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Law

WA House Bill 1175

Notary Law Update: WA House Bill 1175

State: Washington

Summary:

Allows an adult person to execute and have notarized or witnessed a directive directing the withholding or withdrawal of life-sustaining treatment in a terminal condition or permanent unconscious condition.

Signed:  April 30, 2019

Effective:  July 28, 2019

Chapter: 209

Affects:

Amends Section 70.122.030 of the Revised Code of Washington.

Changes:
  1. Allows an adult person to execute a directive directing the withholding or withdrawal of life-sustaining treatment in a terminal condition or permanent unconscious condition.
  2. Requires the directive to be signed by the declarer and acknowledged before a Notary or other individual authorized by law to take acknowledgments or signed by the declarer in the presence of two witnesses not related to the declarer by blood or marriage and who would not be entitled to any portion of the estate of the declarer upon declarer's decease under a will or codicil of a will then existing or, at the time of the directive, by operation of law then existing.
  3. Permits the statutory form for the directive to supplemented by an acknowledgment certificate for an individual signing in an individual capacity as specified in state law.
Analysis:

The effect of House Bill 1175 is to add the option of having a directive directing the withholding or withdrawal of life-sustaining treatment in a terminal condition or permanent unconscious condition notarized. Previoulsy, the law only allowed the directive to be witnessed before two witnesses. If the directive is acknowledged before a Notary or notarial officer, HB 1175 allows a short form certificate of acknowledgment in an individual capacity to be added to the document. This short form is found in RCW 42.45.140(1).

Read the bill text.

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