A health care directive, also referred to as a living will, is a legal document that expresses an adult’s wishes regarding the life-sustaining measures he or she will be provided in the event the individual reaches a certain medical status.
1
Consider Whether you Want a Directive in Place
The directive will only be followed after an individual is diagnosed in writing to be in a “terminal condition” by the attending physician, or in a ““permanent unconscious condition” with no reasonable hope of recovery by two physicians. Therefore, anyone with wishes regarding how they will be treated if they are diagnosed to be in such conditions should complete a Health Care Directive.
In the health care directive, the individual directs whether or not he or she would like life-sustaining treatment to be withheld or withdrawn in these circumstances, and whether he or she will receive artificially provided nutrition and/or hydration. Other directives — for example, whether you would want a respirator — also can be included in the document.
2
Execute a Health Care Directive
Have a Health Care Directive drafted for you that contains the Washington State recommend language, an attorney can also help you to include more detailed provisions regarding your care in the directive.
To prevent malfeasance, the declarer must sign the document in the presence of two non-related witnesses who are not at the time entitled to any portion of the declarer’s estate by operation of will or law, or who do not have a claim against the declarer’s estate. In addition, attending physicians, their employees and the employees of the health care facility in which the declarer is a patient cannot witness the directive.
3
Ask for the Health Care Directive to be Placed in Your Medical Records
When created, both forms should become a part of the patient’s health record, preferably the first page. Both documents can be recorded free of charge with the Washington State Living Will Registry and conveniently retrieved by designated individuals in the event that an individual’s forms cannot be located.
The Living Will Registry is maintained by the Department of Health. If documents are submitted to the registry, the registry will mail a confirmation letter with a wallet card with the registrant’s name, registration number and emergency contact information, as well as registry stickers for the user’s identification and insurance cards.
4
A Health Care Directive Can be Revoked at any Time
A person may revoke a health care directive or POLST form at any time. The best practice is to notify health care providers, family members and the attorney in fact, and to destroy or void the revoked forms and all copies. However, oral revocation is acceptable.
To encourage regular review of the documents, individuals can keep the document or a copy near their tax documents and read over them once a year, or as health conditions change, to make sure that the documents are still aligned with their wishes.
Comments - add comment