RCW 71.32.010
Legislative declaration
—
Findings.
(1) The legislature declares that an individual with capacity has the ability to control decisions relating to his or her own behavioral health care. The legislature finds that:
(a) Some behavioral health disorders cause individuals to fluctuate between capacity and incapacity;
(b) During periods when an individual's capacity is unclear, the individual may be unable to access needed treatment because the individual may be unable to give informed consent;
(c) Early treatment may prevent an individual from becoming so ill that involuntary treatment is necessary; and
(d) Individuals with behavioral health disorders need some method of expressing their instructions and preferences for treatment and providing advance consent to or refusal of treatment.
(2) The legislature recognizes that a mental health advance directive can be an essential tool for an individual to express his or her choices at a time when the effects of a behavioral health disorder have not deprived him or her of the power to express his or her instructions or preferences.
(3) The legislature further finds that:
(a) A mental health advance directive must provide the individual with a full range of choices;
(b) Individuals with behavioral health disorders have varying perspectives on whether they want to be able to revoke a directive during periods of incapacity;
(c) For a mental health advance directive to be an effective tool, individuals must be able to choose how they want their directives treated during periods of incapacity; and
(d) There must be clear standards so that treatment providers can readily discern an individual's treatment choices.
Consequently, the legislature affirms that, pursuant to other provisions of law, a validly executed mental health advance directive is to be respected by agents, guardians, and other surrogate decision makers, health care providers, professional persons, and health care facilities.
[
2021 c 287 s 1
;
2003 c 283 s 1
.]
RCW 71.32.020
Definitions.
(Effective until June 30, 2027.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Adult" means any individual who has attained the age of majority or is an emancipated minor.
(2) "Agent" has the same meaning as an attorney-in-fact or agent as provided in chapter
11.125
RCW.
(3) "Behavioral health disorder" means a mental disorder, a substance use disorder, or a co-occurring mental health and substance use disorder.
(4) "Capacity" means that a person has not been found to be incapacitated pursuant to this chapter or subject to a guardianship under RCW 11.130.265
.
(5) "Court" means a superior court under chapter
2.08
RCW.
(6) "Health care facility" means a hospital, as defined in RCW 70.41.020
; an institution, as defined in RCW 71.12.455
; a state hospital, as defined in RCW 72.23.010
; a nursing home, as defined in RCW 18.51.010
; or a clinic that is part of a community behavioral health service delivery system, as defined in RCW 71.24.025
.
(7) "Health care provider" means an osteopathic physician licensed under chapter
18.57
RCW, a physician or physician's assistant licensed under chapter
18.71
or
18.71A
RCW, or an advanced registered nurse practitioner licensed under *RCW 18.79.050
.
(8) "Incapacitated" means a person who: (a) Is unable to understand the nature, character, and anticipated results of proposed treatment or alternatives; understand the recognized serious possible risks, complications, and anticipated benefits in treatments and alternatives, including nontreatment; or communicate his or her understanding or treatment decisions; or (b) has been found to be subject to a guardianship under RCW 11.130.265
.
(9) "Informed consent" means consent that is given after a person: (a) Is provided with a description of the nature, character, and anticipated results of proposed treatments and alternatives, and the recognized serious possible risks, complications, and anticipated benefits in the treatments and alternatives, including nontreatment, in language that the person can reasonably be expected to understand; or (b) elects not to be given the information included in (a) of this subsection.
(10) "Long-term care facility" has the same meaning as defined in RCW 43.190.020
.
(11) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on an individual's cognitive or volitional functions.
(12) "Mental health advance directive" or "directive" means a written document in which the principal makes a declaration of instructions or preferences or appoints an agent to make decisions on behalf of the principal regarding the principal's mental health treatment, or both, and that is consistent with the provisions of this chapter.
(13) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of chapter
71.05
RCW.
(14) "Principal" means a person who has executed a mental health advance directive.
(15) "Professional person" means a mental health professional and shall also mean a physician, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of chapter
71.05
RCW.
(16) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010
.
(17) "Substance use disorder" means a cluster of cognitive, behavioral, and physiological symptoms indicating that an individual continues using the substance despite significant substance-related problems. The diagnosis of a substance use disorder is based on a pathological pattern of behaviors related to the use of the substances.
[
2021 c 287 s 4
; (2021 c 287 s 3 expired July 1, 2022); (2021 c 287 s 2 expired January 1, 2022). Prior:
2020 c 312 s 732
;
2020 c 80 s 53
;
2016 c 209 s 407
;
2011 c 89 s 15
;
2003 c 283 s 2
.]
NOTES:
Reviser's note:
*(1) RCW 18.79.050
was amended by 2024 c 239 s 3, changing "advanced registered nurse practitioner" to "advanced practice registered nurse," effective June 30, 2027.
(2) The definitions in this section have been alphabetized pursuant to RCW 1.08.015
(2)(k).
Effective date
—
2021 c 287 s 4:
"Section 4 of this act takes effect July 1, 2022." [
2021 c 287 s 25
.]
Effective date
—
2021 c 287 s 3:
"Section 3 of this act takes effect January 1, 2022." [
2021 c 287 s 23
.]
Expiration date
—
2021 c 287 s 3:
"Section 3 of this act expires July 1, 2022." [
2021 c 287 s 24
.]
Expiration date
—
2021 c 287 s 2:
"Section 2 of this act expires January 1, 2022." [
2021 c 287 s 22
.]
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
Effective date
—
2020 c 80 ss 12-59:
See note following RCW 7.68.030
.
Intent
—
2020 c 80:
See note following RCW 18.71A.010
.
Short title
—
Application
—
Uniformity
—
Federal law application
—
Federal electronic signatures in global and national commerce act
—
Application
—
Dates
—
Effective date
—
2016 c 209:
See RCW 11.125.010
and
11.125.900
through
11.125.903
.
Effective date
—
2011 c 89:
See note following RCW 18.320.005
.
Findings
—
2011 c 89:
See RCW 18.320.005
.
PDF
RCW 71.32.020
Definitions.
(Effective June 30, 2027.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Adult" means any individual who has attained the age of majority or is an emancipated minor.
(2) "Agent" has the same meaning as an attorney-in-fact or agent as provided in chapter
11.125
RCW.
(3) "Behavioral health disorder" means a mental disorder, a substance use disorder, or a co-occurring mental health and substance use disorder.
(4) "Capacity" means that a person has not been found to be incapacitated pursuant to this chapter or subject to a guardianship under RCW 11.130.265
.
(5) "Court" means a superior court under chapter
2.08
RCW.
(6) "Health care facility" means a hospital, as defined in RCW 70.41.020
; an institution, as defined in RCW 71.12.455
; a state hospital, as defined in RCW 72.23.010
; a nursing home, as defined in RCW 18.51.010
; or a clinic that is part of a community behavioral health service delivery system, as defined in RCW 71.24.025
.
(7) "Health care provider" means an osteopathic physician licensed under chapter
18.57
RCW, a physician or physician's assistant licensed under chapter
18.71
or
18.71A
RCW, or an advanced practice registered nurse licensed under RCW 18.79.050
.
(8) "Incapacitated" means a person who: (a) Is unable to understand the nature, character, and anticipated results of proposed treatment or alternatives; understand the recognized serious possible risks, complications, and anticipated benefits in treatments and alternatives, including nontreatment; or communicate his or her understanding or treatment decisions; or (b) has been found to be subject to a guardianship under RCW 11.130.265
.
(9) "Informed consent" means consent that is given after a person: (a) Is provided with a description of the nature, character, and anticipated results of proposed treatments and alternatives, and the recognized serious possible risks, complications, and anticipated benefits in the treatments and alternatives, including nontreatment, in language that the person can reasonably be expected to understand; or (b) elects not to be given the information included in (a) of this subsection.
(10) "Long-term care facility" has the same meaning as defined in RCW 43.190.020
.
(11) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on an individual's cognitive or volitional functions.
(12) "Mental health advance directive" or "directive" means a written document in which the principal makes a declaration of instructions or preferences or appoints an agent to make decisions on behalf of the principal regarding the principal's mental health treatment, or both, and that is consistent with the provisions of this chapter.
(13) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of chapter
71.05
RCW.
(14) "Principal" means a person who has executed a mental health advance directive.
(15) "Professional person" means a mental health professional and shall also mean a physician, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of chapter
71.05
RCW.
(16) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010
.
(17) "Substance use disorder" means a cluster of cognitive, behavioral, and physiological symptoms indicating that an individual continues using the substance despite significant substance-related problems. The diagnosis of a substance use disorder is based on a pathological pattern of behaviors related to the use of the substances.
[
2025 c 58 s 5155
. Prior:
2021 c 287 s 4
; (2021 c 287 s 3 expired July 1, 2022); (2021 c 287 s 2 expired January 1, 2022); prior:
2020 c 312 s 732
;
2020 c 80 s 53
;
2016 c 209 s 407
;
2011 c 89 s 15
;
2003 c 283 s 2
.]
NOTES:
Effective date
—
2025 c 58 ss 5058-5170:
See note following RCW 7.68.030
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Effective date
—
2021 c 287 s 4:
"Section 4 of this act takes effect July 1, 2022." [
2021 c 287 s 25
.]
Effective date
—
2021 c 287 s 3:
"Section 3 of this act takes effect January 1, 2022." [
2021 c 287 s 23
.]
Expiration date
—
2021 c 287 s 3:
"Section 3 of this act expires July 1, 2022." [
2021 c 287 s 24
.]
Expiration date
—
2021 c 287 s 2:
"Section 2 of this act expires January 1, 2022." [
2021 c 287 s 22
.]
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
Effective date
—
2020 c 80 ss 12-59:
See note following RCW 7.68.030
.
Intent
—
2020 c 80:
See note following RCW 18.71A.010
.
Short title
—
Application
—
Uniformity
—
Federal law application
—
Federal electronic signatures in global and national commerce act
—
Application
—
Dates
—
Effective date
—
2016 c 209:
See RCW 11.125.010
and
11.125.900
through
11.125.903
.
Effective date
—
2011 c 89:
See note following RCW 18.320.005
.
Findings
—
2011 c 89:
See RCW 18.320.005
.
RCW 71.32.030
Construction of definitions.
(1) The definition of informed consent is to be construed to be consistent with that term as it is used in chapter
7.70
RCW.
(2) The definitions of mental disorder, behavioral health disorder, mental health professional, and professional person are to be construed to be consistent with those terms as they are defined in RCW 71.05.020
.
[
2021 c 287 s 5
;
2003 c 283 s 3
.]
RCW 71.32.040
Presumption of capacity.
For the purposes of this chapter, an adult is presumed to have capacity. A person who is at least 13 years of age but under the age of majority is considered to have capacity for the purpose of executing a mental health advance directive if the person is able to demonstrate that they are capable of making informed decisions related to behavioral health care.
[
2021 c 287 s 6
;
2003 c 283 s 4
.]
RCW 71.32.050
Execution of directive
—
Scope.
(1) A person with capacity may execute a mental health advance directive.
(2) A directive executed in accordance with this chapter is presumed to be valid. The inability to honor one or more provisions of a directive does not affect the validity of the remaining provisions.
(3) A directive may include any provision relating to behavioral health treatment or the care of the principal or the principal's personal affairs. Without limitation, a directive may include:
(a) The principal's preferences and instructions for behavioral health treatment;
(b) Consent to specific types of behavioral health treatment;
(c) Refusal to consent to specific types of behavioral health treatment;
(d) Consent to admission to and retention in a facility for behavioral health treatment for up to 14 days;
(e) Descriptions of situations that may cause the principal to experience a behavioral health crisis;
(f) Suggested alternative responses that may supplement or be in lieu of direct behavioral health treatment, such as treatment approaches from other providers;
(g) Appointment of an agent pursuant to chapter
11.125
RCW to make behavioral health treatment decisions on the principal's behalf, including authorizing the agent to provide consent on the principal's behalf to voluntary admission to inpatient behavioral health treatment; and
(h) The principal's nomination of a guardian or limited guardian as provided in RCW 11.125.080
for consideration by the court if guardianship proceedings are commenced.
(4) A directive may be combined with or be independent of a nomination of a guardian or other durable power of attorney under chapter
11.125
RCW, so long as the processes for each are executed in accordance with its own statutes.
[
2021 c 287 s 7
;
2016 c 209 s 408
;
2003 c 283 s 5
.]
NOTES:
Short title
—
Application
—
Uniformity
—
Federal law application
—
Federal electronic signatures in global and national commerce act
—
Application
—
Dates
—
Effective date
—
2016 c 209:
See RCW 11.125.010
and
11.125.900
through
11.125.903
.
RCW 71.32.060
Execution of directive
—
Elements
—
Effective date
—
Expiration.
(1) A directive shall:
(a) Be in writing;
(b) Contain language that clearly indicates that the principal intends to create a directive;
(c) Be dated and signed by the principal or at the principal's direction in the principal's presence if the principal is unable to sign;
(d) Designate whether the principal wishes to be able to revoke the directive during any period of incapacity or wishes to be unable to revoke the directive during any period of incapacity; and
(e) Have the signature acknowledged before a notary public or other individual authorized by law to take acknowledgments, or be witnessed in writing by at least two adults, each of whom shall declare that he or she personally knows the principal, was present when the principal dated and signed the directive, and that the principal did not appear to be incapacitated or acting under fraud, undue influence, or duress.
(2) A directive that includes the appointment of an agent pursuant to a power of attorney under chapter
11.125
RCW shall contain the words "This power of attorney shall not be affected by the incapacity of the principal," or "This power of attorney shall become effective upon the incapacity of the principal," or similar words showing the principal's intent that the authority conferred shall be exercisable notwithstanding the principal's incapacity.
(3) A directive is valid upon execution, but all or part of the directive may take effect at a later time as designated by the principal in the directive.
(4) A directive may:
(a) Be revoked, in whole or in part, pursuant to the provisions of RCW 71.32.080
; or
(b) Expire under its own terms.
[
2021 c 287 s 8
;
2016 c 209 s 409
;
2003 c 283 s 6
.]
NOTES:
Short title
—
Application
—
Uniformity
—
Federal law application
—
Federal electronic signatures in global and national commerce act
—
Application
—
Dates
—
Effective date
—
2016 c 209:
See RCW 11.125.010
and
11.125.900
through
11.125.903
.
RCW 71.32.070
Prohibited elements.
A directive may not:
(1) Create an entitlement to behavioral health or medical treatment or supersede a determination of medical necessity;
(2) Obligate any health care provider, professional person, or health care facility to pay the costs associated with the treatment requested;
(3) Obligate any health care provider, professional person, or health care facility to be responsible for the nontreatment personal care of the principal or the principal's personal affairs outside the scope of services the facility normally provides;
(4) Replace or supersede the provisions of any will or testamentary document or supersede the provisions of intestate succession;
(5) Be revoked by an incapacitated principal unless that principal selected the option to permit revocation while incapacitated at the time his or her directive was executed; or
(6) Be used as the authority for inpatient admission for more than 14 days in any 21 day period.
[
2021 c 287 s 9
;
2003 c 283 s 7
.]
RCW 71.32.080
Revocation
—
Waiver.
(1)(a) A principal with capacity may, by written statement by the principal or at the principal's direction in the principal's presence, revoke a directive in whole or in part.
(b) An incapacitated principal may revoke a directive only if he or she elected at the time of executing the directive to be able to revoke when incapacitated.
(2) The revocation need not follow any specific form so long as it is written and the intent of the principal can be discerned. In the case of a directive that is stored in the health care declarations registry created by RCW 70.122.130, the revocation may be by an online method established by the department of health. Failure to use the online method of revocation for a directive that is stored in the registry does not invalidate a revocation that is made by another method described under this section.
(3) The principal shall provide a copy of his or her written statement of revocation to his or her agent, if any, and to each health care provider, professional person, or health care facility that received a copy of the directive from the principal.
(4) The written statement of revocation is effective:
(a) As to a health care provider, professional person, or health care facility, upon receipt. The professional person, health care provider, or health care facility, or persons acting under their direction shall make the statement of revocation part of the principal's medical record; and
(b) As to the principal's agent, upon receipt. The principal's agent shall notify the principal's health care provider, professional person, or health care facility of the revocation and provide them with a copy of the written statement of revocation.
(5) A directive also may:
(a) Be revoked, in whole or in part, expressly or to the extent of any inconsistency, by a subsequent directive; or
(b) Be superseded or revoked by a court order, including any order entered in a criminal matter. A directive may be superseded by a court order regardless of whether the order contains an explicit reference to the directive. To the extent a directive is not in conflict with a court order, the directive remains effective, subject to the provisions of RCW 71.32.150
. A directive shall not be interpreted in a manner that interferes with: (i) Incarceration or detention by the department of corrections, in a city or county jail, or by the department of social and health services; or (ii) treatment of a principal who is subject to involuntary treatment pursuant to chapter
10.77, 71.05, 71.09, or
71.34
RCW.
(6) A directive that would have otherwise expired but is effective because the principal is incapacitated remains effective until the principal is no longer incapacitated unless the principal has elected to be able to revoke while incapacitated and has revoked the directive.
(7) When a principal with capacity consents to treatment that differs from, or refuses treatment consented to in, the provisions of his or her directive, the consent or refusal constitutes a waiver of that provision and does not constitute a revocation of the provision or directive unless the principal also revokes the directive or provision.
[
2016 sp.s. c 29 s 423
;
2006 c 108 s 5
;
2003 c 283 s 8
.]
NOTES:
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Finding
—
Intent
—
2006 c 108:
See note following RCW 70.122.130
.
RCW 71.32.090
Witnesses.
A witness may not be any of the following:
(1) A person designated to make health care decisions on the principal's behalf;
(2) A health care provider or professional person directly involved with the provision of care to the principal at the time the directive is executed;
(3) An owner, operator, employee, or relative of an owner or operator of a health care facility or long-term care facility in which the principal is a patient or resident;
(4) A person who is related by blood, marriage, or adoption to the person or with whom the principal has a dating relationship, as defined in RCW 7.105.010
;
(5) A person who is declared to be an incapacitated person; or
(6) A person who would benefit financially if the principal making the directive undergoes mental health treatment.
[
2021 c 215 s 157
;
2003 c 283 s 9
.]
NOTES:
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
RCW 71.32.100
Appointment of agent.
(1) If a directive authorizes the appointment of an agent, the provisions of chapter
11.125
RCW and RCW 7.70.065
shall apply unless otherwise stated in this chapter.
(2) The principal who appoints an agent must notify the agent in writing of the appointment.
(3) An agent must act in good faith.
(4) An agent may make decisions on behalf of the principal. Unless the principal has revoked the directive, the decisions must be consistent with the instructions and preferences the principal has expressed in the directive, or if not expressed, as otherwise known to the agent. If the principal's instructions or preferences are not known, the agent shall make a decision he or she determines is in the best interest of the principal.
(5) A person authorized to act as an agent during periods when the principal is incapacitated may 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, to obtain access to the principal's health care information and communicate with the principal's health care provider. This subsection shall be construed to be consistent with chapters
70.02, 70.24, 71.05, and
71.34
RCW, and with federal law regarding health care information.
(6) Unless otherwise provided in the appointment and agreed to in writing by the agent, the agent is not, as a result of acting in the capacity of agent, personally liable for the cost of treatment provided to the principal.
(7) An agent may resign or withdraw at any time by giving written notice to the principal. The agent must also give written notice to any health care provider, professional person, or health care facility providing treatment to the principal. The resignation or withdrawal is effective upon receipt unless otherwise specified in the resignation or withdrawal.
(8) If the directive gives the agent authority to act while the principal has capacity, the decisions of the principal supersede those of the agent at any time the principal has capacity.
(9) An agent's authority terminates when an action is filed for the dissolution or annulment of the agent's marriage to the principal or for their legal separation, or an action is filed for dissolution or annulment of the agent's state registered domestic partnership with the principal or for their legal separation.
(10) Unless otherwise provided in the durable power of attorney, the principal may revoke the agent's appointment as provided under other state law.
[
2021 c 287 s 10
;
2016 c 209 s 410
;
2003 c 283 s 10
.]
NOTES:
Short title
—
Application
—
Uniformity
—
Federal law application
—
Federal electronic signatures in global and national commerce act
—
Application
—
Dates
—
Effective date
—
2016 c 209:
See RCW 11.125.010
and
11.125.900
through
11.125.903
.
RCW 71.32.110
Determination of capacity.
(Effective until June 30, 2027.)
(1) For the purposes of this chapter, a principal, agent, professional person, or health care provider may seek a determination whether the principal is incapacitated or has regained capacity.
(2)(a) For the purposes of this chapter, no adult may be declared an incapacitated person except by:
(i) A court, if the request is made by the principal or the principal's agent;
(ii) One mental health professional or substance use disorder professional and one health care provider; or
(iii) Two health care providers.
(b) One of the persons making the determination under (a)(ii) or (iii) of this subsection must be a psychiatrist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, psychologist, or a psychiatric advanced registered nurse practitioner.
(3) When a professional person or health care provider requests a capacity determination, he or she shall promptly inform the principal that:
(a) A request for capacity determination has been made; and
(b) The principal may request that the determination be made by a court.
(4) At least one mental health professional, substance use disorder professional, or health care provider must personally examine the principal prior to making a capacity determination.
(5)(a) When a court makes a determination whether a principal has capacity, the court shall, at a minimum, be informed by the testimony of one mental health professional or substance use disorder professional familiar with the principal and shall, except for good cause, give the principal an opportunity to appear in court prior to the court making its determination.
(b) To the extent that local court rules permit, any party or witness may testify telephonically.
(6) When a court has made a determination regarding a principal's capacity and there is a subsequent change in the principal's condition, subsequent determinations whether the principal is incapacitated may be made in accordance with any of the provisions of subsection (2) of this section.
[
2024 c 62 s 23
;
2021 c 287 s 11
;
2016 c 155 s 13
;
2003 c 283 s 11
.]
NOTES:
Effective date
—
2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32:
See note following RCW 18.71A.010
.
Intent
—
2024 c 62:
See note following RCW 18.71A.020
.
PDF
RCW 71.32.110
Determination of capacity.
(Effective June 30, 2027.)
(1) For the purposes of this chapter, a principal, agent, professional person, or health care provider may seek a determination whether the principal is incapacitated or has regained capacity.
(2)(a) For the purposes of this chapter, no adult may be declared an incapacitated person except by:
(i) A court, if the request is made by the principal or the principal's agent;
(ii) One mental health professional or substance use disorder professional and one health care provider; or
(iii) Two health care providers.
(b) One of the persons making the determination under (a)(ii) or (iii) of this subsection must be a psychiatrist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, psychologist, or a psychiatric advanced practice registered nurse.
(3) When a professional person or health care provider requests a capacity determination, he or she shall promptly inform the principal that:
(a) A request for capacity determination has been made; and
(b) The principal may request that the determination be made by a court.
(4) At least one mental health professional, substance use disorder professional, or health care provider must personally examine the principal prior to making a capacity determination.
(5)(a) When a court makes a determination whether a principal has capacity, the court shall, at a minimum, be informed by the testimony of one mental health professional or substance use disorder professional familiar with the principal and shall, except for good cause, give the principal an opportunity to appear in court prior to the court making its determination.
(b) To the extent that local court rules permit, any party or witness may testify telephonically.
(6) When a court has made a determination regarding a principal's capacity and there is a subsequent change in the principal's condition, subsequent determinations whether the principal is incapacitated may be made in accordance with any of the provisions of subsection (2) of this section.
[
2025 c 58 s 5156
;
2024 c 62 s 23
;
2021 c 287 s 11
;
2016 c 155 s 13
;
2003 c 283 s 11
.]
NOTES:
Effective date
—
2025 c 58 ss 5058-5170:
See note following RCW 7.68.030
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Effective date
—
2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32:
See note following RCW 18.71A.010
.
Intent
—
2024 c 62:
See note following RCW 18.71A.020
.
RCW 71.32.120
Action to contest directive.
A principal may bring an action to contest the validity of his or her directive. If an action under this section is commenced while an action to determine the principal's capacity is pending, the court shall consolidate the actions and decide the issues simultaneously.
[
2003 c 283 s 12
.]
RCW 71.32.130
Determination of capacity
—
Reevaluations of capacity.
(1) An initial determination of capacity must be completed within 48 hours of a request made by a person authorized in RCW 71.32.110
. During the period between the request for an initial determination of the principal's capacity and completion of that determination, the principal may not be treated unless he or she consents at the time or treatment is otherwise authorized by state or federal law.
(2)(a)(i) When an incapacitated principal is admitted to inpatient treatment pursuant to the provisions of his or her directive, his or her capacity must be reevaluated within 120 hours or when there has been a change in the principal's condition that indicates that he or she appears to have regained capacity, whichever occurs first.
(ii) When an incapacitated principal has been admitted to and remains in inpatient treatment for more than 120 hours pursuant to the provisions of his or her directive, the principal's capacity must be reevaluated when there has been a change in his or her condition that indicates that he or she appears to have regained capacity.
(iii) When a principal who is being treated on an inpatient basis and has been determined to be incapacitated requests, or his or her agent requests, a redetermination of the principal's capacity the redetermination must be made within 120 hours.
(b) When a principal who has been determined to be incapacitated is being treated on an outpatient basis and there is a request for a redetermination of his or her capacity, the redetermination must be made within five days of the first request following a determination.
(3)(a) When a principal who has appointed an agent for behavioral health treatment decisions requests a determination or redetermination of capacity, the agent must make reasonable efforts to obtain the determination or redetermination.
(b) When a principal who does not have an agent for behavioral health treatment decisions is being treated in an inpatient facility and requests a determination or redetermination of capacity, the mental health professional or health care provider must complete the determination or, if the principal is seeking a determination from a court, must make reasonable efforts to notify the person authorized to make decisions for the principal under RCW 7.70.065
of the principal's request.
(c) When a principal who does not have an agent for behavioral health treatment decisions is being treated on an outpatient basis, the person requesting a capacity determination must arrange for the determination.
(4) If no determination has been made within the time frames established in subsection (1) or (2) of this section, the principal shall be considered to have capacity.
(5) When an incapacitated principal is being treated pursuant to his or her directive, a request for a redetermination of capacity does not prevent treatment.
[
2021 c 287 s 12
;
2003 c 283 s 13
.]
RCW 71.32.140
Refusal of admission to inpatient treatment
—
Effect of directive.
(Effective until June 30, 2027.)
(1) A principal who:
(a) Chose not to be able to revoke his or her directive during any period of incapacity;
(b) Consented to voluntary admission to inpatient behavioral health treatment, or authorized an agent to consent on the principal's behalf; and
(c) At the time of admission to inpatient treatment, refuses to be admitted, may only be admitted into inpatient behavioral health treatment under subsection (2) of this section.
(2) A principal may only be admitted to inpatient behavioral health treatment under his or her directive if, prior to admission, a member of the treating facility's professional staff who is a physician, physician assistant, or psychiatric advanced registered nurse practitioner:
(a) Evaluates the principal's mental condition, including a review of reasonably available psychiatric and psychological history, diagnosis, and treatment needs, and determines, in conjunction with another health care provider, mental health professional, or substance use disorder professional, that the principal is incapacitated;
(b) Obtains the informed consent of the agent, if any, designated in the directive;
(c) Makes a written determination that the principal needs an inpatient evaluation or is in need of inpatient treatment and that the evaluation or treatment cannot be accomplished in a less restrictive setting; and
(d) Documents in the principal's medical record a summary of the physician's, physician assistant's, or psychiatric advanced registered nurse practitioner's findings and recommendations for treatment or evaluation.
(3) In the event the admitting physician is not a psychiatrist, the admitting physician assistant is not working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, or the *advanced registered nurse practitioner is not a psychiatric advanced registered nurse practitioner, the principal shall receive a complete behavioral health assessment by a mental health professional or substance use disorder professional within 24 hours of admission to determine the continued need for inpatient evaluation or treatment.
(4)(a) If it is determined that the principal has capacity, then the principal may only be admitted to, or remain in, inpatient treatment if he or she consents at the time, is admitted for family-initiated treatment under chapter
71.34
RCW, or is detained under the involuntary treatment provisions of chapter
71.05
or
71.34
RCW.
(b) If a principal who is determined by two health care providers or one mental health professional or substance use disorder professional and one health care provider to be incapacitated continues to refuse inpatient treatment, the principal may immediately seek injunctive relief for release from the facility.
(5) If, at the end of the period of time that the principal or the principal's agent, if any, has consented to voluntary inpatient treatment, but no more than 14 days after admission, the principal has not regained capacity or has regained capacity but refuses to consent to remain for additional treatment, the principal must be released during reasonable daylight hours, unless detained under chapter
71.05
or
71.34
RCW.
(6)(a) Except as provided in (b) of this subsection, any principal who is voluntarily admitted to inpatient behavioral health treatment under this chapter shall have all the rights provided to individuals who are voluntarily admitted to inpatient treatment under chapter
71.05, 71.34, or
72.23
RCW.
(b) Notwithstanding RCW 71.05.050
regarding consent to inpatient treatment for a specified length of time, the choices an incapacitated principal expressed in his or her directive shall control, provided, however, that a principal who takes action demonstrating a desire to be discharged, in addition to making statements requesting to be discharged, shall be discharged, and no principal shall be restrained in any way in order to prevent his or her discharge. Nothing in this subsection shall be construed to prevent detention and evaluation for civil commitment under chapter
71.05
RCW.
(7) Consent to inpatient admission in a directive is effective only while the professional person, health care provider, and health care facility are in substantial compliance with the material provisions of the directive related to inpatient treatment.
[
2024 c 62 s 24
;
2021 c 287 s 13
. Prior:
2016 sp.s. c 29 s 424
;
2016 c 155 s 14
;
2009 c 217 s 12
;
2004 c 39 s 2
;
2003 c 283 s 14
.]
NOTES:
*Reviser's note:
The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective date
—
2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32:
See note following RCW 18.71A.010
.
Intent
—
2024 c 62:
See note following RCW 18.71A.020
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Finding
—
Intent
—
2004 c 39:
"Questions have been raised about the intent of the legislature in cross-referencing RCW 71.05.050
without further clarification in RCW 71.32.140
. The legislature finds that because RCW 71.05.050
pertains to a variety of rights as well as the procedures for detaining a voluntary patient for evaluation for civil commitment, and the legislature intended only to address the right of release upon request, there is ambiguity as to whether an incapacitated person admitted pursuant to his or her mental health advance directive and seeking release can be held for evaluation for civil commitment under chapter
71.05
RCW. The legislature therefore intends to clarify the ambiguity without making any change to its intended policy as laid out in chapter
71.32
RCW." [
2004 c 39 s 1
.]
PDF
RCW 71.32.140
Refusal of admission to inpatient treatment
—
Effect of directive.
(Effective June 30, 2027.)
(1) A principal who:
(a) Chose not to be able to revoke his or her directive during any period of incapacity;
(b) Consented to voluntary admission to inpatient behavioral health treatment, or authorized an agent to consent on the principal's behalf; and
(c) At the time of admission to inpatient treatment, refuses to be admitted, may only be admitted into inpatient behavioral health treatment under subsection (2) of this section.
(2) A principal may only be admitted to inpatient behavioral health treatment under his or her directive if, prior to admission, a member of the treating facility's professional staff who is a physician, physician assistant, or psychiatric advanced practice registered nurse:
(a) Evaluates the principal's mental condition, including a review of reasonably available psychiatric and psychological history, diagnosis, and treatment needs, and determines, in conjunction with another health care provider, mental health professional, or substance use disorder professional, that the principal is incapacitated;
(b) Obtains the informed consent of the agent, if any, designated in the directive;
(c) Makes a written determination that the principal needs an inpatient evaluation or is in need of inpatient treatment and that the evaluation or treatment cannot be accomplished in a less restrictive setting; and
(d) Documents in the principal's medical record a summary of the physician's, physician assistant's, or psychiatric advanced practice registered nurse's findings and recommendations for treatment or evaluation.
(3) In the event the admitting physician is not a psychiatrist, the admitting physician assistant is not working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, or the advanced practice registered nurse is not a psychiatric advanced practice registered nurse, the principal shall receive a complete behavioral health assessment by a mental health professional or substance use disorder professional within 24 hours of admission to determine the continued need for inpatient evaluation or treatment.
(4)(a) If it is determined that the principal has capacity, then the principal may only be admitted to, or remain in, inpatient treatment if he or she consents at the time, is admitted for family-initiated treatment under chapter
71.34
RCW, or is detained under the involuntary treatment provisions of chapter
71.05
or
71.34
RCW.
(b) If a principal who is determined by two health care providers or one mental health professional or substance use disorder professional and one health care provider to be incapacitated continues to refuse inpatient treatment, the principal may immediately seek injunctive relief for release from the facility.
(5) If, at the end of the period of time that the principal or the principal's agent, if any, has consented to voluntary inpatient treatment, but no more than 14 days after admission, the principal has not regained capacity or has regained capacity but refuses to consent to remain for additional treatment, the principal must be released during reasonable daylight hours, unless detained under chapter
71.05
or
71.34
RCW.
(6)(a) Except as provided in (b) of this subsection, any principal who is voluntarily admitted to inpatient behavioral health treatment under this chapter shall have all the rights provided to individuals who are voluntarily admitted to inpatient treatment under chapter
71.05, 71.34, or
72.23
RCW.
(b) Notwithstanding RCW 71.05.050
regarding consent to inpatient treatment for a specified length of time, the choices an incapacitated principal expressed in his or her directive shall control, provided, however, that a principal who takes action demonstrating a desire to be discharged, in addition to making statements requesting to be discharged, shall be discharged, and no principal shall be restrained in any way in order to prevent his or her discharge. Nothing in this subsection shall be construed to prevent detention and evaluation for civil commitment under chapter
71.05
RCW.
(7) Consent to inpatient admission in a directive is effective only while the professional person, health care provider, and health care facility are in substantial compliance with the material provisions of the directive related to inpatient treatment.
[
2025 c 58 s 5157
;
2024 c 62 s 24
;
2021 c 287 s 13
. Prior:
2016 sp.s. c 29 s 424
;
2016 c 155 s 14
;
2009 c 217 s 12
;
2004 c 39 s 2
;
2003 c 283 s 14
.]
NOTES:
Effective date
—
2025 c 58 ss 5058-5170:
See note following RCW 7.68.030
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Effective date
—
2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32:
See note following RCW 18.71A.010
.
Intent
—
2024 c 62:
See note following RCW 18.71A.020
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Finding
—
Intent
—
2004 c 39:
"Questions have been raised about the intent of the legislature in cross-referencing RCW 71.05.050
without further clarification in RCW 71.32.140
. The legislature finds that because RCW 71.05.050
pertains to a variety of rights as well as the procedures for detaining a voluntary patient for evaluation for civil commitment, and the legislature intended only to address the right of release upon request, there is ambiguity as to whether an incapacitated person admitted pursuant to his or her mental health advance directive and seeking release can be held for evaluation for civil commitment under chapter
71.05
RCW. The legislature therefore intends to clarify the ambiguity without making any change to its intended policy as laid out in chapter
71.32
RCW." [
2004 c 39 s 1
.]
RCW 71.32.150
Compliance with directive
—
Conditions for noncompliance.
(1) Upon receiving a directive, a health care provider, professional person, or health care facility providing treatment to the principal, or persons acting under the direction of the health care provider, professional person, or health care facility, shall make the directive a part of the principal's medical record and shall be deemed to have actual knowledge of the directive's contents.
(2) When acting under authority of a directive, a health care provider, professional person, or health care facility shall act in accordance with the provisions of the directive to the fullest extent possible, unless in the determination of the health care provider, professional person, or health care facility:
(a) Compliance with the provision would violate the accepted standard of care established in RCW 7.70.040
;
(b) The requested treatment is not available;
(c) Compliance with the provision would violate applicable law; or
(d) It is an emergency situation and compliance would endanger any person's life or health.
(3)(a) In the case of a principal committed or detained under the involuntary treatment provisions of chapter
10.77, 71.05, 71.09, or
71.34
RCW, those provisions of a principal's directive that, in the determination of the health care provider, professional person, or health care facility, are inconsistent with the purpose of the commitment or with any order of the court relating to the commitment are invalid during the commitment.
(b) Remaining provisions of a principal's directive are advisory while the principal is committed or detained.
The treatment provider is encouraged to follow the remaining provisions of the directive, except as provided in (a) of this subsection or subsection (2) of this section.
(4) In the case of a principal who is incarcerated or committed in a state or local correctional facility, provisions of the principal's directive that are inconsistent with reasonable penological objectives or administrative hearings regarding involuntary medication are invalid during the period of incarceration or commitment. In addition, treatment may be given despite refusal of the principal or the provisions of the directive: (a) For any reason under subsection (2) of this section; or (b) if, without the benefit of the specific treatment measure, there is a significant possibility that the person will harm self or others before an improvement of the person's condition occurs.
(5)(a) If the health care provider, professional person, or health care facility is, at the time of receiving the directive, unable or unwilling to comply with any part or parts of the directive for any reason, the health care provider, professional person, or health care facility shall promptly notify the principal and, if applicable, his or her agent and shall document the reason in the principal's medical record.
(b) If the health care provider, professional person, or health care facility is acting under authority of a directive and is unable to comply with any part or parts of the directive for the reasons listed in subsection (2) or (3) of this section, the health care provider, professional person, or health care facility shall promptly notify the principal and if applicable, his or her agent, and shall document the reason in the principal's medical record.
(6) In the event that one or more parts of the directive are not followed because of one or more of the reasons set forth in subsection (2) or (4) of this section, all other parts of the directive shall be followed.
(7) If no provider-patient relationship has previously been established, nothing in this chapter requires the establishment of a provider-patient relationship.
[
2016 sp.s. c 29 s 425
;
2003 c 283 s 15
.]
NOTES:
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
RCW 71.32.160
Electroconvulsive therapy.
Where a principal consents in a directive to electroconvulsive therapy, the health care provider, professional person, or health care facility, or persons acting under the direction of the health care provider, professional person, or health care facility, shall document the therapy and the reason it was used in the principal's medical record.
[
2003 c 283 s 16
.]
RCW 71.32.170
Providers
—
Immunity from liability
—
Conditions.
(1) For the purposes of this section, "provider" means a private or public agency, government entity, health care provider, professional person, health care facility, or person acting under the direction of a health care provider or professional person, health care facility, or long-term care facility.
(2) A provider is not subject to civil liability or sanctions for unprofessional conduct under the uniform disciplinary act, chapter
18.130
RCW, when in good faith and without negligence:
(a) The provider provides treatment to a principal in the absence of actual knowledge of the existence of a directive, or provides treatment pursuant to a directive in the absence of actual knowledge of the revocation of the directive;
(b) A health care provider or mental health professional determines that the principal is or is not incapacitated for the purpose of deciding whether to proceed according to a directive, and acts upon that determination;
(c) The provider administers or does not administer behavioral health treatment according to the principal's directive in good faith reliance upon the validity of the directive and the directive is subsequently found to be invalid;
(d) The provider does not provide treatment according to the directive for one of the reasons authorized under RCW 71.32.150
; or
(e) The provider provides treatment according to the principal's directive.
[
2021 c 287 s 14
;
2003 c 283 s 17
.]
RCW 71.32.180
Multiple directives, agents
—
Effect
—
Disclosure of court orders.
(1) Where an incapacitated principal has executed more than one valid directive and has not revoked any of the directives:
(a) The directive most recently created shall be treated as the principal's behavioral health treatment preferences and instructions as to any inconsistent or conflicting provisions, unless provided otherwise in either document.
(b) Where a directive executed under this chapter is inconsistent with a directive executed under any other chapter, the most recently created directive controls as to the inconsistent provisions.
(2) Where an incapacitated principal has appointed more than one agent under chapter
11.125
RCW with authority to make behavioral health treatment decisions, RCW 11.125.400
controls.
(3) The treatment provider shall inquire of a principal whether the principal is subject to any court orders that would affect the implementation of his or her directive.
[
2021 c 287 s 15
;
2016 c 209 s 411
;
2003 c 283 s 18
.]
NOTES:
Short title
—
Application
—
Uniformity
—
Federal law application
—
Federal electronic signatures in global and national commerce act
—
Application
—
Dates
—
Effective date
—
2016 c 209:
See RCW 11.125.010
and
11.125.900
through
11.125.903
.
RCW 71.32.190
Preexisting, foreign directives
—
Validity.
(1) Directives validly executed before July 27, 2003, shall be given full force and effect until revoked, superseded, or expired.
(2) A directive validly executed in another political jurisdiction is valid to the extent permitted by Washington state law.
[
2003 c 283 s 19
.]
RCW 71.32.200
Fraud, duress, undue influence
—
Appointment of guardian.
Any person with reasonable cause to believe that a directive has been created or revoked under circumstances amounting to fraud, duress, or undue influence may petition the court for appointment of a guardian for the person or to review the actions of the agent or person alleged to be involved in improper conduct under RCW 11.125.160
or chapter
74.34
RCW.
[
2021 c 215 s 158
;
2016 c 209 s 412
;
2003 c 283 s 20
.]
NOTES:
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Short title
—
Application
—
Uniformity
—
Federal law application
—
Federal electronic signatures in global and national commerce act
—
Application
—
Dates
—
Effective date
—
2016 c 209:
See RCW 11.125.010
and
11.125.900
through
11.125.903
.
RCW 71.32.210
Execution of directive not evidence of behavioral health disorder or lack of capacity.
The fact that a person has executed a directive does not constitute an indication of behavioral health disorder or that the person is not capable of providing informed consent.
[
2021 c 287 s 16
;
2003 c 283 s 21
.]
RCW 71.32.220
Requiring directive prohibited.
A person shall not be required to execute or to refrain from executing a directive, nor shall the existence of a directive be used as a criterion for insurance, as a condition for receiving behavioral or physical health services, or as a condition of admission to or discharge from a health care facility or long-term care facility.
[
2021 c 287 s 17
;
2003 c 283 s 22
.]
RCW 71.32.230
Coercion, threats prohibited.
No person or health care facility may use or threaten abuse, neglect, financial exploitation, or abandonment of the principal, as those terms are defined in RCW 74.34.020, to carry out the directive.
[
2003 c 283 s 23
.]
RCW 71.32.240
Other authority not limited.
A directive does not limit any authority otherwise provided in Title
10, 70, or
71
RCW, or any other applicable state or federal laws to detain a person, take a person into custody, or to admit, retain, or treat a person in a health care facility.
[
2003 c 283 s 24
.]
RCW 71.32.250
Long-term care facility residents
—
Readmission after inpatient behavioral health treatment
—
Evaluation, report to legislature.
(Effective until June 30, 2027.)
(1) If a principal who is a resident of a long-term care facility is admitted to inpatient behavioral health treatment pursuant to his or her directive, the principal shall be allowed to be readmitted to the same long-term care facility as if his or her inpatient admission had been for a physical condition on the same basis that the principal would be readmitted under state or federal statute or rule when:
(a) The treating facility's professional staff determine that inpatient behavioral health treatment is no longer medically necessary for the resident. The determination shall be made in writing by a psychiatrist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, or a psychiatric advanced registered nurse practitioner, or (i) one physician and a mental health professional or substance use disorder professional; (ii) one physician assistant and a mental health professional or substance use disorder professional; or (iii) one psychiatric advanced registered nurse practitioner and a mental health professional or substance use disorder professional; or
(b) The person's consent to admission in his or her directive has expired.
(2)(a) If the long-term care facility does not have a bed available at the time of discharge, the treating facility may discharge the resident, in consultation with the resident and agent if any, and in accordance with a medically appropriate discharge plan, to another long-term care facility.
(b) This section shall apply to inpatient behavioral health treatment admission of long-term care facility residents, regardless of whether the admission is directly from a facility, hospital emergency room, or other location.
(c) This section does not restrict the right of the resident to an earlier release from the inpatient treatment facility. This section does not restrict the right of a long-term care facility to initiate transfer or discharge of a resident who is readmitted pursuant to this section, provided that the facility has complied with the laws governing the transfer or discharge of a resident.
(3) The joint legislative audit and review committee shall conduct an evaluation of the operation and impact of this section. The committee shall report its findings to the appropriate committees of the legislature by December 1, 2004.
[
2024 c 62 s 25
;
2021 c 287 s 18
;
2016 c 155 s 15
;
2009 c 217 s 13
;
2003 c 283 s 25
.]
NOTES:
Effective date
—
2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32:
See note following RCW 18.71A.010
.
Intent
—
2024 c 62:
See note following RCW 18.71A.020
.
PDF
RCW 71.32.250
Long-term care facility residents
—
Readmission after inpatient behavioral health treatment
—
Evaluation, report to legislature.
(Effective June 30, 2027.)
(1) If a principal who is a resident of a long-term care facility is admitted to inpatient behavioral health treatment pursuant to his or her directive, the principal shall be allowed to be readmitted to the same long-term care facility as if his or her inpatient admission had been for a physical condition on the same basis that the principal would be readmitted under state or federal statute or rule when:
(a) The treating facility's professional staff determine that inpatient behavioral health treatment is no longer medically necessary for the resident. The determination shall be made in writing by a psychiatrist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, or a psychiatric advanced practice registered nurse, or (i) one physician and a mental health professional or substance use disorder professional; (ii) one physician assistant and a mental health professional or substance use disorder professional; or (iii) one psychiatric advanced practice registered nurse and a mental health professional or substance use disorder professional; or
(b) The person's consent to admission in his or her directive has expired.
(2)(a) If the long-term care facility does not have a bed available at the time of discharge, the treating facility may discharge the resident, in consultation with the resident and agent if any, and in accordance with a medically appropriate discharge plan, to another long-term care facility.
(b) This section shall apply to inpatient behavioral health treatment admission of long-term care facility residents, regardless of whether the admission is directly from a facility, hospital emergency room, or other location.
(c) This section does not restrict the right of the resident to an earlier release from the inpatient treatment facility. This section does not restrict the right of a long-term care facility to initiate transfer or discharge of a resident who is readmitted pursuant to this section, provided that the facility has complied with the laws governing the transfer or discharge of a resident.
(3) The joint legislative audit and review committee shall conduct an evaluation of the operation and impact of this section. The committee shall report its findings to the appropriate committees of the legislature by December 1, 2004.
[
2025 c 58 s 5158
;
2024 c 62 s 25
;
2021 c 287 s 18
;
2016 c 155 s 15
;
2009 c 217 s 13
;
2003 c 283 s 25
.]
NOTES:
Effective date
—
2025 c 58 ss 5058-5170:
See note following RCW 7.68.030
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Effective date
—
2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32:
See note following RCW 18.71A.010
.
Intent
—
2024 c 62:
See note following RCW 18.71A.020
.
RCW 71.32.260
Form.
(Effective until June 30, 2027.)
The directive shall be in substantially the following form:
Mental Health Advance Directive of (client name)
With Appointment of (agent name) as
Agent for Mental Health Decisions
PART I.
STATEMENT OF INTENT TO CREATE A
MENTAL HEALTH ADVANCE DIRECTIVE
I, (Client name), being a person with capacity, willfully and voluntarily execute this mental health advance directive so that my choices regarding my mental health care will be carried out in circumstances when I am unable to express my instructions and preferences regarding my mental health care.
PART II.
MY CARE NEEDS – WHAT WORKS FOR ME
In order to assist in carrying out my directive I would like my providers and my agent to know the following information:
I have been diagnosed with (client illnesses both mental health and physical diagnoses) for which I take (list medications).
I am also on the following other medications: (list any other medications for other conditions).
The best treatment method for my illness is (give general overview of what works best for client).
I have/do not have a history of substance abuse. My preferences and treatment options around medication management related to substance abuse are:
PART III.
WHEN THIS DIRECTIVE IS EFFECTIVE
(
You must complete this part for your directive to be valid.)
I intend that this directive become effective (YOU MUST CHOOSE ONLY ONE):
. . . . . . Immediately upon my signing of this directive.
. . . . . . If I become incapacitated.
. . . . . . When the following circumstances, symptoms, or behaviors occur:
PART IV.
DURATION OF THIS DIRECTIVE
(You must complete this part for your directive to be valid.)
I want this directive to (YOU MUST CHOOSE ONLY ONE):
. . . . . . Remain valid and in effect for an indefinite period of time.
. . . . . . Automatically expire . . . . . . years from the date it was created.
PART V.
WHEN I MAY REVOKE THIS DIRECTIVE
(You must complete this part for this directive to be valid.)
I intend that I be able to revoke this directive (YOU MUST CHOOSE ONLY ONE):
. . . . . . Only when I have capacity.
I understand that choosing this option means I may only revoke this directive if I have capacity. I further understand that if I choose this option and become incapacitated while this directive is in effect, I may receive treatment that I specify in this directive, even if I object at the time.
. . . . . . Even if I am incapacitated.
I understand that choosing this option means that I may revoke this directive even if I am incapacitated. I further understand that if I choose this option and revoke this directive while I am incapacitated I may not receive treatment that I specify in this directive, even if I want the treatment.
PART VI.
PREFERENCES AND INSTRUCTIONS ABOUT TREATMENT, FACILITIES, AND PHYSICIANS, PHYSICIAN ASSISTANTS, OR *ADVANCED REGISTERED NURSE PRACTITIONERS
A. Preferences and Instructions About Physician(s), Physician Assistant(s), or *Advanced Registered Nurse Practitioner(s) to be Involved in My Treatment
I would like the physician(s), physician assistant(s), or *advanced registered nurse practitioner(s) named below to be involved in my treatment decisions:
I do not wish to be treated by
B. Preferences and Instructions About Other Providers
I am receiving other treatment or care from providers who I feel have an impact on my mental health care. I would like the following treatment provider(s) to be contacted when this directive is effective:
C. Preferences and Instructions About Medications for Psychiatric Treatment (check all that apply)
. . . . . . I consent, and authorize my agent (if appointed) to consent, to the following medications:
. . . . . . I do not consent, and I do not authorize my agent (if appointed) to consent, to the administration of the following medications:
. . . . . . I am willing to take the medications excluded above if my only reason for excluding them is the side effects which include:
and these side effects can be eliminated by dosage adjustment or other means
. . . . . . I am willing to try any other medication the hospital doctor, physician assistant, or *advanced registered nurse practitioner recommends.
. . . . . . I am willing to try any other medications my outpatient doctor, physician assistant, or *advanced registered nurse practitioner recommends.
. . . . . . I do not want to try any other medications.
Medication Allergies.
I have allergies to, or severe side effects from, the following:
Other Medication Preferences or Instructions
. . . . . . I have the following other preferences or instructions about medications:
D. Preferences and Instructions About Hospitalization and Alternatives
(check all that apply and, if desired, rank "1" for first choice, "2" for second choice, and so on)
. . . . . . In the event my psychiatric condition is serious enough to require 24-hour care and I have no physical conditions that require immediate access to emergency medical care, I prefer to receive this care in programs/facilities designed as alternatives to psychiatric hospitalizations.
. . . . . . I would also like the interventions below to be tried before hospitalization is considered:
. . . . . . Calling someone or having someone call me when needed.
Name:. . . .   Telephone/text:. . . .   Email:. . . .
. . . . . . Staying overnight with someone
Name:. . . .  Telephone/text:. . . .  Email:. . . .
. . . . . . Having a mental health service provider come to see me.
. . . . . . Going to a crisis triage center or emergency room.
. . . . . . Staying overnight at a crisis respite (temporary) bed.
. . . . . . Seeing a service provider for help with psychiatric medications.
. . . . . . Other, specify:
Authority to Consent to Inpatient Treatment
I consent, and authorize my agent (if appointed) to consent, to voluntary admission to inpatient mental health treatment for ...... days (not to exceed 14 days).
(Sign one): . . . .
. . . . . . If deemed appropriate by my agent (if appointed) and treating physician, physician assistant, or *advanced registered nurse practitioner
. . . .
(Signature)
Or
. . . . . . Under the following circumstances (specify symptoms, behaviors, or circumstances that indicate the need for hospitalization)
. . . .
(Signature)
. . . . . . I do not consent, or authorize my agent (if appointed) to consent, to inpatient treatment
. . . .
(Signature)
Hospital Preferences and Instructions
If hospitalization is required, I prefer the following hospitals:
I do not consent to be admitted to the following hospitals:
E. Preferences and Instructions About Preemergency
I would like the interventions below to be tried before use of seclusion or restraint is considered (check all that apply):
. . . . . . "Talk me down" one-on-one
. . . . . . More medication
. . . . . . Time out/privacy
. . . . . . Show of authority/force
. . . . . . Shift my attention to something else
. . . . . . Set firm limits on my behavior
. . . . . . Help me to discuss/vent feelings
. . . . . . Decrease stimulation
. . . . . . Offer to have neutral person settle dispute
. . . . . . Other:
F. Preferences and Instructions About Seclusion, Restraint, and Emergency Medications
If it is determined that I am engaging in behavior that requires seclusion, physical restraint, and/or emergency use of medication, I prefer these interventions in the order I have chosen (choose "1" for first choice, "2" for second choice, and so on):
. . . . . . Seclusion
. . . . . . Seclusion and physical restraint (combined)
. . . . . . Medication by injection
. . . . . . Medication in pill or liquid form
In the event that my attending physician, physician assistant, or *advanced registered nurse practitioner decides to use medication in response to an emergency situation after due consideration of my preferences and instructions for emergency treatments stated above, I expect the choice of medication to reflect any preferences and instructions I have expressed in Part VI C. of this form. The preferences and instructions I express in this section regarding medication in emergency situations do not constitute consent to use of the medication for nonemergency treatment.
G. Preferences and Instructions About Electroconvulsive Therapy
(ECT or Shock Therapy)
My wishes regarding electroconvulsive therapy are (sign one):
. . . . . .I do not consent, nor authorize my agent (if appointed) to consent, to the administration of electroconvulsive therapy
. . . .
(Signature)
. . . . . .  I consent, and authorize my agent (if appointed) to consent, to the administration of electroconvulsive therapy
. . . .
(Signature)
. . . . . . I consent, and authorize my agent (if appointed) to consent, to the administration of electroconvulsive therapy, but only under the following conditions:
. . . .
(Signature)
H. Preferences and Instructions About Who is Permitted to Visit
If I have been admitted to a mental health treatment facility, the following people are not permitted to visit me there:
Name: . . . .
Name: . . . .
I understand that persons not listed above may be permitted to visit me.
I. Additional Instructions About My Mental Health Care
Other instructions about my mental health care:
In case of emergency, please contact:
Name: . . . .
Work telephone: . . . .
Physician, physician assistant, or *advanced registered nurse practitioner: . . . .
Telephone: . . . .
Address: . . . .
Home telephone: . . . .
Address: . . . .
Email: . . . .
The following may help me to avoid a hospitalization:
I generally react to being hospitalized as follows:
Staff of the hospital or crisis unit can help me by doing the following:
J. Refusal of Treatment
I do not consent to any mental health treatment.
. . . .
(Signature)
PART VII.
DURABLE POWER OF ATTORNEY (APPOINTMENT OF MY AGENT)
(
Fill out this part only if you wish to appoint an agent or nominate a guardian.
)
I authorize an agent to make mental health treatment decisions on my behalf. The authority granted to my agent includes the right to consent, refuse consent, or withdraw consent to any mental health care, treatment, service, or procedure, consistent with any instructions and/or limitations I have set forth in this directive. I intend that those decisions should be made in accordance with my expressed wishes as set forth in this document. If I have not expressed a choice in this document
and my agent does not otherwise know my wishes
, I authorize my agent to make the decision that my agent determines is in my best interest. This agency shall not be affected by my incapacity. Unless I state otherwise in this durable power of attorney, I may revoke it unless prohibited by other state law.
HIPAA Release Authority. In addition to the other powers granted by this document, I grant to my Attorney-in-Fact the power and authority to serve as my personal representative for all purposes under the Health Insurance Portability and Accountability Act (HIPAA) of 1996, as amended from time to time, and its regulations. My Attorney-in-Fact will serve as my "HIPAA personal representative" and will exercise this authority at any time that my Attorney-in-Fact is exercising authority under this document.
A. Designation of an Agent
Name: . . . .
Address: . . . .
Work phone: . . . .
Home/cell phone: . . . .
Relationship: . . . .
Email: . . . .
B. Designation of Alternate Agent
If the person named above is unavailable, unable, or refuses to serve as my agent, or I revoke that person's authority to serve as my agent, I hereby appoint the following person as my alternate agent and request that this person be notified immediately when this directive becomes effective or when my original agent is no longer my agent:
Name: . . . .
Address: . . . .
Work phone: . . . .
Home phone: . . . .
Relationship: . . . .
Email: . . . .
C. Limitations on My Agent's Authority
I do not grant my agent the authority to consent on my behalf to the following:
D. Limitations on My Ability to Revoke this Durable Power of Attorney
I choose to limit my ability to revoke this durable power of attorney as follows:
E. Preference as to Court-Appointed Guardian
In the event a court appoints a guardian who will make decisions regarding my mental health treatment, I
nominate
my then-serving agent (or name someone else)
as my guardian
:
Name and contact information (if someone other than agent or alternate):
The appointment of a guardian of my estate or my person or any other decision maker shall not give the guardian or decision maker the power to revoke, suspend, or terminate this directive or the powers of my agent, except as authorized by law.
PART VIII.
OTHER DOCUMENTS
(
Initial all that apply
)
I have executed the following documents that include the power to make decisions regarding health care services for myself:
. . . . . . Health care power of attorney (chapter
11.125
RCW)
. . . . . . "Living will" (Health care directive; chapter
70.122
RCW)
. . . . . . I have appointed more than one agent. I understand that the most recently appointed agent controls except as stated below:
PART IX.
NOTIFICATION OF OTHERS AND CARE OF PERSONAL AFFAIRS
(
Fill out this part only if you wish to provide nontreatment instructions.
)
I understand the preferences and instructions in this part are
NOT
the responsibility of my treatment provider and that no treatment provider is required to act on them.
A. Who Should Be Notified
I desire my agent to notify the following individuals as soon as possible if I am admitted to a mental health facility:
Name: . . . .
Address: . . . .
Day telephone: . . . .
Evening telephone: . . . .
Name: . . . .
Address: . . . .
Day telephone: . . . .
Evening telephone: . . . .
Name: . . . .
Address: . . . .
Day telephone: . . . .
Evening telephone: . . . .
B. Preferences or Instructions About Personal Affairs
I have the following preferences or instructions about my personal affairs (e.g., care of dependents, pets, household) if I am admitted to a mental health treatment facility:
C. Additional Preferences and Instructions:
PART X.
SIGNATURE
By signing here, I indicate that I understand the purpose and effect of this document and that I am giving my informed consent to the treatments and/or admission to which I have consented or authorized my agent to consent in this directive. I intend that my consent in this directive be construed as being consistent with the elements of informed consent under chapter
7.70
RCW.
In witness of this, I have signed on this . . . . . . day of . . . . . ., 20. . . .
Signature: . . . .
STATE OF WASHINGTON )
) ss.
COUNTY OF . . . .)
I certify that I know or have satisfactory evidence that (client name) is the person who appeared before me, and said person acknowledged that he or she signed this Durable Power of Attorney and acknowledged it to be his or her free and voluntary act for the uses and purposes mentioned in this instrument.
SUBSCRIBED and SWORN to before me this . . . . . .  day of . . . . . ., 20. . . .
. . . .
SIGNATURE OF NOTARY
. . . .
PRINT NAME OF NOTARY
NOTARY PUBLIC for the State of Washington at . . . .
My commission expires . . . .
OR have two witnesses:
Name: . . . .
This directive was signed and declared by the "Principal," to be his or her directive, in our presence who, at his or her request, have signed our names below as witnesses. We declare that, at the time of the creation of this instrument, the Principal is personally known to us, and, according to our best knowledge and belief, has capacity at this time and does not appear to be acting under duress, undue influence, or fraud. We further declare that none of us is:
(A) A person designated to make medical decisions on the principal's behalf;
(B) A health care provider or professional person directly involved with the provision of care to the principal at the time the directive is executed;
(C) An owner, operator, employee, or relative of an owner or operator of a health care facility or long-term care facility in which the principal is a patient or resident;
(D) A person who is related by blood, marriage, or adoption to the person, or with whom the principal has a dating relationship as defined in RCW 7.105.010
;
(E) An incapacitated person;
(F) A person who would benefit financially if the principal undergoes mental health treatment; or
(G) A minor.
Witness 1 Signature: . . . .
Date: . . . .
Printed Name: . . . .
Address: . . . .
Telephone: . . . .
Witness 2 Signature: . . . .
Date: . . . .
Printed Name: . . . .
Address: . . . .
Telephone: . . . .
PART XI.
RECORD OF DIRECTIVE
I have given a copy of this directive to the following persons:
Name: . . . .
Address: . . . .
Day telephone: . . . .
Evening telephone: . . . .
Name: . . . .
Address: . . . .
Day telephone: . . . .
Evening telephone: . . . .
DO NOT FILL OUT PART XII UNLESS YOU INTEND TO REVOKE THIS DIRECTIVE IN PART OR IN WHOLE
PART XII.
REVOCATION OF THIS DIRECTIVE
(Initial any that apply):
. . . . . . I am revoking the following part(s) of this directive (specify):
Date: . . . . . . . . .
. . . . . . I am revoking all of this directive.
By signing here, I indicate that I understand the purpose and effect of my revocation and that no person is bound by any revoked provision(s). I intend this revocation to be interpreted as if I had never completed the revoked provision(s).
. . . .
(Signature)
Printed Name: . . . .
DO NOT SIGN THIS PART UNLESS YOU INTEND TO REVOKE THIS
DIRECTIVE IN PART OR IN WHOLE
[
2021 c 287 s 19
;
2021 c 215 s 159
. Prior:
2016 c 209 s 413
;
2016 c 155 s 16
;
2009 c 217 s 14
;
2003 c 283 s 26
.]
NOTES:
Reviser's note:
*(1) The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
(2) This section was amended by 2021 c 215 s 159 and by 2021 c 287 s 19, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Short title
—
Application
—
Uniformity
—
Federal law application
—
Federal electronic signatures in global and national commerce act
—
Application
—
Dates
—
Effective date
—
2016 c 209:
See RCW 11.125.010
and
11.125.900
through
11.125.903
.
PDF
RCW 71.32.260
Form.
(Effective June 30, 2027.)
The directive shall be in substantially the following form:
Mental Health Advance Directive of (client name)
With Appointment of (agent name) as
Agent for Mental Health Decisions
PART I.
STATEMENT OF INTENT TO CREATE A
MENTAL HEALTH ADVANCE DIRECTIVE
I, (Client name), being a person with capacity, willfully and voluntarily execute this mental health advance directive so that my choices regarding my mental health care will be carried out in circumstances when I am unable to express my instructions and preferences regarding my mental health care.
PART II.
MY CARE NEEDS – WHAT WORKS FOR ME
In order to assist in carrying out my directive I would like my providers and my agent to know the following information:
I have been diagnosed with (client illnesses both mental health and physical diagnoses) for which I take (list medications).
I am also on the following other medications: (list any other medications for other conditions).
The best treatment method for my illness is (give general overview of what works best for client).
I have/do not have a history of substance abuse. My preferences and treatment options around medication management related to substance abuse are:
PART III.
WHEN THIS DIRECTIVE IS EFFECTIVE
(
You must complete this part for your directive to be valid.)
I intend that this directive become effective (YOU MUST CHOOSE ONLY ONE):
. . . . . . Immediately upon my signing of this directive.
. . . . . . If I become incapacitated.
. . . . . . When the following circumstances, symptoms, or behaviors occur:
PART IV.
DURATION OF THIS DIRECTIVE
(You must complete this part for your directive to be valid.)
I want this directive to (YOU MUST CHOOSE ONLY ONE):
. . . . . . Remain valid and in effect for an indefinite period of time.
. . . . . . Automatically expire . . . . . . years from the date it was created.
PART V.
WHEN I MAY REVOKE THIS DIRECTIVE
(You must complete this part for this directive to be valid.)
I intend that I be able to revoke this directive (YOU MUST CHOOSE ONLY ONE):
. . . . . . Only when I have capacity.
I understand that choosing this option means I may only revoke this directive if I have capacity. I further understand that if I choose this option and become incapacitated while this directive is in effect, I may receive treatment that I specify in this directive, even if I object at the time.
. . . . . . Even if I am incapacitated.
I understand that choosing this option means that I may revoke this directive even if I am incapacitated. I further understand that if I choose this option and revoke this directive while I am incapacitated I may not receive treatment that I specify in this directive, even if I want the treatment.
PART VI.
PREFERENCES AND INSTRUCTIONS ABOUT TREATMENT, FACILITIES, AND PHYSICIANS, PHYSICIAN ASSISTANTS, OR ADVANCED
PRACTICE REGISTERED NURSES
A. Preferences and Instructions About Physician(s), Physician Assistant(s), or Advanced Practice Registered Nurse(s) to be Involved in My Treatment
I would like the physician(s), physician assistant(s), or advanced practice registered nurse(s) named below to be involved in my treatment decisions:
I do not wish to be treated by
B. Preferences and Instructions About Other Providers
I am receiving other treatment or care from providers who I feel have an impact on my mental health care. I would like the following treatment provider(s) to be contacted when this directive is effective:
C. Preferences and Instructions About Medications for Psychiatric Treatment (check all that apply)
. . . . . . I consent, and authorize my agent (if appointed) to consent, to the following medications:
. . . . . . I do not consent, and I do not authorize my agent (if appointed) to consent, to the administration of the following medications:
. . . . . . I am willing to take the medications excluded above if my only reason for excluding them is the side effects which include:
and these side effects can be eliminated by dosage adjustment or other means
. . . . . . I am willing to try any other medication the hospital doctor, physician assistant, or advanced practice registered nurse recommends.
. . . . . . I am willing to try any other medications my outpatient doctor, physician assistant, or advanced practice registered nurse recommends.
. . . . . . I do not want to try any other medications.
Medication Allergies.
I have allergies to, or severe side effects from, the following:
Other Medication Preferences or Instructions
. . . . . . I have the following other preferences or instructions about medications:
D. Preferences and Instructions About Hospitalization and Alternatives
(check all that apply and, if desired, rank "1" for first choice, "2" for second choice, and so on)
. . . . . . In the event my psychiatric condition is serious enough to require 24-hour care and I have no physical conditions that require immediate access to emergency medical care, I prefer to receive this care in programs/facilities designed as alternatives to psychiatric hospitalizations.
. . . . . . I would also like the interventions below to be tried before hospitalization is considered:
. . . . . . Calling someone or having someone call me when needed.
Name:. . . . Telephone/text:. . . . Email:. . . .
. . . . . . Staying overnight with someone
Name:. . . . Telephone/text:. . . . Email:. . . .
. . . . . . Having a mental health service provider come to see me.
. . . . . . Going to a crisis triage center or emergency room.
. . . . . . Staying overnight at a crisis respite (temporary) bed.
. . . . . . Seeing a service provider for help with psychiatric medications.
. . . . . . Other, specify:
Authority to Consent to Inpatient Treatment
I consent, and authorize my agent (if appointed) to consent, to voluntary admission to inpatient mental health treatment for ...... days (not to exceed 14 days).
(Sign one): . . . .
. . . . . . If deemed appropriate by my agent (if appointed) and treating physician, physician assistant, or advanced practice registered nurse
. . . .
(Signature)
Or
. . . . . . Under the following circumstances (specify symptoms, behaviors, or circumstances that indicate the need for hospitalization)
. . . .
(Signature)
. . . . . . I do not consent, or authorize my agent (if appointed) to consent, to inpatient treatment
. . . .
(Signature)
Hospital Preferences and Instructions
If hospitalization is required, I prefer the following hospitals:
I do not consent to be admitted to the following hospitals:
E. Preferences and Instructions About Preemergency
I would like the interventions below to be tried before use of seclusion or restraint is considered (check all that apply):
. . . . . . "Talk me down" one-on-one
. . . . . . More medication
. . . . . . Time out/privacy
. . . . . . Show of authority/force
. . . . . . Shift my attention to something else
. . . . . . Set firm limits on my behavior
. . . . . . Help me to discuss/vent feelings
. . . . . . Decrease stimulation
. . . . . . Offer to have neutral person settle dispute
. . . . . . Other:
F. Preferences and Instructions About Seclusion, Restraint, and Emergency Medications
If it is determined that I am engaging in behavior that requires seclusion, physical restraint, and/or emergency use of medication, I prefer these interventions in the order I have chosen (choose "1" for first choice, "2" for second choice, and so on):
. . . . . . Seclusion
. . . . . . Seclusion and physical restraint (combined)
. . . . . . Medication by injection
. . . . . . Medication in pill or liquid form
In the event that my attending physician, physician assistant, or advanced practice registered nurse decides to use medication in response to an emergency situation after due consideration of my preferences and instructions for emergency treatments stated above, I expect the choice of medication to reflect any preferences and instructions I have expressed in Part VI C. of this form. The preferences and instructions I express in this section regarding medication in emergency situations do not constitute consent to use of the medication for nonemergency treatment.
G. Preferences and Instructions About Electroconvulsive Therapy
(ECT or Shock Therapy)
My wishes regarding electroconvulsive therapy are (sign one):
. . . . . .I do not consent, nor authorize my agent (if appointed) to consent, to the administration of electroconvulsive therapy
. . . .
(Signature)
. . . . . . I consent, and authorize my agent (if appointed) to consent, to the administration of electroconvulsive therapy
. . . .
(Signature)
. . . . . . I consent, and authorize my agent (if appointed) to consent, to the administration of electroconvulsive therapy, but only under the following conditions:
. . . .
(Signature)
H. Preferences and Instructions About Who is Permitted to Visit
If I have been admitted to a mental health treatment facility, the following people are not permitted to visit me there:
Name: . . . .
Name: . . . .
I understand that persons not listed above may be permitted to visit me.
I. Additional Instructions About My Mental Health Care
Other instructions about my mental health care:
In case of emergency, please contact:
Name: . . . .
Work telephone: . . . .
Physician, physician assistant, or advanced practice registered nurse: . . . .
Telephone: . . . .
Address: . . . .
Home telephone: . . . .
Address: . . . .
Email: . . . .
The following may help me to avoid a hospitalization:
I generally react to being hospitalized as follows:
Staff of the hospital or crisis unit can help me by doing the following:
J. Refusal of Treatment
I do not consent to any mental health treatment.
. . . .
(Signature)
PART VII.
DURABLE POWER OF ATTORNEY (APPOINTMENT OF MY AGENT)
(
Fill out this part only if you wish to appoint an agent or nominate a guardian.
)
I authorize an agent to make mental health treatment decisions on my behalf. The authority granted to my agent includes the right to consent, refuse consent, or withdraw consent to any mental health care, treatment, service, or procedure, consistent with any instructions and/or limitations I have set forth in this directive. I intend that those decisions should be made in accordance with my expressed wishes as set forth in this document. If I have not expressed a choice in this document
and my agent does not otherwise know my wishes
, I authorize my agent to make the decision that my agent determines is in my best interest. This agency shall not be affected by my incapacity. Unless I state otherwise in this durable power of attorney, I may revoke it unless prohibited by other state law.
HIPAA Release Authority. In addition to the other powers granted by this document, I grant to my Attorney-in-Fact the power and authority to serve as my personal representative for all purposes under the Health Insurance Portability and Accountability Act (HIPAA) of 1996, as amended from time to time, and its regulations. My Attorney-in-Fact will serve as my "HIPAA personal representative" and will exercise this authority at any time that my Attorney-in-Fact is exercising authority under this document.
A. Designation of an Agent
Name: . . . .
Address: . . . .
Work phone: . . . .
Home/cell phone: . . . .
Relationship: . . . .
Email: . . . .
B. Designation of Alternate Agent
If the person named above is unavailable, unable, or refuses to serve as my agent, or I revoke that person's authority to serve as my agent, I hereby appoint the following person as my alternate agent and request that this person be notified immediately when this directive becomes effective or when my original agent is no longer my agent:
Name: . . . .
Address: . . . .
Work phone: . . . .
Home phone: . . . .
Relationship: . . . .
Email: . . . .
C. Limitations on My Agent's Authority
I do not grant my agent the authority to consent on my behalf to the following:
D. Limitations on My Ability to Revoke this Durable Power of Attorney
I choose to limit my ability to revoke this durable power of attorney as follows:
E. Preference as to Court-Appointed Guardian
In the event a court appoints a guardian who will make decisions regarding my mental health treatment, I
nominate
my then-serving agent (or name someone else)
as my guardian
:
Name and contact information (if someone other than agent or alternate):
The appointment of a guardian of my estate or my person or any other decision maker shall not give the guardian or decision maker the power to revoke, suspend, or terminate this directive or the powers of my agent, except as authorized by law.
PART VIII.
OTHER DOCUMENTS
(
Initial all that apply
)
I have executed the following documents that include the power to make decisions regarding health care services for myself:
. . . . . . Health care power of attorney (chapter
11.125
RCW)
. . . . . . "Living will" (Health care directive; chapter
70.122
RCW)
. . . . . . I have appointed more than one agent. I understand that the most recently appointed agent controls except as stated below:
PART IX.
NOTIFICATION OF OTHERS AND CARE OF PERSONAL AFFAIRS
(
Fill out this part only if you wish to provide nontreatment instructions.
)
I understand the preferences and instructions in this part are
NOT
the responsibility of my treatment provider and that no treatment provider is required to act on them.
A. Who Should Be Notified
I desire my agent to notify the following individuals as soon as possible if I am admitted to a mental health facility:
Name: . . . .
Address: . . . .
Day telephone: . . . .
Evening telephone: . . . .
Name: . . . .
Address: . . . .
Day telephone: . . . .
Evening telephone: . . . .
Name: . . . .
Address: . . . .
Day telephone: . . . .
Evening telephone: . . . .
B. Preferences or Instructions About Personal Affairs
I have the following preferences or instructions about my personal affairs (e.g., care of dependents, pets, household) if I am admitted to a mental health treatment facility:
C. Additional Preferences and Instructions:
PART X.
SIGNATURE
By signing here, I indicate that I understand the purpose and effect of this document and that I am giving my informed consent to the treatments and/or admission to which I have consented or authorized my agent to consent in this directive. I intend that my consent in this directive be construed as being consistent with the elements of informed consent under chapter
7.70
RCW.
In witness of this, I have signed on this . . . . . . day of . . . . . ., 20. . . .
Signature: . . . .
STATE OF WASHINGTON )
) ss.
COUNTY OF . . . .)
I certify that I know or have satisfactory evidence that (client name) is the person who appeared before me, and said person acknowledged that he or she signed this Durable Power of Attorney and acknowledged it to be his or her free and voluntary act for the uses and purposes mentioned in this instrument.
SUBSCRIBED and SWORN to before me this . . . . . . day of . . . . . ., 20. . . .
. . . .
SIGNATURE OF NOTARY
. . . .
PRINT NAME OF NOTARY
NOTARY PUBLIC for the State of Washington at . . . .
My commission expires . . . .
OR have two witnesses:
Name: . . . .
This directive was signed and declared by the "Principal," to be his or her directive, in our presence who, at his or her request, have signed our names below as witnesses. We declare that, at the time of the creation of this instrument, the Principal is personally known to us, and, according to our best knowledge and belief, has capacity at this time and does not appear to be acting under duress, undue influence, or fraud. We further declare that none of us is:
(A) A person designated to make medical decisions on the principal's behalf;
(B) A health care provider or professional person directly involved with the provision of care to the principal at the time the directive is executed;
(C) An owner, operator, employee, or relative of an owner or operator of a health care facility or long-term care facility in which the principal is a patient or resident;
(D) A person who is related by blood, marriage, or adoption to the person, or with whom the principal has a dating relationship as defined in RCW 7.105.010
;
(E) An incapacitated person;
(F) A person who would benefit financially if the principal undergoes mental health treatment; or
(G) A minor.
Witness 1 Signature: . . . .
Date: . . . .
Printed Name: . . . .
Address: . . . .
Telephone: . . . .
Witness 2 Signature: . . . .
Date: . . . .
Printed Name: . . . .
Address: . . . .
Telephone: . . . .
PART XI.
RECORD OF DIRECTIVE
I have given a copy of this directive to the following persons:
Name: . . . .
Address: . . . .
Day telephone: . . . .
Evening telephone: . . . .
Name: . . . .
Address: . . . .
Day telephone: . . . .
Evening telephone: . . . .
DO NOT FILL OUT PART XII UNLESS YOU INTEND TO REVOKE THIS DIRECTIVE IN PART OR IN WHOLE
PART XII.
REVOCATION OF THIS DIRECTIVE
(Initial any that apply):
. . . . . . I am revoking the following part(s) of this directive (specify):
Date: . . . . . . . . .
. . . . . . I am revoking all of this directive.
By signing here, I indicate that I understand the purpose and effect of my revocation and that no person is bound by any revoked provision(s). I intend this revocation to be interpreted as if I had never completed the revoked provision(s).
. . . .
(Signature)
Printed Name: . . . .
DO NOT SIGN THIS PART UNLESS YOU INTEND TO REVOKE THIS
DIRECTIVE IN PART OR IN WHOLE
[
2025 c 58 s 5159
. Prior:
2021 c 287 s 19
;
2021 c 215 s 159
; prior:
2016 c 209 s 413
;
2016 c 155 s 16
;
2009 c 217 s 14
;
2003 c 283 s 26
.]
NOTES:
Effective date
—
2025 c 58 ss 5058-5170:
See note following RCW 7.68.030
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Short title
—
Application
—
Uniformity
—
Federal law application
—
Federal electronic signatures in global and national commerce act
—
Application
—
Dates
—
Effective date
—
2016 c 209:
See RCW 11.125.010
and
11.125.900
through
11.125.903
.
RCW 71.32.270
Family-initiated treatment.
Nothing in this chapter restricts the right of a parent to seek behavioral health evaluation and treatment for a nonconsenting adolescent using family-initiated treatment laws under chapter
71.34
RCW.
[
2021 c 287 s 20
.]
RCW 71.32.902
Construction
—
Chapter applicable to state registered domestic partnerships
—
2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[
2009 c 521 s 161
.]