[WSBAPT] Urgent - testator with COVID isolated in hospital, hospital refusing to allow visitors

[Jeff Crollard]

I agree with the suggestions by Donna and Heather.  See also this recent DOH guidance at page 4.  Visitation is absolutely NOT limited to end of life situations.  Even when there's Covid in the area, visitors are allowed when essential for the patient's physical or emotional well-being or care.  I'd argue that for your client's emotional well-being-to complete his/her will-these people need to be allowed in, at least with Donna/Heather's practical work arounds.  And if the patient has family, further visits should be allowed per this guidance.

Jeff

Jeff B. Crollard
Crollard Law Office, PLLC
4616 25th Ave NE, #743
Seattle, WA 98105-4183
Phone:  206-468-2192
Fax:  206-260-7357
jbc at crollardlaw.com<mailto:jbc at crollardlaw.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Donna Calf Robe
Sent: Tuesday, November 2, 2021 4:20 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Urgent - testator with COVID isolated in hospital, hospital refusing to allow visitors

I had a hospital administrator agree that the attorney and witnesses could watch the client sign outside of the room through the window and the nurse would bring the will to client to sign.  And parties could communicate via telephone.
But unfortunately, the client died before arrangements were finalized.

Donna

Donna M. Calf Robe
Attorney
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x113
Fax: (206) 324-3106
e-mail:  donnac at brothershenderson.com<mailto:donnac at brothershenderson.com>
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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 Eric Nelsen
Sent: Tuesday, November 2, 2021 3:55 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Urgent - testator with COVID isolated in hospital, hospital refusing to allow visitors

Relaying on behalf of a family law colleague:

Client is in hospital with COVID in southern Washington. Hospital won't allow visitors "because he's not dying" but he's likely going onto a ventilator within next 24 hours. Atty can talk to the client by phone and can evaluate competency etc. but we're concerned about mechanics of getting the will executed. Needs the two witnesses, and no visitors are allowed in the room.

Who has dealt with this scenario? What's the practical way to get cooperation from the hospital to the extent needed to get the will executed by the client?

A call or email would be appreciated-thank you and thank you on behalf of our colleague who contacted me!

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

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