Legal Question in Wills and Trusts in Washington

Re: living will over power of attorney

I am so sorry to hear of your loss. Please accept my condolences on the injury to the wife.

The living will is useless if it cannot be found. The only thing it is supposed to do is to state the wishes of the incapacitated person to their medical providers - which have to be considered in conjunction with the medical providers diagnosis and treatment.

It may be that the situation is in the hands of the doctors because of the nature and extent of the injury. Legal documents cannot cure or prevent injury and sickness.

DPOA's do not govern medical decisions, they usually clarify what information is supposed to be released to whom in the event that the principal is incapacitated. Your post does not specify what, if any, powers are granted for healh care decision making by the principal to the attorney in fact and it may be that the DPOA doesn't even address this, I can't tell from what you said.

That said, the DPOA from W to H1 is generally considered revoked by operation of law upon her re-marriage. However, due to the stressful situation that you find yourself in, I would strongly suggest that you contact local counsel - through the Bar association if necessary - and set up a 1/2 hour consultation and get that answer directly from an attorney to you.

If you are in Spokane, contact Peter karademos and ask him to refer you to a lawyer who does estate work. He's very good, but I am not sure that this is his area.

Again, I am sorry for your loss.

Powell