Unless the power of attorney otherwise provides, where language in a power of attorney
grants general authority with respect to health care matters:
(1) The agent shall be authorized to act as the principal's personal representative
pursuant to the health insurance portability and accountability act, sections 1171
through 1179 of the social security act, 42 U.S.C. Sec. 1320d, as amended, and applicable regulations for all purposes thereunder, including but
not limited to accessing and acquiring the principal's health care related information.
(2) The agent shall be authorized to provide informed consent for health care decisions
on the principal's behalf. If a principal has appointed more than one agent with authority to make mental health
treatment decisions in accordance with a directive under chapter 71.32 RCW, to the
extent of any conflict, the most recently appointed agent shall be treated as the
principal's agent for mental health treatment decisions unless provided otherwise
in either appointment.
(3) Unless he or she is the spouse, state registered domestic partner, father or mother,
or adult child or brother or sister of the principal, none of the following persons
may act as the agent for the principal: Any of the principal's physicians, the physicians'
employees, or the owners, administrators, or employees of the health care facility
or long-term care facility as defined in RCW 43.190.020 where the principal resides or receives care. Except when the principal has consented in a mental health advance directive executed
under chapter 71.32 RCW to inpatient admission or electroconvulsive therapy, this
authorization is subject to the same limitations as those that apply to a guardian
under chapter 11.130 RCW.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.