A sudden illness, serious injury or cognitive decline can change your life quickly. You may need help with medical choices, bills, housing or daily care. If you have not signed a durable power of attorney (DPOA), your family may not know who can step in or what they can legally do.
A DPOA lets you choose someone you trust to handle certain decisions if you cannot manage them yourself. Without one, your loved ones may face delays while they sort out who has authority to act. Washington law can allow certain people to make some health care choices for you, but those rules do not always cover financial matters or every need that comes with long-term care.
Who can make health care decisions?
Washington law sets an order of priority for people who may give informed consent for your health care when you cannot make that choice yourself. The exact rules can depend on your situation, including whether you already have a court-appointed guardian or health care agent.
People who may have authority to make certain health care decisions include:
- A court-appointed guardian, if one exists
- A person you named in a health care power of attorney
- Your spouse or domestic partner
- Your adult children
- Your parents
- Your adult siblings
This list does not give someone automatic control over every part of your life. It also may create problems if family members disagree about your care.
Financial decisions may need separate authority
Health care decisions are only one part of long-term care. Someone may need to pay for care, handle insurance matters, manage your bank accounts or deal with your home and other property. A person who can speak with doctors for you may not have the legal right to handle those financial tasks.
When no one has clear legal authority, your family may need to consider a court process, such as guardianship, if no less restrictive option can meet your needs. That process can add time and stress during an already difficult period.
Giving the people you trust a clear path
You can take steps now to make future decisions easier for yourself and your family. A DPOA and other planning documents can help define who you want to assist with financial and health care matters.
Review your documents after major life changes, such as a marriage, divorce, move or health diagnosis. If you do not have a plan, speaking with an attorney can help you understand your options and create documents that match your wishes.
