What is an Advance Healthcare Directive Washington?

An Advance Directive is a legal-written document about your future medical care. It is a gift to family members and friends so that they won't have to guess what you want if you no longer can speak for yourself.

Does an attorney have to draft an advance directive in Washington?

The procedure of creating advance directives is simple, you do not require an attorney though you may choose to consult one. However, an advance directive either it is written or oral needs to be witnessed by two individuals.

Who makes medical decisions if you are incapacitated in Washington?

Under Washington law, incapacity means when a physician declares that the individual can longer give informed consent. Any person may designate someone to make health care decisions on their behalf should they become incapacitated in Washington.

What are the 2 major challenges with advance directives?

Advance directives have limitations. For example, an older adult may not fully understand treatment options or recognize the consequences of certain choices in the future. Sometimes, people change their minds after expressing advance directives and forget to inform others.

How do I get a medical power of attorney in Washington?

It is the same as creating a document of Advance Directive. Firstly, choose Your Surrogate/Acting Agent, be specific on what decisions your Power of Attorney can make for you, and fill out your Washington Medical Power of Attorney Form. Lastly, sign your document before subscribing to witnesses and a Notary Public.

Advance Directive Washington

When a person chooses to make a Living Will, along with the Medical Power of Attorney, these two legal documents become an Advance Directive.

An Advance Directive may include your sign, names of witnesses, their signatures, etc. in adherence to your state’s requirements. Every state has different requirements to be followed. Some states ask for witnesses and notaries, others look for different criteria to be followed.

Likewise, some states consider Living Will and Advance Directive as different and separate documents, whereas others consider both documents the same. In some states, Living Will and Advance Directive are used interchangeably.

In this article, you will get a complete guide for making an Advance Directive for Healthcare in Washington. ‍

Legal Requirements for a valid Advance Directive

Written by the grantor (maker of an Advance Directive): Yes
Grantor must be:

Above the age of 18 years: Yes
Sound mind and memory: Yes

Signed by the grantor: Yes/any other person on his behalf
Signed by Attorney-in-fact/Agent: No
Attorney-in-fact/agent accepts his role in writing: No
Witness required: Yes
Number of witnesses: 2
Signed by the witnesses: Yes
Number of documents required: 1
Other names for a Living Will in Washington: Health Care Directive
Other names for a Healthcare Power of attorney in Washington: Durable Power of Attorney for Health Care
Proxy can decide on mental health issues: No

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Who can be your witnesses in the Washington Advance Directive?

Anyone can be your witness in Washington if;

He is an adult i.e., above 18 years of age, and
He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Your witnesses cannot be:

the healthcare provider or employee of a healthcare facility where you’re receiving care,
a person related to you by blood or marriage,
a person entitled to a share in the estate on your death or entitled to any claim/benefit on your death,
a person entitled to a right to or interest in your personal property upon your death, or
a person who is not interested in receiving your organs at death.

Who can be your Attorney-in-fact in the Washington Advance Directive?

Anyone can be your Attorney-in-fact/Agent in Washington if;

He is an adult i.e., above 18 years of age, and
He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Who cannot be your Attorney-in-fact/Agent:

your supervising health care provider/his employee, or
if you are receiving care at a community care facility/residential care facility then its operator/administrator, owner, or its employee.

Unless, such person is related to you by blood, marriage, or adoption or your state registered domestic partner.

Other than the above legal requirements, the Attorney-in-fact/Agent should be:

Trustable to adhere to your wishes and intentions.
Trustable to defend you if there’s any disagreement about your medical care.
He wanted to be your Attorney in Fact of his own free will to take care of your health affairs.
He should not be your doctor or one of the caretakers.

Note: You can appoint an Alternate Proxy as well. The alternative Proxy/Agent will step in if the first person you name as a proxy is unable, unwilling, or unavailable to act for you or if you decide to revoke his authority.

Notarization required for Washington Advance Directive?

You can either get an Advance Directive executed by signing the form in presence of the witnesses or get your signature notarized by signing an acknowledgment in front of the public notary.

Learn about the requirements of Washington Last Will and Testament and Washington Last Will and Testament Template.

When does an Advance Directive come into effect in Washington?

In Washington, an Advance Directive becomes legally binding but doesn’t come into effect on signing the form by the grantor, proxy, and witnesses. An Advance directive comes into effect only when the doctor declares that you are incapable of deciding on your behalf and have become debilitated due to illness or injury.

Note: Your Washington Advance Directive will not be effective in any medical crisis or emergency. Ambulance and hospital emergency department personnel are required to provide cardiopulmonary resuscitation (CPR) unless they are given a separate directive that states otherwise.

How can an Advance Directive be revoked?

You can revoke or terminate your Washington Advance Directive anytime by:

A written revocation,
An oral revocation,
Tearing, burning, obliterating, and destroying the document in any other way or directing another person to do the same on your behalf,
Executing a new Advance Directive.

Note: Revocation of the Advance Directive will be effective once you communicate and convey it to your doctor/attending physician and your attorney-in-fact.

How to amend or change an Advance Directive?

You can make changes or amend your Advance Directive at any time in Washington but once you have signed and witnessed/notarized it you have to complete a new document with the required changes. It is recommended to go through, double-check, and make sure of everything before signing the Advance Directive.

Washington rules for pregnancy after making your Advance Directive

The Washington Advance Directive will not be effective during the course of pregnancy. That means a pregnant patient’s Washington Declaration will not be honored if it is possible that the fetus could develop to the point of live birth with continued application of life-sustaining treatment.

Sections of the Washington Advance Directive Form

Section 1: Appointment of attorney in fact

You can fill this form out and provide all the details. This section allows you to appoint the Healthcare Attorney-in-fact/Agent and fill in his information along with the instructions for him to follow.

Washington Advance Directive Sample Form

SECTION 1: DURABLE POWER OF ATTORNEY FOR HEALTH CARE

I understand that my wishes as expressed in my advance directive may not cover all possible aspects of my care if I become incapacitated.

Therefore, I, _________________________________________________, as principal, designate and appoint the person(s) listed below as my attorney-in-fact for health care decisions. First Choice:

Name: ______________________________________

Address: ____________________________________ City/State/Zip Code: ___________________________ ___________________________________________

Telephone Number: ___________________________

If the above person is unable, unavailable, or unwilling to serve, I designate:

Second Choice:

Name: _____________________________________

Address: ____________________________________ City/State/Zip Code: ___________________________ ___________________________________________

Telephone Number: ___________________________

Section 2: Healthcare Directive/Declaration (Living Will)

This section states your wishes regarding medical care when your doctor determines that either:

that you are terminally ill and to prolong artificially your life you would need artificial life-sustaining procedures or your death will occur with or without the use of life-sustaining procedures, or
that you are in a persistent vegetative state.

Washington Advance Directive Sample Form

SECTION 2: DECLARATION

Directive made this _______ day of ____,____.

(date) (month) (year) I,________________________, (name) having the capacity to make health care decisions, willfully, and voluntarily make known my desire that my dying shall not be artificially prolonged under the circumstances set forth below, and do hereby declare that:

(a) If at any time I should be diagnosed in writing to be in a terminal condition by the attending physician, or in a permanent unconscious condition by two physicians, and where the application of life-sustaining treatment would serve only to artificially prolong the process of my dying, I direct that such treatment be withheld or withdrawn, and that I be permitted to die naturally.

(b) In the absence of my ability to give directions regarding the use of such life-sustaining treatment, it is my intention that this directive shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and I accept the consequences of such refusal.

_____ I DO want to have artificially provided nutrition and hydration.

_____ I DO NOT want to have artificially provided nutrition and hydration.

…

(g) I make the following additional instructions regarding my care: _____________________________________________________ _____________________________________________________

Section 3: Donations of Organs at death

Washington Advance Directive Sample Form

SECTION 3: DONATIONS OF ORGANS AT DEATH

_____ I do not want to make an organ or tissue donation and I do not want my attorney-in-fact, other agent, or family to do so.

_____ I have already signed a written agreement or donor card regarding organ and tissue donation with the following individual or institution:

Name of individual/institution:_____________________

_____ Pursuant to Washington State law, I hereby give, effective on my death (initial one):

_____ Any needed organ or parts.

_____ The following part or organs listed below:

For (initial one):

_____ Any legally authorized purpose.

_____ Transplant or therapeutic purposes only.

Section 4: Execution

You must sign in the presence of two witnesses. The details of the witnesses along with their signs are also required.

Washington Advance Directive Sample Form

SECTION 4 : EXECUTION

Alternative No. 1: Sign before 2 witnesses

I (your name), sign this Directive voluntarily.

I understand the choices I have made and declare that I am emotionally and mentally competent to make this Directive.

My signature on this form revokes any living will or power of attorney form, naming a health care agent, that I have completed in the past.

Date: Signature: City, County, and State of Residence

I have witnessed the signing of this Directive, I am 18 years of age or older, and I am not:

WITNESS 1 SIGNATURE: ___________________________ Date: _______

Printed name: ___________________________________

WITNESS 2 SIGNATURE: ___________________________ Date: _______

Printed name: ___________________________________

Alternative No. 2: Sign before a notary public

I understand the choices I have made and declare that I am emotionally and mentally competent to make this Directive.

My signature on this form revokes any living will or power of attorney form, naming a health care agent, that I have completed in the past.

Date: Signature: City, County, and State of Residence

NOTARY SEAL:______________________________

Date:_________

Printed Name:_______________________________

Give photocopies of the signed original to your agent and alternate agent, doctor(s), family, close friends, clergy, and anyone else who might become involved in your health care. If you enter a nursing home or hospital, have photocopies of your document placed in your medical records.

Be sure to talk to your agent(s), doctor(s), clergy, family, and friends about your wishes concerning medical treatment. Discuss your wishes with them often, particularly if your medical condition changes.

Frequently Asked Questions

Jennifer Mcgee

Parent to five young children. Estate Planning, Probate, and Family Law Attorney. Volunteer with Victim’s Advocates in the local sheriff's department...