Christopher S. Mulvaney, Esq.

LIVING WILLS

One of the most important elements of a comprehensive estate plan is a Living Will. A Living Will, also called an advance health care directive, helps prevent battles over who will have control over potential health care decisions when you are unable to make or communicate decisions for yourself.Many people remember the Terri Schiavo case, in which a husband litigated with the wife’s parents for 15 years all the way to the United States Supreme Court over who should have control and what should be done. A Living Will can prevent such a tragedy.

What Does A Living Will Accomplish?

A health care Power of Attorney names someone you trust to act as your Agent or decision-maker should you become unable to make or communicate your own decisions.

A Living Will applies when you are in a coma, doctors don’t believe you will come out of it, you are on life support, you have a feeding tube and IV fluid. You indicate whether you want to authorize your agent to sign the waivers and releases to withdraw life support, and whether you want the feeding tube and/or IV fluid removed if you are able to breathe once life support is withdrawn.

Sunny Von Bulow died after almost 28 years in a coma. Avoiding such situations is the purpose of authorizing your Agent to withdraw food and water.

As your lawyer, I will not only draft a Living Will according to your wishes, but I will also register it along with your medical Power of Attorney through the U.S. Living Will Registry.
You will receive a card for your wallet with your Power of Attorney agent’s telephone number on it, as well as a code for easy on-line access of your documents.


Living Will Registry

Below are samples of the card you will receive for your wallet when you complete the US Living Will Registry form and I mail it in for you.  Your health care agent’s phone number will be on the card as well as a code for medical providers to access the PDF Power of Attorney for Health Decisions and Living Will.  Keep the card behind your driver’s license.

Below is the form to complete the get the US Living Will card for your wallet.

US Advance Care Plan Registry – Free Registration Form

US Living Will Registry Website

IDCardFront      IDCardBack

My letter from the US Living Will Registry is below.

US Living Will Registry Letter with Mulvaney’s Card for Wallet


See a Sample Living Will Below:

HEALTHCARE ADVANCE DIRECTIVE TO PHYSICIANS

(AKA LIVING WILL) OF JANE DOE

On 04/22/2020, pursuant to RCW § 70.122 (Natural Death Act), I, JANE DOE (BORN 07-19-1971), having the capacity to make Healthcare decisions, having appointed my spouse, JOHN DOE (BORN 02-11-1979), and then BOB JONES, and then SALLY JOHNSON, and then CHILD ONE (BORN 02-24-1997), and then CHILD TWO (BORN 10-09-2001), IN THAT ORDER, as my Agent for Healthcare, do willfully and voluntarily make known my desire that my dying shall not be artificially prolonged under circumstances set forth below, and do hereby declare that: I expressly revoke all prior Healthcare directives I may have previously made. A US Living Will Registry is available for this document and the power of attorney for health. US Advance Care Plan Registry – Free Registration Form.

A Healthcare Agent will NEVER be allowed to authorize “mercy killing,” also known as “euthanasia.”

This document is distinct from the Washington Death With Dignity Act (RCW § 70.245) which allows terminally ill adult Washington residents themselves, who have less than six months to live, to request lethal doses of medication from physicians. This document authorizes action by Healthcare agents.

The appointment of my spouse is revoked as of the date of filing upon filing of a petition for dissolution.

Pursuant to RCW § 11.125.040, this Power of Attorney shall not be affected by disability of the Principal.

(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.

I understand by using this form that a terminal condition means an incurable and irreversible condition caused by injury, disease, or illness, that would within reasonable medical judgment cause death within a reasonable period of time in accordance with accepted medical standards, and where the application of life-sustaining treatment would serve only to prolong the process of dying.

I further understand in using this form that a permanent unconscious condition means an incurable and irreversible condition in which I am medically assessed within reasonable medical judgment as having no reasonable probability of recovery from an irreversible coma or a persistent vegetative state.

When life-sustaining treatment is withheld, I would like comfort care to be continued as necessary to reasonably minimize or reduce discomfort.

(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. I accept the consequences of such refusal. If another person is appointed to make these decisions for me, whether through a Durable Power of Attorney or otherwise, I request that the person is guided by this directive and any other clear expressions of my desires.

(c) If I am diagnosed to be in a terminal condition or in a permanent unconscious condition:

Page 1 of 2 of the LIVING WILL of

JANE DOE (DATED 04/22/2020)

Withholding or withdrawal of artificial nutrition and hydration may result in death by starvation or dehydration. Circle “Yes” if you want or circle “No” if you do not want to receive or continue receiving artificial nutrition Yes or No and/or hydration Yes or No after all other treatment is withheld. Initials ______

 

(d) I understand the full import of this directive. I am emotionally and mentally capable to make the Healthcare decisions contained in this directive.

(e) I understand that before I sign this directive, I can add to or delete from or otherwise change the wording of this directive. I may add to or delete from this directive at any time. Any changes shall be consistent with Washington State law or federal constitutional law to be legally valid.

(f) It is my wish that every part of this directive be fully implemented. If for any reason any part is held invalid it is my wish that the remainder of my directive be implemented.

_______________________________________

JANE DOE

Dated 04/22/2020 in Bellevue, King County, Washington. Pursuant to RCW § 11.125.050, we witness below that JANE DOEs identity has been verified to us, and that we believe JANE DOE to be capable of making Healthcare decisions. We are competent witnesses who are neither home care providers for the principal nor care providers at an adult family home or long-term care facility in which the principal resides, and who are unrelated to the principal by blood or marriage.

________________________________________ _____________________________________

SARA DARLENE ALLSHOUSE – Witness #1     JILL FREY – Witness #2

Pursuant to RCW § 42.45.130, I certify that I know or have satisfactory evidence that JANE DOE, SARA DARLENE ALLSHOUSE & JILL FREY are the persons who appeared before me, and said people acknowledged that they signed and attested, this instrument, and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument.

Dated: 04/22/2020.

STATE OF WASHINGTON 

COUNTY OF KING

 

Pursuant to RCW § 11.125.050 (3) A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public…

Christopher Sean Mulvaney WA NOTARY PUBLIC – KING COUNTY

License # 138371

Appointment Expires 09-01-2020

 

Page 2 of 2 of the LIVING WILL of

JANE DOE (DATED 04/22/2020)

HEALTHCARE ADVANCE DIRECTIVE TO PHYSICIANS

(AKA LIVING WILL) OF JOHN DOE

On 04/22/2020, pursuant to RCW § 70.122 (Natural Death Act), I, JOHN DOE (BORN 02-11-1979), having the capacity to make Healthcare decisions, having appointed my spouse, JANE DOE (BORN 07-19-1971), and then BOB JONES, and then SALLY JOHNSON, and then CHILD ONE (BORN 02-24-1997), and then CHILD TWO (BORN 10-09-2001), IN THAT ORDER, as my Healthcare Agent, do willfully and voluntarily make known my desire that my dying shall not be artificially prolonged under circumstances set forth below. I expressly revoke all prior Healthcare directives I may have previously made. A US Living Will Registry is available for this document and the power of attorney for health. US Advance Care Plan Registry – Free Registration Form.

A Healthcare Agent will NEVER be allowed to authorize “mercy killing,” also known as “euthanasia.

This document is distinct from the Washington Death With Dignity Act (RCW § 70.245) which allows terminally ill adult Washington residents themselves, who have less than six months to live, to request lethal doses of medication from physicians. This document authorizes action by Healthcare agents.

The appointment of my spouse is revoked as of the date of filing upon filing of a petition for dissolution.

Pursuant to RCW § 11.125.040, this Power of Attorney shall not be affected by disability of the Principal.

Pursuant to RCW § 11.125.190, Any person or health facility may assume that a directive complies with this chapter and is valid.

(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.

I understand by using this form that a terminal condition means an incurable and irreversible condition caused by injury, disease, or illness, that would within reasonable medical judgment cause death within a reasonable period of time in accordance with accepted medical standards, and where the application of life-sustaining treatment would serve only to prolong the process of dying.

I further understand in using this form that a permanent unconscious condition means an incurable and irreversible condition in which I am medically assessed within reasonable medical judgment as having no reasonable probability of recovery from an irreversible coma or a persistent vegetative state.

When life-sustaining treatment is withheld, I would like comfort care to be continued as necessary to reasonably minimize or reduce discomfort.

(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. I accept the consequences of such refusal. If another person is appointed to make these decisions for me, whether through a Durable Power of Attorney or otherwise, I request that the person is guided by this directive and any other clear expressions of my desires.

(c) If I am diagnosed to be in a terminal condition or in a permanent unconscious condition:

Page 1 of 2 of the LIVING WILL of

JOHN DOE (DATED 04/22/2020)


Schedule A Free Estate Planning Consultation

I offer free and confidential initial legal consultations to potential bankruptcy and estate planning clients. Email me at chris@attorneymulvaney.com to schedule your consultation.
I offer evening appointments on-site at my law office, where ample free parking is available.
For more detailed information about my practice in Bellevue, Washington, please consult my Blog.

 

MULVANEY LAW OFFICES, PLLC
14205 SE 36th St. Suite 100
Bellevue, WA 98006-1553

Email:  chris@attorneymulvaney.com

Phone: 425-998-6352
Fax: 425-223-3197

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Mulvaney Law Offices, PLLC, is located in Bellevue, Washington, representing estate planning & probate, chapter 7 and chapter 13 bankruptcy, and real estate transactions clients in Seattle, Tacoma, Everett, Bellevue, Redmond, Renton, Issaquah, Sammamish, Maple Valley, Burien, SeaTac, and throughout King, Snohomish and Pierce counties.