[WSBAPT] Advance Health Care Directive contingent on spousebeing unavailable?

[Josh Grant]

why can’t you just make the spouse the medical P of A and then name an alternate if she is is unavailable or unable?

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Laurel Brown 
Sent: Thursday, September 10, 2020 3:50 PM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] Advance Health Care Directive contingent on spousebeing unavailable?

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 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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-- 

Laurel Brown 
Attorney and Counselor at Law
5071 SW Waite St.
Seattle, WA  98116
info at lbrownlaw.com
425-361-6286


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