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

[Laura Latta]

Absolutely, I have advised the client that in reality this is a process and
a dialogue with the agent. They are asking for specific language
none-the-less. Do you think such language would merely reinforce the normal
process of implementing the directive, rather than create unforseen issues?

On Thu, Sep 10, 2020 at 3:37 PM Heather de Vrieze <
heatherd at westseattlelaw.com> wrote:

> My general experience is that these are always essentially a tool of the
> named agent under a health care durable power of attorney, or next of kin
> who are empowered to deliver and enforce these documents. I have not seen a
> facility or doctor willing to act based on a directive alone, but to
> require the appropriate decision maker to consent.
>
>
>
> Accordingly, I think if the spouse is the first named agent under a health
> care DPOA, if the spouse is capable, but not consenting, it will not be
> enforced. If the spouse is deceased or unable, the next named agent would
> be required to consent.
>
>
>
> Heather
>
>
>
> Heather S. de Vrieze
> *Attorney-at-Law*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
>
> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
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>
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Laura Latta
> *Sent:* Thursday, September 10, 2020 3:20 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Advance Health Care Directive contingent on spouse
> being unavailable?
>
>
>
> 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 Latta Law Office of Laura Latta PLLC*
>
> she/her
>
> Phone (206) 841-2344
>
> www.LauraLatta.com
>
> PO Box 82356
>
> Kenmore, WA 98028
>
>
>
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-- 


*Laura LattaLaw Office of Laura Latta PLLC*

she/her

Phone (206) 841-2344

www.LauraLatta.com

PO Box 82356

Kenmore, WA 98028



*NOTICE:  This communication may contain privileged or other confidential
information. If you have received it in error, please advise the sender by
reply email and immediately delete the message and any attachments without
copying it or disclosing its contents to others.*
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