Healthcare Directives and Living Wills in Washington
Estate planning is not only about property. It is also about making sure your medical wishes are known and honored if you cannot speak for yourself. Washington law provides several documents that work together to do exactly that: a health care directive (living will), a durable power of attorney for health care, and a HIPAA authorization. This guide explains each one. To make sure your wishes are properly documented, a Seattle living will lawyer at Latterell Law can prepare the full set as part of your estate plan.
The Health Care Directive (Living Will)
A health care directive, commonly called a living will, is a written statement of your wishes about life-sustaining treatment if you are ever in a terminal condition or permanent unconscious state. Washington’s Natural Death Act, Chapter 70.122 RCW, gives adults the right to direct in advance that life-sustaining treatment be withheld or withdrawn in those circumstances.
Your directive can address questions such as:
- Whether you want mechanical ventilation, dialysis, or other life-sustaining measures continued
- Whether you want artificially provided nutrition and hydration
- Your preferences about comfort care and pain management
A living will speaks only in narrow, serious circumstances. For every other medical decision you cannot make yourself, you need a person with authority to decide, which is where the next document comes in.
Durable Power of Attorney for Health Care
A durable power of attorney for health care, sometimes called a healthcare proxy, names an agent to make medical decisions for you whenever you are unable to make them yourself, whether temporarily or permanently. Your agent can consent to or refuse treatment, choose providers and facilities, and make decisions your living will does not cover, guided by your known wishes and best interests.
If you do not name a healthcare agent, Washington law supplies a default priority list of decision-makers, beginning with a guardian if one exists, then a spouse or registered domestic partner, then adult children, and so on. The default list may not match who you would actually choose, and disagreements among family members with equal priority can stall care. Naming your own agent, plus at least one alternate, keeps that choice in your hands. This document is the medical counterpart to the financial power of attorney covered elsewhere in this library.
HIPAA Authorizations
Federal privacy law restricts who can receive your medical information. A HIPAA authorization names the people, typically your healthcare agent, alternates, and close family, who may speak with your doctors and access your records. Without it, even a properly named agent can hit frustrating roadblocks, and loved ones may be left in the dark during a crisis. A well-built estate plan includes HIPAA authorizations coordinated with your other healthcare documents.
POLST Forms and End-of-Life Decisions
Washington also uses Portable Orders for Life-Sustaining Treatment (POLST), a form signed by you (or your surrogate) and your medical provider that translates your wishes into actual medical orders, such as whether to attempt resuscitation. POLST forms are designed for people with serious illness or frailty and complement, rather than replace, a health care directive. If end-of-life planning is on your mind, your attorney and physician can help you decide whether a POLST is appropriate.
Keeping Your Healthcare Documents Effective
A few practical points make the difference between documents that work and documents that sit in a drawer:
- Tell people. Give copies to your agent, alternates, and primary care provider, and discuss your wishes openly so no one is guessing.
- Coordinate the set. Your living will, healthcare power of attorney, and HIPAA authorization should name consistent people and reflect consistent wishes.
- Review after life changes. Divorce, a death in the family, a new diagnosis, or a move can all call for updates. Our guide on when to update your estate plan covers the common triggers.
Without these documents, families facing a medical crisis may end up in court seeking guardianship just to make basic decisions, a process described on our Seattle guardianship lawyer page.
Plan for Your Care Today
Latterell Law includes healthcare directives, healthcare powers of attorney, and HIPAA authorizations in the estate plans we prepare for Washington individuals and families. Founder Angel M. Latterell has helped clients plan for incapacity and end-of-life decisions with clarity and compassion since 2005. Contact Latterell Law today to schedule a consultation with a Seattle estate planning attorney.
