[WSBAPT] Refusal of Consent for Care - Ventilator

[John J. Sullivan, Esq.]

I agree that the two conditions triggering the Natural Death Act are not yet present unless the patient is terminal or permanently unconscious. 

 

Then the question is whether the patient has legal capacity to withhold consent, right? If I were the client I would make sure I had a health care POA in place and had “the talk” with the AIF. It wouldn’t hurt to express these specific wishes in the “Supplemental” portion of the Advance Directive, being clear that it’s the patient’s wishes even if neither incapacitated nor terminal/permanently unconscious.

 

John J. Sullivan

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Rebecca King
Sent: Friday, January 15, 2021 8:32 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Refusal of Consent for Care - Ventilator

 

Interesting question, David.  RCW 70.122.030 (the advance directive statute) specifically applies to situations where someone is terminally ill or permanently unconscious.  We know COVID isn’t in itself a terminal diagnosis, and that folks with COVID who have gone on ventilators have come off of them.  So, I wouldn’t think RCW 70.122.030 would apply but I would love to hear other opinions.  And, with that caveat to the client, I would absolutely draft a document stating their wishes so that their decision makers and physicians can make an informed choice regarding ventilation.

 

Warmest regards,

Rebecca King

Attorney

  

Northwest Elder Law Group

2150 N. 107th Street, Suite 501

Seattle, WA 98133

Main: (206) 937-6102

Direct Line and Fax: (206) 866-6544

 

Providing Services in Elder Law

 

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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 David Faber
Sent: Thursday, January 14, 2021 4:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Refusal of Consent for Care - Ventilator

 

Colleagues:

 

A client has requested if there is a method by which they can proactively refuse consent to be intubated/placed on a ventilator, specifically in the case of covid. This seems to be a step preliminary to your typical advance directive, but I could always just add a provision directing that the principal does expressly refuse to consent to be intubated or otherwise placed on a ventilator. Before I do that, however, I am wondering if this rings any bells for other attorneys/if you have dealt with this issue and have any words of wisdom before I steam ahead with my presumed course of action. Any thoughts?


Thank you much!

 

Best,

David J. Faber

Faber Feinson PLLC

800 Polk Street, Suite B

Port Townsend, WA 98368
(360) 379-4110

 

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