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A Washington living will is commonly referred to as a healthcare directive form. The health care directive is a legal document governed by Washington state law. This document explains your wishes if you are unable to voice your decisions related to medical care and end-of-life care because of a permanent unconscious condition, terminal condition, or an incurable injury or medical condition. Some of the medical decisions you may want to include are surgical treatments, whether you have a do not resuscitate order (DNR), and the application of life-sustaining treatments as well as their withdrawal. This may include, but is not limited to, artificial hydration and nutrition. You may also wish to list whether you are an organ donor.
A Washington living will also names a health care agent who will make your medical decisions during that time. Your agent cannot be your doctor, an employee of your doctor, or someone who owns or works for a healthcare facility where you are a patient or a resident. A Washington living will should be signed in front of two witnesses.
A living will is an important document that makes a difficult time easier for your family members and other loved ones. It does not work in the same manner as a power of attorney or a durable power of attorney. A regular power of attorney loses its effectiveness if you are declared incapacitated by physician order. Although a durable power of attorney would allow your agent to continue to make even mental health decisions as well as medical decisions on your behalf after you are incapacitated, it does has its limits. Your agent will not be able to make end-of-life decisions on your behalf.
RCW 70.122.010, et seq.: The Natural Death Act allows competent adults to create an advance directive to express their desires for medical care, including whether they would like to withdraw or withhold artificial nutrition and hydration. Witnesses to the declarant’s signature may not be related to the declarer. A copy of the completed document should be kept in the medical record.
A living will is not the only document used to get your affairs in order. You should also create a Washington last will and testament.
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