Washington Living Will Requirements
Based on RCW 70.122.010 through 70.122.905 (Natural Death Act)
Quick Summary
- Document type: Directive to Withhold or Withdraw Life-Sustaining Treatment
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
Washington requires 2 witnesses who are present when you sign your directive to withhold or withdraw life-sustaining treatment. Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be related to the declarant by blood or marriage
- A witness cannot be entitled to any portion of the declarant's estate by will or by operation of law at the time of the directive
- A witness cannot be the declarant's attending physician
- A witness cannot be an employee of the attending physician
- A witness cannot be an employee of a health facility in which the declarant is a patient
- A witness cannot have a claim against any portion of the declarant's estate at the time of the execution of the directive
When Your Living Will Takes Effect
Your Washington living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable and irreversible condition caused by injury, disease, or illness that, within reasonable medical judgment, will cause death within a reasonable period of time in accordance with accepted medical standards, and where the application of life-sustaining treatment serves only to prolong the process of dying.
Persistent Vegetative State
A permanent unconscious condition is an incurable and irreversible condition in which the patient is medically assessed within reasonable medical judgment as having no reasonable probability of recovery from an irreversible coma or a persistent vegetative state.
Irreversible Condition
Washington does not define a separate "irreversible condition" trigger. The two qualifying conditions are terminal condition and permanent unconscious condition as defined in RCW 70.122.020.
Important Notes for Washington
- Washington follows the Natural Death Act (RCW 70.122.010 through 70.122.905)
- The directive may be executed either by acknowledgment before a notary public or by signing in the presence of two qualified witnesses — notarization serves as a complete alternative to witnesses
- A "qualified patient" diagnosed with a terminal condition requires written certification by the attending physician; a patient in a permanent unconscious condition requires written diagnosis by two physicians, one of whom must be the attending physician, both having personally examined the patient
- "Life-sustaining treatment" means any medical or surgical intervention that uses mechanical or other artificial means to sustain, restore, or supplant a vital function; it does not include the administration of medication or performance of any medical procedure deemed necessary to provide comfort care or alleviate pain
- The statutory form includes optional provisions regarding artificially provided nutrition and hydration
- A directive may be revoked at any time by the declarant without regard to mental state or competency, through destruction of the directive, a written revocation, or verbal expression to the attending physician
- Health care providers acting in good faith compliance with a directive are immune from civil or criminal liability
- Washington also maintains a Health Care Declarations Registry (RCW 70.122.130)
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.