SENATE BILL REPORT

SHB 1952

BYHouse Committee on Judiciary (originally sponsored by Representatives Braddock, Appelwick and P. King) 

Clarifying the durable power of attorney statute.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):March 29, 1989

Majority Report:  Do pass.

      Signed by Senators McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Niemi,  Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Richard Rodger (786-7461)

                  March 29, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 29, 1989

BACKGROUND:

A statute provides for the creation of a "durable" power of attorney.  A power of attorney is the grant of authority by a principal to another to act on behalf of the principal.  A durable power is one that begins with or survives the disability of the principal.  A durable power is created in a written power of attorney by the recitation of words that indicate the principal's intent that the power be exercisable notwithstanding the principal's disability or incapacity.  The person acquiring the power is known as the principal's "attorney-in-fact."

There is no express provision in the power of attorney statute indicating that the power extends to making health care decisions.  There is, however, a provision in the informed consent statute that expressly states that a person with a power of attorney may supply informed consent on behalf of a principal.

There is no express provision in the statute for the termination of a durable power of attorney.

SUMMARY:

The durable power of attorney statute is amended to provide expressly that a principal may delegate the power to give informed consent for health care decisions.  The provider of the health care, however, may not be granted this power of attorney unless the provider is also the principal's spouse, adult child or sibling.  The power does not extend to decisions about psychosurgery, shock treatments, amputations or certain other psychiatric or mental health procedures.

A durable power of attorney continues until revoked by the principal, a court appointed guardian, or by court action.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Fred Mills, American Association of Retired Persons (pro); Patty Joynes,  Washington State Nurses Association, et al. (pro)