How do I create an advance healthcare directive in Washington?
1. Types Recognized
Washington recognizes: (a) Health Care Directive (RCW 70.122 — the living will under Natural Death Act), (b) Durable Power of Attorney for Health Care (RCW 11.125, formerly 11.94), (c) Mental Health Advance Directive (RCW 71.32), (d) POLST (Physician Orders for Life-Sustaining Treatment), (e) DNR, and (f) Death with Dignity Act request (RCW 70.245).
2. Statutory Form
RCW 70.122.030 contains a model Health Care Directive form. DPOA-HC has no mandatory form but must meet RCW 11.125.400 requirements. Substantial compliance suffices.
3. Execution Formalities
HEALTH CARE DIRECTIVE: 18+ and sound mind, signed by declarant in presence of TWO adult witnesses (RCW 70.122.030). Witnesses cannot be: related by blood/marriage, entitled to estate, attending physician/employee, operator/employee of healthcare facility. NO notary required. DPOA-HC: must be in writing, signed by principal; notarization recommended but not required for healthcare.
4. Healthcare Agent Authority
Under RCW 11.125.400, the agent may make all healthcare decisions including consent to/refusal of life-sustaining treatment and artificial nutrition/hydration. The agent's authority begins when the principal is determined incapacitated by a qualified provider.
5. Pregnancy Clauses
RCW 70.122.030 contains a pregnancy provision in the form: directive shall have NO force during pregnancy. However, this default may be overridden by adding specific language. Post-Dobbs there is increased advocacy for explicit override language.
6. Reciprocity
RCW 70.122.090 and RCW 11.125.310 honor directives validly executed in other states.
7. POLST
Washington POLST (signed by physician/ARNP/PA) is a portable order recognized across care settings under WAC 246-839-650.
8. Revocation
Under RCW 70.122.040, the directive is revocable at any time, regardless of mental state, by: written revocation signed and dated, oral expression of intent to revoke, or physical destruction. Divorce automatically revokes spouse-agent (RCW 11.125.410).
9. Default Surrogate
RCW 7.70.065 sets informed consent surrogate priority for incapacitated patients: court-appointed guardian > person with DPOA-HC > spouse/state-registered domestic partner > adult children > parents > adult siblings > adult grandchildren > adult nieces/nephews > adult aunts/uncles.
This is legal information, not legal advice.
- Override default pregnancy provision in RCW 70.122.030
- Death with Dignity Act requests and end-of-life options
- Surrogate disputes under RCW 7.70.065 informed-consent hierarchy
- RCW 70.122 (Natural Death Act)
- RCW 11.125 (Uniform Power of Attorney Act)
- RCW 7.70.065 (informed consent surrogate)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.