Revised Code of Washington - RCW Title 71 Mental Illness - Chapter 71.32 Mental Health Advance Directives

• 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 mental health care. The ...
• 71.32.020 Definitions
  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 ...
• 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) ...
• 71.32.040 Adult presumed to have capacity
  For the purposes of this chapter, an adult is presumed to have capacity.[2003 c 283 § 4.] ...
• 71.32.050 Execution of directive -- Scope
  (1) An adult with capacity may execute a mental health advance directive. (2) A directive executed in accordance with this chapter is presumed to be ...
• 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 ...
• 71.32.070 Prohibited elements
  A directive may not: (1) Create an entitlement to mental health or medical treatment or supersede a determination of medical necessity; (2) Obligate any health ...
• 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 ...
• 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 ...
• 71.32.100 Appointment of agent
  (1) If a directive authorizes the appointment of an agent, the provisions of chapter 11.94 RCW and RCW 7.70.065 shall apply unless otherwise stated in ...
• 71.32.110 Determination of capacity
  (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 ...
• 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 ...
• 71.32.130 Determination of capacity -- Reevaluations of capacity
  (1) An initial determination of capacity must be completed within forty-eight hours of a request made by a person authorized in RCW 71.32.110. During the ...
• 71.32.140 Refusal of admission to inpatient treatment -- Effect of directive
  (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 ...
• 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 ...
• 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 ...
• 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 ...
• 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 ...
• 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 ...
• 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 ...
• 71.32.210 Execution of directive not evidence of mental disorder or lack of capacity
  The fact that a person has executed a directive does not constitute an indication of mental disorder or that the person is not capable of ...
• 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 ...
• 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 ...
• 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 ...
• 71.32.250 Long-term care facility residents -- Readmission after inpatient mental health treatment -- Evaluation, report to legislature
  (1) If a principal who is a resident of a long-term care facility is admitted to inpatient mental health treatment pursuant to his or her ...
• 71.32.260 Form
  The directive shall be in substantially the following form:

  Mental Health Advance Directive

  71.32.900 Severability -- 2003 c 283 If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ... 71.32.901 Part headings not law -- 2003 c 283 Part headings used in this act are not any part of the law.[2003 c 283 § 38.] ... Last modified: April 7, 2009