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Issues Defining a Medical/Legal Decision-Maker when no Living Will or Medical Power of Attorney Exists

Our Situation

This topic is a challenge to discuss in so many ways. Many people are uncomfortable planning for their own death or long-term care. In addition, this topic requires us to strike a balance between our desire to share our experience so that others may find helpful information, and both personal and legal needs for privacy. In this post we will attempt to explain our situation and what we have looked into to remedy the issues involved.

Diana has a last will and testament in place, however that does not function as a living will. The distinction being that “while a last will directs the distribution of assets after a person’s death, a living will gives directions regarding the medical care of someone who is still alive although unable to communicate her wishes herself” (Legal Zoom). We had pursued a medical power of attorney, however Diana had not completed the process before her trip. “A medical power of attorney, also called a durable power of attorney for health care, is one type of the legal forms called advance directives. It lets you name the person you want to make treatment decisions for you if you can’t speak or decide for yourself. The person you choose is called your health care agent” (Kaiser Permanente). We absolutely recommend having a medical power of attorney and/or a living will in place, especially prior to a trip taken by any person with health issues. The legal framework for medical decision-makers does not cover the financial, and legal aspects of the issues you may run into otherwise.

Continue reading “Issues Defining a Medical/Legal Decision-Maker when no Living Will or Medical Power of Attorney Exists”

Information Sessions for Lay Guardians

Original LInk | Washington Courts

Join a Zoom information session about guardianship and alternatives! No advance registration required. Open to anyone interested in learning about guardianship law in Washington. These sessions include an informal question and answer portion, and are offered every month.

**NEW – Introduction to Guardianship/Conservatorship, Alternatives to Guardianship/ Conservatorship and Overview of the Petitioning Process – RECORDED VERSION with text is available. Please scroll down the page to click on the module.
*Please note rescheduled date for session below

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All forms Related to Guardianships, Conservatorships, or Other Protective Protective Arrangements (excluding Minor Guardianship)

Original Link | Courts.Wa.Gov
Title 11(RCW

All the necessary documents to file a guardianship or conservatorship are available for download here, follow the Original Link for the download links.

Continue reading “All forms Related to Guardianships, Conservatorships, or Other Protective Protective Arrangements (excluding Minor Guardianship)”

In Washington, who makes your medical decisions if you can’t?

Original Link | On Behalf of Parr Price Law, PS | Aug 31, 2021 | estate planning

When preparing for end-of-life and long-term health care decisions, there are two main tools available: Medical powers of attorney and living wills. 

What if you have neither of those at a critical medical moment when you’re suddenly unable to speak for yourself? If neither a power of attorney nor a living will is in place, Washington State has a legal hierarchy that dictates who can make healthcare decisions on your behalf.

9 levels of priority in Washington

According to the Washington State Hospital Association, there are nine tiers of possible decision-makers when a medical power of attorney is not appointed. This is also in the absence of an advance directive that the patient made, which outlines their wishes regarding health care and end-of-life decisions. The hierarchy is as follows:

  • Legal guardian, if the patient is a minor
  • Spouse or domestic partner of the patient
  • Children of the patient who are at least 18 years old
  • Parents of the patient
  • Siblings of the patient who are at least 18 years old
  • Grandchildren of the patient who are at least 18 years old
  • Nephews and nieces of the patient who are at least 18 years old
  • Uncles and aunts of the patient who are at least 18 years old
  • A close friend of the patient who is at least 18 years old (although special stipulations apply to this last category)

Proactively undergoing comprehensive estate planning can help to avoid the decision-making power falling onto someone who may not be prepared to handle the job. When planning for long-term medical and end-of-life decisions, it can be helpful to have professional guidance that is experienced in estate planning in Washington State. 

Filing for Guardianship in WA: Steps to Protect Your Family

Original Link | Trucelaw.com | Posted on March 19, 2019.

This past week I prepared pro se divorce forms for the mother of an adult with special needs. After completing the divorce she plans to file for guardianship of her 22-year-old son. She doesn’t have a lot of extra money for legal services, so she asked if she can file for guardianship in Washington State without an attorney?

Yes, it is possible to become a guardian without an attorney. Keep in mind the process is complicated, so advice from an expert can only help you. Although, if you can’t afford legal fees or you’re just a do it yourselfer with the time to learn, you can file for guardianship on your own. This post is designed to make the process as easy to understand as possible.

Table of Contents

A. First Steps
  1. Who can use this guide?
  2. Deciding if guardianship is the best option
  3. Are there risks with self-representation?
  4. How to use this guide?
  5. How long will it take to complete?
  6. Who is eligible to act as a guardian?
  7. How much does it cost?
B. The Paperwork – Preparing the Documents & Filing
  1. Which documents are required?
  2. What are general rules for filling out the forms?
  3. Do I file everything at once?
  4. Where do I go to start the case?
  5. How do I file?
C. The Court Date
  1. What do I do if the court schedules a hearing?
  2. What to expect at the hearing?
  3. Final steps to finalize the process
Continue reading “Filing for Guardianship in WA: Steps to Protect Your Family”