Washington residents who have planned for the future will often have a healthcare directive in place to provide healthcare clarity and instruction. However, issues can arise with the healthcare directive vs family wishes, which can lead to family disputes. To avoid having this happen, there are certain preventative measures you should put in place, and you need to know how to address disputes if they do arise. So, keep reading to find out what the Washington advance directive laws are and how this affects potential family disputes.
What Is a Healthcare Directive in Washington?
Firstly, before we discuss medical decision disputes among family members, we need to clarify what a healthcare directive actually is. This is one of many long-term care planning documents that give you more control over what happens in the future.
A healthcare directive, otherwise known as a living will, clarifies the types of medical treatment you do and do not wish to have in the future if you become terminally ill or otherwise unable to make healthcare decisions for yourself.
Also, a healthcare directive allows you to name an individual who can make healthcare decisions on your behalf. This person is called your agent and will ensure medical decisions are made in your best interests. An agent is different from a healthcare power of attorney, as you need a separate legal document to establish a POA.
Keep in mind that you should never try to draft a healthcare directive on your own without the help of an elder law attorney. End-of-life planning in Washington can be quite complex, and you want to ensure it is done correctly and is legally binding according to Washington’s advance directive laws.
Why Conflicts Happen
Navigating healthcare directives vs family wishes can come with many challenges that may or may not be preventable. Understanding the scenarios that often lead to conflict can help you better prepare so that your last wishes are upheld and your family is on the same page.
Here are some examples of common reasons why there are medical decision disputes among family members:
- Family members don’t agree about healthcare decisions.
- Family members aren’t aware of the healthcare directive.
- Family members question the validity of the directive.
In addition to the scenarios, sometimes disputes are simply the result of heightened emotional stress during medical situations. Family members may not be thinking clearly and may be acting in a purely emotional way.
Healthcare Directives Vs. Family Wishes
You may be wondering who will make medical decisions, if you become incapacitated and can no longer make them for yourself. And there is a lot of confusion around advance care planning disputes and whether or not doctors will listen to the family’s wishes or the healthcare directive.
The good news is that if you have a legally binding healthcare directive in place, this clearly establishes the legal hierarchy of decision-making. The directive outlines your wishes, ideally already answering any questions regarding the type of treatment you do or do not want.
You should also have a medical power of attorney established, who can help with immediate medical decision-making. In addition to this, your healthcare agent named in your directive can make decisions on your behalf if you can no longer give informed consent.
So, family wishes will not usually override your healthcare directive as long as it is legally valid and you created it when you were able to give informed consent.
How to Prevent or Minimize Conflict
Even though family members have very limited authority regarding medical decisions when you have a healthcare directive, you should still try to be proactive. Taking the necessary steps to minimize family conflict can help reduce everyone’s stress and make end-of-life treatment and planning easier for everyone.
Here are some steps you can take to achieve this so that everyone is on the same page:
- Clearly communicate your wishes with your family members.
- Name a trusted healthcare agent whom you know will act in your best interest.
- Regularly go back and update your healthcare directive as needed.
- Involve your close family members in the end-of-life planning process.
What to Do If a Dispute Arises
No matter what you do, there is always the risk of family disputes occurring later on, especially as your medical needs change. So, you should be prepared to navigate these disputes in the best way possible.
If disputes do arise, either you, your healthcare agent, or your healthcare power of attorney should work closely with medical providers to ensure they are following the directive. For more serious disputes, you may need to consider mediation with a third party, such as an elder law attorney.
Although not extremely common, family members may try to stand in the way of certain types of medical treatment that they don’t agree with. And if that is the case, court intervention may become necessary to clarify who has decision-making authority and who doesn’t.
Get In Touch With an Elder Law Attorney Today
If you are worried about advance directive disputes among family members, you should get in touch with a Spokane elder law attorney at Legacy Law Group. Contact us today at 509-315-8087 to speak with one of our attorneys to get the process started.
FAQ
Can family members override a healthcare directive in Washington?
No, valid and legally binding healthcare directives must be followed by healthcare providers. The only time that family members can override the directive is if they can prove that it is not valid in some way.
What if family members disagree with the healthcare agent?
In most situations, the agent will have more legal authority when making medical decisions then any family member will. The only time this isn’t the case is if there is evidence of misconduct on the part of the agent that would undermine their authority.
How can I reduce the chance of family conflict?
Make sure your family members understand what your healthcare directive includes and the medical treatments you do and do not want in advance. You also need to make sure your directive is up-to-date and legally binding.
