[WSBAPT] Advance Health Care Directive contingent on spouse being unavailable?
Paul Neumiller
pneumiller at hotmail.com
Thu Sep 10 17:21:22 PDT 2020
Yep. Got it. Have a great (clean air) evening.
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Thursday, September 10, 2020 5:02 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Advance Health Care Directive contingent on spouse being unavailable?
I would not have them decline to state a preference. I was not advocating this position, but the general position of having a directive and clearly identifying who has authority exercise it when the time is right.
Heather S. de Vrieze
Attorney-at-Law
[cid:image002.jpg at 01D68796.CCA33320]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
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If I am sick, I will stay home, I ask you to do the same.
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Paul Neumiller
Sent: Thursday, September 10, 2020 4:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Advance Health Care Directive contingent on spouse being unavailable?
“The key is who the named agent is, and empowering them to be the advocate for the patient’s wishes.”
If the dying person declines to state a preference in a HCD then how does another person advocate the dying person’s wishes?
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IMPORTANT NOTICE: This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Heather de Vrieze
Sent: Thursday, September 10, 2020 4:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Advance Health Care Directive contingent on spouse being unavailable?
With a carefully drafted Health Care Durable Power of Attorney, empowering the agent to deliver and interpret any advance directive, it is clear who gets to decide that “it’s time” or not.
I would not put language in the directive itself. In fact, I generally have clients execute very standard medical directives and put together additional instructions for their agents as circumstances warrant, from 5-wishes to special dementia directives or directives about feeding being withheld for clients who may have feeding tubes.
The key is who the named agent is, and empowering them to be the advocate for the patient’s wishes.
Heather
Heather S. de Vrieze
Attorney-at-Law
[cid:image011.jpg at 01D68796.CCA33320]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.westseattlelaw.com%2F&data=02%7C01%7C%7C0bb705558c9f45b53db908d855e68485%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637353795841760647&sdata=jynmANiYhS40FmO7M7eIP18Q%2FJU5ankgWRkOpmlUcvY%3D&reserved=0>
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If I am sick, I will stay home, I ask you to do the same.
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information. If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Paul Neumiller
Sent: Thursday, September 10, 2020 4:14 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Advance Health Care Directive contingent on spouse being unavailable?
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?
[cid:image021.jpg at 01D68796.CCA33320]
IMPORTANT NOTICE: This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.
E-mail communication on the Internet may NOT be secure. There is a risk that this confidential communication may be intercepted illegally. There may also be a risk of waiving attorney-client and/or work-product privileges that may attach to this communication. DO NOT forward this message to a third party. If you have any questions regarding this notice, please contact the sender.
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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
www.LauraLatta.com<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lauralatta.com%2F&data=02%7C01%7C%7C0bb705558c9f45b53db908d855e68485%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637353795841780632&sdata=ixfbEXeOBNJB6ADC5Hc23mjmkbHcU5cYh%2BDJfPVVZKU%3D&reserved=0>
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<mailto:info at lbrownlaw.com>
425-361-6286
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