Washington Code 71.32.050 – Execution of directive — Scope
Current as of: 2023 | Check for updates
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(1) A person with capacity may execute a mental health advance directive.
Terms Used In Washington Code 71.32.050
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(2) A directive executed in accordance with this chapter is presumed to be valid. The inability to honor one or more provisions of a directive does not affect the validity of the remaining provisions.
(3) A directive may include any provision relating to behavioral health treatment or the care of the principal or the principal’s personal affairs. Without limitation, a directive may include:
(a) The principal’s preferences and instructions for behavioral health treatment;
(b) Consent to specific types of behavioral health treatment;
(c) Refusal to consent to specific types of behavioral health treatment;
(d) Consent to admission to and retention in a facility for behavioral health treatment for up to 14 days;
(e) Descriptions of situations that may cause the principal to experience a behavioral health crisis;
(f) Suggested alternative responses that may supplement or be in lieu of direct behavioral health treatment, such as treatment approaches from other providers;
(g) Appointment of an agent pursuant to chapter 11.125 RCW to make behavioral health treatment decisions on the principal’s behalf, including authorizing the agent to provide consent on the principal’s behalf to voluntary admission to inpatient behavioral health treatment; and
(h) The principal’s nomination of a guardian or limited guardian as provided in RCW 11.125.080 for consideration by the court if guardianship proceedings are commenced.
(4) A directive may be combined with or be independent of a nomination of a guardian or other durable power of attorney under chapter 11.125 RCW, so long as the processes for each are executed in accordance with its own statutes.
NOTES:
Short title—Application—Uniformity—Federal law application—Federal electronic signatures in global and national commerce act—Application—Dates—Effective date—2016 c 209: See RCW 11.125.010 and 11.125.900 through 11.125.903.