HOUSE BILL REPORT

HB 1952

BYRepresentatives Braddock, Appelwick and P. King 

Clarifying the durable power of attorney statute.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (12)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Belcher, Brough, Dellwo, Inslee, Locke, R. Meyers, H. Myers, Schmidt, Scott and Wineberry.

Minority Report:  Do not pass.  (6)

      Signed by Representatives Padden, Ranking Republican Member; Hargrove, Moyer, Patrick, D. Sommers and Tate.

House Staff:Bill Perry (786-7123)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 28, 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 death or 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:

SUBSTITUTE BILL:  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 or by court action.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute clarifies the exception to the prohibition against health care providers serving as their patients' attorneys-in-fact.  The original bill identified those within this exception as persons "related to the principal by marriage."

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Andy Dolan, Medical Association; Fred Mills, American Association of Retired Persons.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill resolves any ambiguity about the ability of an attorney-in-fact to give informed consent for health care decisions.

House Committee - Testimony Against:      None Presented.