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

[Laura Latta]

Josh, Yes of course the spouse will be the Medical POA.

On Thu, Sep 10, 2020 at 4:04 PM Josh Grant <jgrant at accima.com> wrote:

> 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*
> [image: advocates]
> 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 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.*
>> ***Disclaimer: Please note that RPPT listserv participation is not
>> restricted to practicing attorneys and may include non-practicing
>> attorneys, law students, professionals working in related fields, and
>> others.***
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
>
>
> --
> Laurel Brown
> *Attorney and Counselor at Law*
> *5071 SW Waite St.*
> *Seattle, WA  98116*
> *info at lbrownlaw.com*
> *425-361-6286*
>
> ------------------------------
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt



-- 


*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.*
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200910/d9924f11/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: advocates[3].png
Type: image/png
Size: 7674 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200910/d9924f11/advocates3.png>