Attorney-Approved Washington Living Will Document

Attorney-Approved Washington Living Will Document

A Washington Living Will form, also known as an advance directive, is a legal document that allows individuals to outline their preferences regarding medical care in the event they are unable to make decisions for themselves due to illness or incapacity. This document serves as a crucial tool for communicating one's healthcare wishes to family members and healthcare providers, ensuring that the individual's preferences are respected even when they cannot voice them. For those ready to take this step in healthcare planning, a detailed guide to filling out the form can be accessed by clicking the button below.

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Many people wish to have a say in their medical treatment in the event they can't communicate their desires due to illness or incapacity. For residents of Washington state, the Living Will form provides a way to document these preferences. Often referred to as an advance directive, this legal document allows individuals to outline the medical care they wish to receive or refuse if they are unable to make decisions for themselves. It covers various situations, including terminal illness, permanent unconsciousness, and end-of-life care, ensuring that a person's healthcare wishes are respected even when they cannot voice them. Completing a Living Will is a proactive step towards personal autonomy, enabling individuals to control the types and extents of medical intervention they receive. This process not only gives peace of mind to the person creating the Will but also helps guide family members and healthcare providers in making difficult decisions during stressful times. By clearly outlining one's healthcare preferences, it can significantly reduce the burden on loved ones and ensure that medical treatment aligns with the individual's values and wishes.

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This Washington Living Will is designed to comply with the Washington Natural Death Act, RCW 70.122.030, allowing individuals to make decisions regarding their health care, including the refusal of life-sustaining treatment in the event they are unable to communicate their wishes due to a terminal condition or permanent unconsciousness.

Part 1: Information of the Maker

Full Name: ________________________________________________________

Date of Birth: _____________________________________________________

Address: __________________________________________________________

City: _______________________________ State: WA Zip: _______________

Phone Number: _____________________________________________________

Email Address: ____________________________________________________

Part 2: Health Care Directives

I, _________________________, being of sound mind, willfully and voluntarily make known my desire that my dying shall not be artificially prolonged under the circumstances set forth below. I hereby direct that, if I am in a terminal condition or in a state of permanent unconsciousness, and if my attending physician and one other physician have certified this condition in writing, the following preferences for care shall apply:

  1. Life-sustaining treatment should be provided in the following situations: __________________________________________________________________.
  2. Life-sustaining treatment should not be provided in the following situations: __________________________________________________________________.
  3. I do want artificially provided nutrition and hydration if my life can only be prolonged by such means.
  4. I do not want artificially provided nutrition and hydration if my life can only be prolonged by such means.
  5. Other wishes or instructions (if any): __________________________________________________________________.

Part 3: Appointment of Health Care Agent (Optional)

If I am unable to make my own health care decisions, I designate the following individual as my health care agent to make health care decisions for me, including decisions to provide, withhold, or withdraw life-sustaining treatment.

Name of Health Care Agent: ___________________________________________

Relationship to Me: __________________________________________________

Address: ____________________________________________________________

City: _______________________________ State: WA Zip: _________________

Alternate Health Care Agent (if primary agent is unable or unwilling to act):

Name: _______________________________________________________________

Relationship: ________________________________________________________

Address: ____________________________________________________________

City: _______________________________ State: WA Zip: _________________

Part 4: Signature and Witness

In witness whereof, I have executed this directive on the ______ day of ________________, ________.

Signature: __________________________________________________________

Printed Name: _______________________________________________________

This document must be signed in the presence of two qualified witnesses, who must also sign below.

Witness 1 Signature: _________________________________________________

Printed Name: _______________________________________________________

Date: _______________________________________________________________

Witness 2 Signature: _________________________________________________

Printed Name: _______________________________________________________

Date: _______________________________________________________________

NOTE: The witnesses must not be related to the declarer by blood, marriage, or adoption, must not be entitled to any portion of the declarer's estate, must not be responsible for the declarer's medical debts, and must not be operators, employees, or agents of a health care facility in which the declarer is a patient or resident.

Form Specifications

Fact Detail
1. Purpose Allows individuals to detail their wishes regarding medical treatment in the event they become unable to communicate.
2. Also Known As Advance Directive or Health Care Directive
3. Governing Law Chapter 70.122 RCW, Washington Natural Death Act
4. Effective Conditions Becomes effective when the individual is determined to be in a terminal condition or permanently unconscious by two physicians.
5. Witnesses Requires signature from two qualified witnesses or notarization to be legally valid.
6. Exclusions Witnesses cannot be related by blood or marriage, entitled to any portion of the estate, or directly responsible for medical bills.
7. Revocation Can be revoked at any time by the declarer through a signed and dated written statement, destruction of the document, or verbal expression of intent to revoke.
8. Copies Legal photocopies are as valid as the original document.
9. Registry Washington does not require but allows individuals to file their living will with a registry for ease of access by healthcare providers.

Detailed Steps for Filling Out Washington Living Will

Filling out a Washington Living Will form is a significant step in ensuring that your health care preferences are respected, especially during times when you may not be able to communicate your wishes. This document allows individuals to outline their desires regarding medical treatment and life-sustaining measures. The process may seem daunting at first, but following these clear, step-by-step instructions will help ensure that your living will accurately reflects your wishes and is legally binding.

  1. Begin by gathering any necessary information before you start filling out the form. This includes your full legal name, address, date of birth, and specific details about your health care preferences.
  2. Locate the correct Washington Living Will form. Ensure it is the latest version by checking the Washington State Department of Health's website or consulting with a legal professional.
  3. Read the instructions on the form carefully. Understanding each section thoroughly before writing can prevent mistakes and ensure your wishes are clearly communicated.
  4. Fill in your personal information in the designated sections. This typically includes your name, address, and any other identifying details required on the form.
  5. Specify your decisions regarding life-sustaining treatment. This could include instructions on the use of mechanical ventilation, artificial nutrition and hydration, and other life-prolonging medical interventions.
  6. Consider including a directive regarding pain management, expressing your wishes about receiving medication to relieve pain, even if such treatment might hasten death.
  7. If you desire, appoint a health care agent by completing the relevant section of the living will. This person will have the authority to make health care decisions on your behalf, in accordance with your stated wishes, should you become unable to make these decisions yourself.
  8. Review your decisions and the form thoroughly. It's crucial to ensure that all the information is correct and reflects your true wishes.
  9. Sign and date the form in the presence of two witnesses or a notary public, as required by Washington State law. This step is essential for the form to be legally valid.
  10. Inform your family, health care agent (if you've appointed one), and health care provider about your living will. Provide them with copies and consider discussing your decisions with them to ensure they understand your wishes.
  11. Keep the original signed copy of your living will in a safe but accessible place. Let your health care agent and a trusted family member or friend know where it is kept.

By completing these steps, you'll have successfully filled out your Washington Living Will form, providing clear instructions about your health care preferences. This document plays a critical role in helping ensure that your medical treatment aligns with your values and wishes, offering peace of mind to both you and your loved ones.

Understanding Washington Living Will

What is a Washington Living Will?

A Washington Living Will, known formally as an Advance Directive, is a legal document where individuals can express their wishes regarding medical treatment in the event they become unable to communicate those preferences themselves. It provides instructions on what life-sustaining treatments should or should not be applied if they are in a terminal condition or in a permanent unconscious state.

Who should have a Washington Living Will?

Any competent individual over the age of 18 can and should consider drafting a Washington Living Will. It's crucial for those who want to ensure their medical treatment preferences are honored, regardless of their current health status. Having a Living Will can provide peace of mind to both the individual and their family members.

How can one create a Washington Living Will?

Creating a Washington Living Will involves several steps:

  1. Understand the specific requirements and provisions allowed under Washington state law.
  2. Consider carefully what your preferences for treatment are in various scenarios, including terminal illness and permanent unconsciousness.
  3. Complete a Living Will form, which can be found online or obtained from a legal forms provider. Ensure that the language used accurately reflects your wishes.
  4. Sign the document in the presence of two qualified witnesses or a notary public to make it legally binding.

For a Washington Living Will to be legally valid, the document must be:

  • Signed by the individual (the declarant) who is of sound mind and at least 18 years of age or an emancipated minor.
  • Signed in the presence of two witnesses who are not related by blood or marriage, have no financial interest in the declarant’s estate, and are not directly involved in their healthcare, or acknowledged before a notary public.

Can a Washington Living Will be revised or revoked?

Yes, a Washington Living Will can be revised or revoked at any time by the declarant as long as they are competent. To revise it, the declarant must create a new document that meets all the legal requirements and reflects their current wishes. To revoke it, the declarant can destroy the original document, create a written and signed statement, or verbally express their intent to revoke in the presence of witnesses.

What happens if I don't have a Washington Living Will?

Without a Washington Living Will, decisions regarding your medical treatment will typically be made by your closest available relative or a legal guardian if you become incapacitated and unable to communicate your wishes. This situation can lead to uncertainty and conflicts among family members about what you would have wanted, potentially resulting in decisions that go against your preferences. Therefore, it's highly advisable to have a Living Will in place to ensure your healthcare wishes are known and respected.

Common mistakes

  1. Not specifying preferences clearly. When individuals fill out the Washington Living Will form, a common mistake is the failure to articulate their healthcare preferences in clear and unambiguous terms. This lack of clarity can lead to confusion among healthcare providers and family members about the type of care the person desires.

  2. Skipping over important sections. Often, people might rush through the process, overlooking critical sections that need their attention. Every part of the form serves a purpose, capturing different aspects of one’s healthcare wishes, including decisions about life support and organ donation.

  3. Failing to update the document. Healthcare preferences can change over time due to new information, personal experiences, or changes in health status. Many individuals make the mistake of treating the Living Will as a one-time task, not revisiting the document to update it as their circumstances or wishes evolve.

  4. Not discussing their wishes with family or healthcare agents. Completing a Living Will isn't just about documenting preferences; it's also about ensuring those who may need to enforce these wishes — like family members or a designated healthcare agent — understand them. Failing to have these discussions can lead to surprises or challenges during critical moments.

  5. Omitting the signature and date. A Washington Living Will is not legally binding unless it is signed and dated by the individual. This omission can render the document ineffective, leaving medical professionals without guidance during pivotal healthcare decisions.

  6. Not having the document witnessed or notarized, if required. Depending on the specific requirements in Washington State, the Living Will may need to be either witnessed or notarized to be considered valid. Ignoring these legal formalities can lead to questions about the document's authenticity and enforceability.

Documents used along the form

When preparing for the future, especially in terms of healthcare decisions, a Living Will is a crucial document that ensures your wishes are known and respected. However, to have a comprehensive plan in place, it's beneficial to include several other forms and documents alongside your Washington Living Will. This approach not only provides clarity about your health care preferences but also assists your loved ones and healthcare providers in making decisions that align with your wishes. Below is a list of other essential forms and documents often used in conjunction with a Living Will.

  • Durable Power of Attorney for Health Care: This document allows you to appoint someone you trust to make health care decisions on your behalf if you're unable to do so. Unlike the Living Will, which is generally limited to decisions about life-sustaining treatment, this power of attorney can cover a broader range of health care decisions.
  • Do Not Resuscitate (DNR) Order: A DNR order is a medical order that tells health care providers not to perform CPR if your breathing stops or if your heart stops beating. It's specifically intended for use in a medical setting and must be signed by a doctor.
  • Physician Orders for Life-Sustaining Treatment (POLST): Similar to a DNR, a POLST form provides medical orders about the treatment you want in emergency situations. It’s designed for those with serious health conditions and outlines preferences regarding resuscitation and life-sustaining treatments.
  • Medical Information Release/HIPAA Authorization: This form authorizes the disclosure of your health information to specified individuals, allowing your health care agent, family members, or friends to have access to your medical records and discuss your condition with your healthcare providers.
  • Organ and Tissue Donation Registration: By registering as an organ donor, you can provide consent for the donation of your organs and tissue after death. This decision can be documented through a registration form or noted on your driver’s license.
  • Advanced Mental Health Directive: This form specifies your wishes regarding mental health treatment and can include preferences for medications, hospitalization, and other psychiatric treatments. It's vital for individuals with mental health considerations.
  • Final Arrangements Document: This non-legal document outlines your wishes for your funeral, burial, or cremation, and can help your loved ones know your preferences and make arrangements accordingly.

Ensuring you have a comprehensive set of documents in place can alleviate the burden on your loved ones during difficult times and guarantee that your health care preferences are known and respected. Each document serves a unique purpose but, together, they create a thorough and effective healthcare directive. By considering the inclusion of these documents alongside a Washington Living Will, you are taking a significant step towards a well-rounded approach to future health care planning.

Similar forms

The Washington Living Will form is similar to other advanced healthcare directives, although it specifically allows individuals to outline their preferences for medical treatment should they become unable to make decisions themselves due to a terminal illness or incapacitation. Other documents with which the Washington Living Will shares attributes include the Healthcare Power of Attorney and the Do Not Resuscitate (DNR) order. Each serves a unique purpose in managing healthcare decisions, but they often complement one another in ensuring a person's medical care preferences are fully understood and respected.

Healthcare Power of Attorney: This legal document is akin to the Washington Living Will in its aim to ensure that an individual’s healthcare decisions are honored. While a Living Will specifies one's preferences regarding treatment types in situations of severe illness or incapacity, the Healthcare Power of Attorney appoints another person, termed the "agent," to make healthcare decisions on the individual's behalf. This distinction is important because the appointed agent can make decisions across a broader range of medical situations, not limited to end-of-life care. The agent's decision-making authority kicks in when the person who created the Healthcare Power of Attorney is deemed unable to make decisions for themselves.

Do Not Resuscitate (DNR) Order: A DNR is another document related to medical care preferences, with a narrower focus compared to the Washington Living Will. It specifically instructs medical personnel not to undertake CPR (cardiopulmonary resuscitation) if a person's heart stops beating or they stop breathing. The DNR is often used by individuals with a terminal illness or those who believe that such resuscitation efforts would not improve their quality of life. While a Living Will can include instructions similar to those in a DNR, the DNP is a separate, stand-alone order recognized by medical professionals in emergency situations.

Dos and Don'ts

When it comes to filling out the Washington Living Will form, it's essential to proceed with both caution and clarity to ensure your health care directives are accurately recorded and respected. Here’s a guide to help navigate this important document:

Do's:

  • Read the instructions carefully before you start. This ensures you understand the form's requirements and how to correctly express your wishes.

  • Use clear and precise language to describe your medical care preferences. Ambiguity can lead to confusion and misinterpretation of your intentions.

  • Consult with a health care provider if you have questions about medical terms or treatments mentioned in the form. Their insights can help you make informed decisions.

  • Discuss your decisions with family members or close friends. Sharing your wishes can help prevent conflict and ensure your intentions are understood.

  • Have the document officially witnessed and/or notarized if required by state law. This step lends credibility to your living will and ensures it is legally binding.

  • Keep the original document in a safe but accessible place, and give copies to your health care agent, family members, and primary care doctor. This ensures that your directives are readily available when needed.

Don'ts:

  • Don't leave any sections blank. If a section does not apply, write "N/A" (not applicable). This prevents unauthorized persons from making unauthorized additions or alterations.

  • Avoid using vague terms or statements that might be open to interpretation. Be as specific as possible to ensure your wishes are clearly understood.

  • Don't forget to update your living will as needed. Changes in your health condition, medical advancements, or personal preferences may necessitate revisions.

  • Don't sign the form without thoroughly understanding all its implications. If something is unclear, seek clarification from a legal or medical professional.

  • Avoid keeping your living will a secret. Failing to communicate its existence and location can render it ineffective when it is most needed.

  • Don't rely solely on a digital copy. While having an electronic version is useful, a physical document is necessary to ensure compliance with legal standards.

Misconceptions

In discussing the Washington Living Will form, there are several misconceptions that people often have. Understanding these can help individuals make more informed decisions regarding their healthcare planning. Here is a clear explanation of common misunderstandings:

  • A living will is the same as a last will and testament. This is not true. A living will specifically addresses healthcare decisions, such as life support and end-of-life care, whereas a last will and testament deals with the distribution of an individual's property after their death.

  • Once completed, the living will cannot be changed. This is a misconception. Individuals can update or revoke their living will at any time as long as they are mentally competent to make these decisions.

  • Having a living will means you will not get medical treatment. This is incorrect. A living will only provides instructions for treatment preferences in situations where recovery is not expected, and it does not prevent receiving medical care in other situations.

  • A living will is only for older adults. This is not the case. Unexpected medical situations can happen at any age, and a living will is advisable for anyone who wishes to outline their healthcare preferences.

  • My family can override my living will. In Washington, the decisions documented in your living will are legally binding. While family members might offer input, healthcare providers are required to follow the wishes expressed in your living will.

  • You need a lawyer to create a living will. Though legal advice can be helpful, it is not a requirement. Washington provides resources and forms that individuals can complete on their own to establish a living will.

  • A living will takes effect as soon as it is signed. This is not entirely accurate. A living will only becomes effective when you cannot communicate your healthcare wishes due to incapacity.

  • Living wills are time-consuming and expensive to create. This is another misconception. The process can be straightforward and relatively simple, often requiring minimal time and potentially no cost, especially if utilizing state-provided resources and forms.

  • If you're healthy, you don't need a living will. Preparing for the unexpected is the main purpose of a living will. It provides peace of mind, knowing your healthcare preferences will be honored, regardless of health status at the time the will becomes relevant.

Understanding these misconceptions helps clarify the purpose and process of creating a living will in Washington. It allows individuals to take proactive steps in managing their future healthcare in a way that aligns with their wishes and values.

Key takeaways

Understanding the Washington Living Will form is crucial for ensuring your healthcare preferences are respected. Below are the key takeaways to guide you through the process:

  • Accuracy is paramount: Fill in the form with precise information. Mistakes can lead to misunderstandings about your healthcare wishes.
  • Legal witnesses or notarization may be required: Depending on your location within Washington, the form might need to be either witnessed or notarized. Check local requirements to ensure compliance.
  • Discuss with family and healthcare providers: Share your decisions with family members and your healthcare team. It's essential they understand your preferences.
  • Review and update regularly: Circumstances and preferences change. Review and potentially update your Living Will periodically to ensure it reflects your current wishes.
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