What is a Durable Power of Attorney for Health Care?

A Durable Power of Attorney for Health Care is a legal document that allows you to give someone permission to make medical decisions for you when a physician has determined you cannot make these decisions yourself. The person you name is given permission to consent to, stop or refuse most medical treatment for you. Typically, this person is called an attorney in fact, agent, or health care proxy. The person you choose should be a trusted family member of friend whom you have discussed your values and medical treatment choices. You can change or revoke your Durable Power of Attorney for Health Care at any time.

Washington state law does not require a Durable Power of Attorney for Health Care to be notarized or witnessed. However, it is recommended that you always have two witnesses who are not related to you by blood or marriage and who will not inherit anything from you. Your witnesses should not be your attending physician, an employee of your attending physician or a health care facility in which you are a patient.

Witnessing and/or notarization are also important as evidence to help confirm that you are competent. This can help assure that your wishes are carried out should someone oppose on the grounds that you did not understand what you were doing when signing the document. Also, in some states it is required that the document be notarized. In the event you travel out of state you may want to consider having it notarized.

You are encouraged to discuss your Durable Power of Attorney for Health Care with your physician and family members. Any legal questions you may have about the use and effect of this directive may be answered by an attorney.

Download a Model Form

For your convenience, we have created a downloadable Durable Power of Attorney for Health Care form (247 KB PDF). You are encouraged to print a copy of the form, complete it, and then mail or fax it to the Washington State Living Will Registry.

Adobe Reader® is required to view PDF files. You can download it for free.

For more information visit the Washington State Office of the Attorney General website or the Washington State Medical Association website.