[WSBAPT] Refusal of Consent for Care - Ventilator

[David Faber]

Thank you both. Yes, agreed that the preliminary conditions for the Natural
Death Act are not present with covid, even if one is being intubated. Tough
issue. I think I like John's recommendation and will follow that.

Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110

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On Fri, Jan 15, 2021 at 9:14 AM John J. Sullivan, Esq. <sullaw at comcast.net>
wrote:

> 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 <
> 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>
> *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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