[WSBAPT] Health Care Directive - Witnesses

Margaret Delp delp at whidbey.net
Wed Apr 20 13:38:40 PDT 2022


I do not have witnesses for Health Care Directives, but just notarize the Declarer’s signature as permitted by RCW 70.122.030. I also notarize the Durable Powers of Attorney. 

 

From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Heather de Vrieze <heatherd at westseattlelaw.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Wednesday, April 20, 2022 at 1:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Health Care Directive - Witnesses

 

I do not have a notary on these, but notarize the Powers of Attorney (health care and general). 

 

Here is my declaration language:

Each of the undersigned declares under penalty of perjury under the laws of the State of Washington on this ________ day of April, 2022, at Seattle, Washington, that the following is true and correct: 

 
The Declarer has been personally known to me and I believe her to be capable of making health care decisions;
I am not 
           (a) related to the Declarer by blood, marriage, or adoption;

(b) entitled to any portion of Declarer’s estate upon Declarer’s death under any will or codicil of Declarer or by operation of law;

            (c) Declarer’s attending physician;

            (d) an employee of the attending physician or health facility in which Declarer is a patient; or

(e) any person who has a claim against any portion of the estate of Declarer upon Declarer’s death, and;
I believe that the Declarer signed the foregoing Health Care Directive willfully and voluntarily.
 

 

Witness: __________________________________________________________

 

 

Witness: __________________________________________________________

 

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 

Click here to connect with de Vrieze | Carney on Facebook:   

 

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Wednesday, April 20, 2022 10:54 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Health Care Directive - Witnesses

 

Colleagues,

 

In reviewing my form for a Living Will / Health Care Directive, I’m curious as to the language my colleagues are using for witness attestations.  Would anyone be willing to share their language?  Do you have them notarized (as you would with a last will and testament) even though it’s not legally required?  Just to give a belt and suspenders, so to speak?`

 

Thank you,

 

Inge A. Fordham | AttorneyFordham Law, PLLC3218 Sixth Avenue | Tacoma, WA 98406Office: (253) 348-2657 | Mobile: (206) 778-3131www.fordhamlegal.com

 

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