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

[Laurel Brown]

Hello Laura,

I do not know if this fulfills your need, but what I have done for clients
in the past who want their Healthcare POA to make the decisions re.
advanced healthcare directive, I have added the following to the advanced
healthcare directive document:

(      )  If I initial here I DECLINE to make a decision and leave the
decision to my Healthcare Durable Power of Attorney.


Best,


Laurel Brown

On Thu, Sep 10, 2020 at 3:23 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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-- 
Laurel Brown
*Attorney and Counselor at Law*
*5071 SW Waite St.*
*Seattle, WA  98116*
*info at lbrownlaw.com <info at lbrownlaw.com>*
*425-361-6286*
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