Legal Question in Wills and Trusts in Washington

Re: Willing will vs Health Care Directive

A living will is another term for a Health Care Directive. It is you spelling out what you expect for your end of life care, which takes the responsibility off the shoulders of the people who love you and tells them and your medical providers what you want to happen at a time when you cannot.

Your Durable Power of Attorney tells third parties such as hospitals the persons with whom they can share information without violating HIPPA. It also tells your Attorney in Fact (the person who holds your durables) what decisions you expect them to make on your behalf, in conjunction with your health care directive.

You should also talk to your primary care physician about standing orders, also called Physician's Directives to emergency responders, which is the ONLY way to ensure that emergency personnell *might* respect your wishes, as it is against their code of ethics to do anything except keep you alive long enough to get you into hospital.

Your message says you are in California and I am not licensed there. You need to check with a lawyer to make sure that your estate plan is properly signed and witnessed so it will be upheld.

Each county has a Bar association, and each Bar will have lists of attorneys who will take referalls in special areas, such as estate work.

It is a good place to start if you do not know any lawyers or your friends cannot recommend one for you.

Re: Willing will vs Health Care Directive

Not necessarily, it wouldn't be in the trust itself. Normally, it would be a separate document. You need one in the event you become incapcitated and want to designate someone else to make your health care decisions. It is usually a very good idea to have one. It and all of your trust related documents(inclusive of living will) should be updated if they predate 2003, because of HIPAA compliance. I am a great attorney, I do this type of work, and feel free to send me an email or call to arrange a consultation. Thanks,