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What Is a Living Will in Washington State?

A Living Will, also called a Health Care Directive or Advance Directive, is a legal document that outlines your wishes for medical care if you become unable to communicate or make decisions for yourself. In Washington State, this directive can help ensure that your end-of-life care aligns with your values, while relieving your loved ones from the emotional burden of making painful decisions on your behalf.

At The Whipple Law Group, based in Spokane, Washington, we help clients prepare customized Health Care Directives as part of their comprehensive estate planning services. While we offer this document “a la carte”, it is most often utilized as part of our comprehensive estate planning package.

What Does a Washington State Health Care Directive Include?

Our Health Care Directive (HCD) allows you to make specific choices about:

Whether to receive or refuse life-sustaining treatments like ventilation, intubation, or feeding tubes.

The use of pain-relieving care, which will never be withheld if beneficial.

The conditions under which your directive will take effect.

For example, our HCDs include strict medical requirements before the document is activated. The patient must be diagnosed with terminal unconscious condition by qualified physicians. Only then will your stated wishes be followed, and those decisions must be documented in your permanent medical record.

Why Is a Health Care Directive Important?

Frankly, not having a Living Will can leave your family in turmoil. Without clear instructions, your loved ones may be forced to guess what you would want, often leading to painful arguments at an already stressful time. Difference of opinions on what care loved ones believe you should receive can come from many places, including previous discussion or spiritual belief.

A Hypothetical Example from Washington

Take ‘Florence', a widowed mother of three adult daughters—Alice, Betty, and Carol. Florence suffers an aneurysm and is declared to be in a catatonic state with no brain activity. She is kept alive through machines and IV fluids.

Alice says, “Mom told me she wouldn't want to live like this.”

Betty, who holds the Power of Attorney for Health Care, is responsible for making the decision. But Carol emotionally pleads, “You can't just give up! Don't you love her?”

This is a situation many Washington families face. Betty is stuck in a no-win scenario, risking permanent emotional rifts. Whichever she chooses, one sister will feel as though they have violated their mother's wishes vicariously through their sister. But with a valid Health Care Directive, she can confidently say, “This isn't my decision. Mom made this choice herself.”

By having an HCD in place, Florence has given her children the clarity they need to focus on grieving together—instead of arguing over what to do.

FAQs About Health Care Directives in Washington State

Q: Can I change my Health Care Directive later?

Yes. You can update or revoke your directive at any time, as long as you are mentally competent.

Q: Do I need an attorney to create a Living Will in Washington?

While Washington law allows you to fill out basic forms, working with an estate planning attorney ensures your document reflects your exact wishes and complies with all legal requirements.

Q: What's the difference between a Health Care Directive and a Durable Power of Attorney for Health Care?

A Health Care Directive states your treatment preferences directly to the medical professionals when terminally incapacitated. A Durable Power of Attorney for Health Care names someone to make medical decisions for you while temporarily incapacitated. Both are important, and we recommend having both documents in place.