Expert Advice When You Need It Most

Health Care Directives (Living Wills)- The Basics

Reputation Level 6

Posted almost 3 years ago. Applies to Washington, 0 helpful votes, 0 comments

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.

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 âterminal conditionâ by the attending physician, or in a ââpermanent unconscious conditionâ 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care directive, the individual directs whether or not he or she would like life-sustaining treatment to be withheld or withdrawn in these circumstances, and whether he or she will receive artificially provided nutrition and/or hydration.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 â for example, whether you would want a respirator â also can be included in the document.

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 declarerâs estate by operation of will or law, or who do not have a claim against the declarerâs 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.

Ask for the Health Care Directive to be Placed in Your Medical Records

When created, both forms should become a part of the patientâs 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 individualâs 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 registrantâs name, registration number and emergency contact information, as well as registry stickers for the userâs identification and insurance cards.

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.