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

[Paul Neumiller]

But But But.  I am so confused.  Why even do this?!?!  I thought we were all trying to avoid the Terri Schiavo problem where her parents wanted Terri hooked up forever and he husband wanted to disconnect her.  If you state that the person declines to state a preference, then aren’t you defeating the purpose of a HCD?  What’s to stop all of the family members arguing on what to do now?


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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Laurel Brown
Sent: Thursday, September 10, 2020 3:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Advance Health Care Directive contingent on spouse being 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<mailto: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
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--
Laurel Brown
Attorney and Counselor at Law
5071 SW Waite St.
Seattle, WA  98116
info at lbrownlaw.com<mailto:info at lbrownlaw.com>
425-361-6286
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