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Why You Should Sign a Living Will aka Directive to Physicians

  • By: Christopher Benson
  • Published: October 24, 2013
Chris and Logan of the Law Offices of Christopher A. Benson

A living will, also called a health care directive, can state your wishes about life-sustaining treatment in the circumstances covered by Washington law. It differs from a durable power of attorney for health care, which names an agent to make authorized health care decisions. Sources: RCW 70.122.030; RCW 11.125.240(1)(l).

An accident could happen at anytime. We see the reports everyday on multiple media outlets.

You have car insurance, right? Why do you have car insurance? You have car insurance in case something unexpected happens to protect your car.

Well…if you are willing to take steps to protect a “thing” in case something unexpected happens, Why don’t you also take steps to protect what is really more important….YOU!

Advance planning gives you time to consider your wishes and discuss them with your attorney and health care providers. Review your documents when your wishes or circumstances change.

Planning documents and medical orders:

  • Living Will. A Washington health care directive can state your wishes about withholding or withdrawing life-sustaining treatment if you have a terminal condition or permanent unconscious condition, subject to the required medical determinations. It is not a general instruction for every emergency and does not itself appoint a decision-maker. Source: RCW 70.122.030(1)-(2). Just like a pregnant woman would not wait until the baby is coming to make vital decisions about her birth, you want to make these decisions while you are healthy and able to research and consider all your options with no time limit.
  • Medical Power of Attorney. This document designates an individual that you choose to make medical decisions for you if you can’t make them yourself. This person will be making decisions that effect your life or death, so you want to choose someone mature and levelheaded, not overly emotional or easily stressed. They should understand your medical wishes and what kind of quality of life you desire. They don’t need to be a family member, and they don’t necessarily have to live near you.
  • DNR. A do-not-resuscitate (DNR) order directs that CPR not be attempted when you have no pulse and are not breathing. It is a medical order, not the same document as a living will. In Washington, Portable Orders for Life-Sustaining Treatment (POLST) can record resuscitation and other treatment preferences as portable medical orders. Discuss appropriate orders with your treating clinician; a living will and a POLST serve different purposes. Sources: Washington Department of Health: POLST; Washington State Board of Nursing: POLST medical orders.

Over the past 34 years, the Law Offices of Christopher A. Benson has helped clients with estate planning. Contact our Federal Way office for a free initial consultation to discuss your goals and planning options.

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