#BringDianaJamesHome | Legal Guardian

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

Posted on July 12, 2023July 19, 2023 by Aaron

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.

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

Posted on July 1, 2022July 19, 2023 by Aaron

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.

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

Posted on August 31, 2021July 19, 2023 by Aaron

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.