[WSBAPT] Advance Health Care Directive contingent on spouse being unavailable?

[Brent Williams-Ruth]

I have not done this - but what I have done was just create an entire PPT
presentation running through each component part of the law that allows
them and here is what I would suggest.

I would specifically modify your directive, with initials next to this new
paragraph, detailing this BECAUSE, the law is pretty severe for those who
fail to follow what the advanced directive says if they know it exists.

Hypothetical - Dying Client (DC) has the directive that says stop all
treatment, pull the hydration and nutrition, withdraw life support.
Surviving Spouse, upon hearing the instruction for the doctors that DC is
not going to make it and is in the terminal, permanent
unconscious condition - says, I don't believe it and I won't pull the
support. We now have a situation that is expressly addressed as being
unlawful by the terms of the statute and the document.

Not saying that it would not be valid - but I would make sure to draft this
paragraph with the express statement that the Client (and someday potential
DC) understands that by initialing this paragraph they are ok with the fact
that their primary POA/Surviving Spouse may make decisions that are
entirely contrary what they have written and that's ok by them.

*Brent Williams-Ruth*
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, a division of **BWR Consulting, PLLC*

Office/Scheduling Phone: (425) 830-5134

Direct Mobile: (206) 889-7919

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.Williams-RuthLaw.com/> / facebook
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*As of July 1, 2019 - I began operating as the Law Offices of Brent
Williams-Ruth a division of BWR Consulting, PLLC. Please note the new
points of contact Brent at Williams-RuthLaw.com and www.Williams-RuthLaw.com
<http://www.Williams-RuthLaw.com> *


On Thu, Sep 10, 2020 at 3:31 PM Laura Latta <laura at lauralatta.com> wrote:

> Hello Listmates,
> I've had a request that's a first for me, but not unreasonable. Client
> wants their healthcare directive to be contingent on the client's spouse
> being unavailable (predeceased or also incapacitated). Meaning that if the
> spouse (named as agent in a medical power of attorney) is able to serve in
> that capacity, the health care directive is not effective and all decisions
> are up to the spouse.
>
> Has anyone done this before? What are some legal or practical pitfalls to
> consider? Does anyone have language to this effect they would be willing to
> share?
>
> Thanks in advance for your thoughts and expertise.
>
> Warmly,
> Laura
> --
>
>
> *Laura LattaLaw Office of Laura Latta PLLC*
>
> she/her
>
> Phone (206) 841-2344
>
> www.LauraLatta.com
>
> PO Box 82356
>
> Kenmore, WA 98028
>
>
>
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