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Misconceptions

Many individuals have misconceptions about the Washington Living Will form, which can lead to confusion regarding its purpose and effectiveness. Below are six common misconceptions along with clarifications.

  1. A Living Will is the same as a Power of Attorney.

    This is not accurate. A Living Will specifically outlines an individual's wishes regarding medical treatment in the event they become incapacitated. A Power of Attorney, on the other hand, designates someone to make decisions on behalf of the individual, which may include financial and legal matters.

  2. Once completed, a Living Will cannot be changed.

    This is a misconception. Individuals have the right to modify or revoke their Living Will at any time, as long as they are mentally competent. It is advisable to inform healthcare providers of any changes made.

  3. A Living Will only applies to terminal illness situations.

    This is misleading. While a Living Will often addresses end-of-life care, it can also specify preferences for treatment in other situations where the individual is unable to communicate their wishes, such as severe injury or illness.

  4. All healthcare providers are required to follow a Living Will.

    This is not entirely true. While healthcare providers generally respect Living Wills, there may be circumstances where they cannot comply due to legal, ethical, or institutional policies. It is important for individuals to discuss their wishes with their healthcare team.

  5. Living Wills are only for elderly individuals.

    This is a common misconception. Anyone over the age of 18 can create a Living Will. Health emergencies can happen at any age, making it important for all adults to consider their medical preferences.

  6. A Living Will guarantees that my wishes will be followed.

    This statement is overly optimistic. While a Living Will serves as a guide for healthcare providers, there may be unforeseen circumstances or legal challenges that could affect the implementation of an individual's wishes.

Form Properties

Fact Name Details
Definition A Washington Living Will is a legal document that outlines a person's wishes regarding medical treatment in the event they become unable to communicate those wishes themselves.
Governing Law The Washington Living Will is governed by the Revised Code of Washington (RCW) 70.122, which provides the legal framework for advance directives in the state.
Requirements To be valid, the form must be signed by the individual and witnessed by two people or notarized. Witnesses cannot be related to the individual or entitled to any part of their estate.
Revocation A person can revoke their Living Will at any time. This can be done verbally or in writing, and it does not require any specific formality.
Health Care Proxy While a Living Will specifies treatment preferences, it does not appoint someone to make decisions on behalf of the individual. For that, a Health Care Proxy or Durable Power of Attorney for Health Care is needed.

Key takeaways

When filling out and using the Washington Living Will form, keep the following key points in mind:

  • The Living Will allows individuals to express their wishes regarding medical treatment in case they become unable to communicate.
  • It is essential to complete the form while you are still in good health and able to make decisions.
  • Make sure to sign the document in the presence of a witness or a notary public for it to be valid.
  • You can specify which medical treatments you do or do not want, such as life-sustaining measures.
  • It’s important to discuss your wishes with family members and healthcare providers to ensure they understand your preferences.
  • Once completed, keep the Living Will in a safe place and provide copies to your healthcare proxy and loved ones.
  • Review your Living Will periodically to ensure it still reflects your current wishes and make updates if necessary.
  • In Washington, the Living Will works in conjunction with other advance directives, such as a healthcare power of attorney.

Dos and Don'ts

When filling out the Washington Living Will form, it’s important to follow specific guidelines to ensure your wishes are clearly communicated. Here’s a list of things to do and avoid:

  • Do ensure you understand the form and its implications before signing.
  • Do discuss your wishes with family members and healthcare providers.
  • Do complete the form in a clear and legible manner.
  • Do sign and date the form in the presence of a witness.
  • Don't use vague language that could lead to confusion about your wishes.
  • Don't forget to keep a copy of the completed form for your records.

Common mistakes

  1. Not Clearly Stating Preferences: Individuals often fail to articulate their medical treatment preferences clearly. Ambiguities can lead to confusion among healthcare providers and loved ones. It's crucial to be specific about the types of treatments you do or do not want.

  2. Inadequate Witness Signatures: Many people overlook the requirement for witnesses. In Washington, the form must be signed by two witnesses who are not related to you or entitled to any part of your estate. Without valid signatures, the document may not be honored.

  3. Failing to Update the Document: Life circumstances change, and so do preferences. Some individuals neglect to revisit their Living Will regularly. It is important to review and, if necessary, revise your Living Will to reflect your current wishes and health status.

  4. Not Discussing Wishes with Family: A common mistake is not having conversations with family members about your wishes. Open discussions can prevent misunderstandings and ensure that your loved ones are prepared to advocate for your preferences in a medical crisis.

  5. Ignoring State-Specific Requirements: Each state has its own rules regarding Living Wills. Some people mistakenly assume that a document valid in another state will also be valid in Washington. Familiarizing yourself with state-specific requirements is essential to ensure your wishes are honored.

What You Should Know About This Form

  1. What is a Living Will in Washington State?

    A Living Will is a legal document that allows individuals to outline their preferences for medical treatment in the event they become unable to communicate their wishes. This document specifically addresses end-of-life care and can guide healthcare providers and loved ones in making decisions that align with the individual's values and desires.

  2. Who can create a Living Will in Washington?

    Any adult who is at least 18 years old and of sound mind can create a Living Will in Washington State. This includes individuals who are capable of understanding the nature and consequences of their healthcare decisions.

  3. What should be included in a Living Will?

    A Living Will should clearly state the individual's wishes regarding medical treatment, especially concerning life-sustaining measures. Common elements include preferences about resuscitation, mechanical ventilation, tube feeding, and pain management. It is important to be as specific as possible to avoid confusion later.

  4. How do I create a Living Will in Washington?

    To create a Living Will in Washington, individuals can use a form provided by the state or draft their own document. It must be signed in the presence of at least one witness who is not a family member or involved in the individual's healthcare. Alternatively, the document can be notarized. It is advisable to discuss your wishes with family members and healthcare providers to ensure everyone understands your preferences.

  5. Can I change or revoke my Living Will?

    Yes, individuals have the right to change or revoke their Living Will at any time, as long as they are of sound mind. To revoke a Living Will, simply destroy the document or create a new one that states your current wishes. Informing your healthcare provider and family members about any changes is crucial to ensure that your latest wishes are followed.

  6. Is a Living Will the same as a Durable Power of Attorney for Healthcare?

    No, a Living Will and a Durable Power of Attorney for Healthcare are distinct documents. A Living Will outlines your wishes regarding medical treatment, while a Durable Power of Attorney for Healthcare designates a specific person to make healthcare decisions on your behalf if you are unable to do so. It is often beneficial to have both documents in place for comprehensive healthcare planning.

  7. Where should I keep my Living Will?

    It is important to keep your Living Will in a safe yet accessible location. Consider giving copies to your healthcare provider, family members, and anyone designated as your healthcare agent. You may also want to keep a copy in your medical records or with a trusted attorney. Ensuring that the right people have access to your Living Will can help ensure your wishes are honored.

Washington Living Will Example

Washington Living Will

This Living Will is created in accordance with the Revised Code of Washington (RCW) Title 7.70, which governs advanced directives in the state of Washington.

I, [Your Full Name], born on [Your Date of Birth], residing at [Your Address], hereby declare this as my Living Will.

This Living Will expresses my wishes regarding medical treatment that I desire or reject in the event that I become unable to communicate my preferences.

In the event that I have a terminal condition or am in a persistent vegetative state, I request the following:

  • Do not resuscitate efforts if my heart stops or I stop breathing.
  • Do not provide artificial nutrition and hydration.
  • Provide comfort care, including pain relief and palliative care.

Additionally, I wish to express my preferences regarding other medical interventions as follows:

  1. In the case of severe, irreversible injury, I do not wish to undergo life-sustaining treatments that extend my life without any reasonable expectation of recovery.
  2. If I am facing a decision regarding organ donation, I [choose / do not choose] to donate my organs.

This Living Will shall remain in effect until I have revoked it in writing or until it is no longer valid according to Washington state law.

Signed this [Date] day of [Month], [Year].

Signature: ____________________________

Witnessed by:

1. Name: ____________________________ Signature: ______________________

2. Name: ____________________________ Signature: ______________________

This document must be signed in the presence of two witnesses, who are not related to me, and who do not receive any inheritance or benefit from my estate.