Statute Annotations › Washington › Wash. Rev. Code § 70.122

Wash. Rev. Code § 70.122

Natural Death Act: the cases that interpreted this section

Jurisdiction
Washington
Case notes
4
Cited in passing
4
Citing cases indexed
8
Case dates
1983–1991
Screened through
1994-08-29
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

8 citing cases reviewed: 4 interpreted the section (annotated below), 4 cited it only in passing. Cases filed after 1994-08-29 may not have been reviewed yet.

Have a situation under Wash. Rev. Code § 70.122?

These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.

Natural Death Act—scope and directives

The Natural Death Act permits a competent adult to direct, through a witnessed directive, withholding or withdrawal of life-sustaining treatment when an incurable condition makes death imminent, but does not govern cases without a directive.

In Re the Welfare of Colyer · filed 1983-03-10.030

Nor is this situation governed by the Natural Death Act passed by our Legislature in 1979. RCW 70.122. This act enables a competent adult to sign a directive, witnessed by two disinterested parties, which requires the removal or withholding of his or her life sustaining treatment where such treatment only serves to artificially prolong the moment of death, made imminent by an incurable injury, disease, or illness. RCW 70.122.030. When such a directive has been signed, the course is set: the directive is to be effectuated in good faith, RCW 70.122.060, and no civil or criminal liability attaches. RCW 70.122.050. While this act is a salutary step towards establishing legislative guidance in this area, it does not speak to the situation where no directive has been signed.
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The Natural Death Act recognizes the right to withdraw life-sustaining treatment but is not the exclusive method for doing so, and it applies only to persons of sound mind who could execute a valid directive.

In Re the Guardianship of Hamlin · filed 1984-11-01

The guardian also argues that RCW 70.122, the Natural Death Act (NDA), prescribes the exclusive method for withholding or withdrawing life sustaining procedures. While that act evidences a public policy recognition of that right, it is not exclusive. Colyer illustrates our conclusion that the act is not the only source for determination of these issues. Moreover, by its terms, the NDA is limited to persons of sound mind. RCW 70.122.010 and .030(1)(d). Thus, Hamlin could never have executed a valid directive under the act.
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Who may execute a directive

Section 70.122 allows a competent adult with a terminal and incurable condition to sign a directive requiring life-sustaining treatment to be withheld or withdrawn; a person adjudicated incompetent before adulthood cannot execute such a directive under the Act.

In Re the Guardianship of Grant · filed 1988-07-15(1)

We note at the outset that this State's Natural Death Act (RCW 70.122) is inapplicable. The act authorizes a competent adult to sign a directive requiring that life sustaining treatment be withheld or withdrawn should he or she suffer from a terminal and incurable condition. RCW 70.122-.030(1). As Barbara Grant was adjudicated incompetent at age 14, she was unable to avail herself of the act's provisions.
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Withdrawal of life-sustaining procedures

The Natural Death Act permits withdrawal of life-sustaining procedures when its conditions and procedures are met and immunizes good-faith compliance by facilities and practitioners.

Farnam v. Crista Ministries · filed 1991-05-15

Because Farnam's concerns focused on the removal of NG tubes, the Natural Death Act (NDA), RCW 70.122, must also be examined in determining if Farnam can state a cause of action. The NDA authorizes the withdrawal of life-sustaining procedures when certain conditions are met and the act's procedural requirements are followed. RCW 70.122.030, .060. Furthermore, RCW 70.122.050 provides immunity for facilities and practitioners who act in good faith in accordance with the reiquirements of the act. ... Given CRISTA's undisputed compliance with the procedural requirements of the NDA, CRISTA's good faith belief that NG tube removal was permitted under the NDA, and Farnam's own statements that she believed such removal was permitted, it does not appear that CRISTA's actions rose to the level of wrongdoing that would support a tort of wrongful discharge in violation of public policy.
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4 more cases cited this section only in passing

These cases mention the section without interpreting it (a string cite, a footnote, background). Listed so you can see the full citation record, not just the annotated rulings.

DiNino v. State, the court dismissed for lack of a justiciable controversy and expressly declined to decide the validity or constitutional application of the Natural Death Act; its references to RCW 70.122 are background to the ripeness ruling. opinion →
In Re Estate of Longeway, the opinion merely reports the Washington Supreme Court's treatment of the statute in another case, including that the Act did not apply there; it does not construe or apply Wash. Rev. Code § 70.122 itself. opinion →
Keiner v. Community Convalescent Center, the dissent merely describes the Washington statute and reports that it did not apply in the Washington case; this Illinois opinion does not construe or apply Wash. Rev. Code § 70.122. opinion →
Walker v. Munro, the statute is mentioned only while reporting the holding of a different case, DiNino, as an example concerning ripeness; Walker v. Munro does not construe or apply RCW 70.122. opinion →

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