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

Tue Sep 15 16:39:23 PDT 2020

Thanks all for your feedback on this. It was helpful!

On Thu, Sep 10, 2020 at 5:07 PM Heather de Vrieze <
heatherd at westseattlelaw.com> wrote:

> 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*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
>
> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
> FB Logo]* <https://www.facebook.com/DeVriezeCarney>
>
>
>
> For the latest information regarding firm operations and to see
> precautions we are taking in light of the Coronavirus crisis please visit
> our firm’s website, www.WestSeattleLaw.com.
>
> 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 <
> 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>
> *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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>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> 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>
> *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*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
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>
> *Click here to connect with de Vrieze | Carney on Facebook:   **[image:
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> For the latest information regarding firm operations and to see
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> our firm’s website, www.WestSeattleLaw.com
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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
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> 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>
> *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?
>
>
>
>
>
>
>
> 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 <
> 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> 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://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lauralatta.com%2F&data=02%7C01%7C%7C9230f54af6164deb898c08d855e1efd1%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637353776171684145&sdata=YiWafLW0dZVit7%2FfC3P9%2Bn2jdeidur%2FL4%2FNkyw9lcKM%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* <info at lbrownlaw.com>
>
> *425-361-6286*
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-- 

*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.*
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