[WSBARP] Estate Planning Question

[Rod Harmon]

What provision of the Act says a person with Alzheimer’s is not considered mentally competent?

 

People with dementia or Alzheimer’s can live for many years, so they are not terminally ill.  You are correct that the act only applies to terminally ill patients.

The Act does not permit a patient to delegate the decision or the act of administration of the drug.  

 

 

Rod Harmon

 

RODNEY T. HARMON

       Attorney at Law

         P.O. Box 1066

      Bothell, WA   98041

     Tel:   (425) 402-7800

     Fax:  (425) 458-9096

     <http://www.rodharmon.com> www.rodharmon.com

    <mailto:rodharmon at msn.com> rodharmon at msn.com

 

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kim Sandher
Sent: Tuesday, January 5, 2016 1:50 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Estate Planning Question

 

Hello All,

 

I have a client that I'm drafting estate planning documents for. She wants to use the Death with Dignity Act in the event that she has dementia or Alzheimer's. It is my understanding that the Act wouldn't allow for this. 

 

According to the Death with Dignity Act, only a mentally competent, terminally ill patient with less than six months to live can request lethal doses of medication. Under this act, persons with dementia do not qualify for the act because they are considered mentally incompetent. 

 

Is there any way for someone to assign the duty of requesting life-ending medication to someone else in the event that they suffer from dementia? For example through a power of attorney or directive to physician document? 

 

Thanks in advance,

Kim

 

 




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