hydration to prolong their dying. A
> significant minority choose to have artificial hydration but not
> nutrition, because they believe it would be uncomfortable to die of
> thirst. Very few people want both artificial nutrition and hydration,
> but a few do.
>
> Sandra Perkins
>
> *From:* wsbapt-bounces at lists.wsbarppt.com
> <mailto:wsbapt-bounces at lists.wsbarppt.com>
> <wsbapt-bounces at lists.wsbarppt.com
> <mailto:wsbapt-bounces at lists.wsbarppt.com>> *On Behalf Of *Jane Bitz
> *Sent:* Tuesday, August 25, 2020 6:40 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
> <mailto:wsbapt at lists.wsbarppt.com>>
> *Subject:* Re: [WSBAPT] Conflict in Health Care Directive
>
> 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
>
> 12209 E. Mission Ave, Suite 5
>
> Spokane Valley, WA 99206-4824
>
> (509) 927-9700 x126
>
> FAX: (509) 777-1800
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com
> <mailto:wsbapt-bounces at lists.wsbarppt.com>
> <wsbapt-bounces at lists.wsbarppt.com
> <mailto: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
> <mailto:wsbapt at lists.wsbarppt.com>>; Marcus Fry <mfry at LYON-LAW.COM
> <mailto: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 ina
> terminal condition by the attending physician, or ina 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 aterminal condition or in apermanent
> 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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