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An advance directive in Washington is a written document voluntarily created by the declarant. This document outlines the declarant's healthcare decisions, particularly regarding the withholding or withdrawal of life-sustaining treatments.
Additionally, an advance directive can include a living will that addresses medical decisions in terminal states and a durable power of attorney for healthcare (also known as a medical power of attorney), which appoints an agent to make healthcare decisions on the declarant's behalf.
These documents are crucial for advance care planning and ensure that a person's medical preferences are respected.
Signing Requirements for Washington Advance Health Care Directive
Under Section 70.122.030 of the Revised Code of Washington, the signing requirements for health care advance directives (such as those directing the withholding or withdrawal of life-sustaining treatment) are outlined to ensure the validity and integrity of the document.
Signing Requirements Washington
Here's a breakdown of the provision:
The individual (the “declarer”) must sign the directive.
The signature can either be made in the presence of two witnesses or acknowledged before a notary public or other authorized individual who is allowed to take acknowledgments.
If the directive is signed in the presence of two witnesses, these witnesses must meet specific criteria:
They must not be related to the declarer by blood or marriage.
They must not be entitled to any portion of the declarer's estate (either by will or law).
The attending physician, employees of the attending physician, or employees of the health facility where the declarer is a patient cannot act as witnesses.
Witnesses should not have any claims against the declarer's estate.
Washington Advance Health Care Directive Revocation & Changing
Washington advance directive becomes effective when the declarer is unable to make or communicate health care decisions for themselves. This typically occurs when the principal is incapacitated due to a medical condition, such as being unconscious, suffering from severe cognitive impairment, or otherwise deemed unable to understand decisions about their medical care.
According to Section 70-122-040, an advance directive for health care can be revoked at any time, regardless of the declarer’s mental state or competency, using these methods:
Revocation & Changing
The declarer cancels, tears, or destroys the advance directive.
A signed and dated written statement is required to express intent to revoke.
The declarer verbally expresses intent to revoke.
For directives stored in the state’s health care declarations registry, revocation can be done using an online method provided by the Department of Health.
The attending physician must document all revocation communications in the patient’s medical record.
Additional Legal Considerations for Washington Advance Health Care Directive
According to Section 70.122.070, creating or using a health care advance directive will not affect life insurance. Insurance policies cannot be canceled, altered, or invalidated because life-sustaining treatment was withheld or withdrawn, even if the policy states otherwise.
Additionally, healthcare providers or insurers cannot force someone to sign an advance directive form as a condition to receive care or insurance coverage.
How to Choose a Health Care Agent in Washington
Choosing a Washington health care proxy requires making sure it’s someone you trust to make medical decisions when you’re unable to do so. The agent must be at least 18 years old and capable of understanding and respecting your wishes.
Consider someone reliable, calm under pressure, and willing to act in your best interest.
Legally, your agent cannot be your health care provider or an employee of your care facility unless they are a close relative.
What Happens if You Don’t Have an Advance Directive in Washington?
If you don’t have an advance directive in Washington, your loved ones will have to make healthcare decisions on your behalf without explicit instructions. While they may try to follow any verbal instructions you've expressed, there is no guarantee that these decisions will align with what you would have wanted.
Without written guidance, there is a risk of confusion, disagreement, or decisions that don't reflect your true preferences, potentially leading to unwanted medical interventions or delays in care.