Living Will and Advance Health-Care Instruction Requirements in Washington

Short answer Washington's Natural Death Act calls the living will a 'directive' or 'health care directive.' An adult with health-care decision capacity signs it and either acknowledges it before a notary or other acknowledgment officer, or signs before two disinterested witnesses. It directs withholding or withdrawal of life-sustaining treatment after the statutory written diagnosis of a terminal condition or permanent unconscious condition, and artificial nutrition and hydration are a separate choice in the model form.
State
Washington
Statute checked
July 30, 2026
Sources
6 statutes
Pending legislation could change this.
2025 Wash. Laws ch. 58, § 5140 (Enacted in 2025; the revised RCW 70.122.130 text takes effect June 30, 2027, and is not yet effective as of October 7, 2026.): Changes only the professional title in the registry-access list from 'advanced registered nurse practitioner' to 'advanced practice registered nurse'; it does not change directive validity, filing, or revocation. track it Status checked October 7, 2026.

At a glance

Governing law and documentNatural Death Act, RCW ch. 70.122: written 'directive' or 'health care directive' to withhold/withdraw life-sustaining treatment (§§ 70.122.020, .030). The § .030 form is optional and may include added directions; separate from a durable power of attorney and POLST.
Who may make an instructionAny 'adult person': a person who has reached majority and has capacity to make health-care decisions (§§ 70.122.020(1), .030(1)).
Oral, written, and signature formWritten directive signed by the declarer (§§ 70.122.020(3), .030(1)). Chapter 70.122 provides no oral or directed-signature execution route and states no electronic-specific signing method.
Witness, notary, and disqualificationsEither acknowledgment before a notary/other acknowledgment officer OR two witnesses (§ 70.122.030(1)). Witnesses cannot be related by blood/marriage, inherit under the current will or intestacy, be the attending physician, the physician's or patient's facility's employee, or hold an estate claim.
Covered conditions and triggerTerminal condition: attending physician's written diagnosis after personal exam. Permanent unconscious condition: written diagnosis by two physicians, one attending, both after personal exam (§§ 70.122.020(6), (8), .030(2)). The directive governs when life-sustaining treatment would only prolong dying; if the patient remains capable, proposed steps must match current desires (§ 70.122.060(1)).
Treatment, nutrition, hydration, and comfortDirects withholding/withdrawal of life-sustaining treatment for a terminal or permanent unconscious condition (§ 70.122.030). Life-sustaining treatment includes artificially provided nutrition and hydration, but the model form makes provide/do-not-provide a separate election. Pain-alleviating medication/procedures are excluded from life-sustaining treatment (§ 70.122.020(5)).
Pregnancy and other statutory limitsNo pregnancy-specific restriction appears in current ch. 70.122; the 2025 amendment removed pregnancy references from the model form. The chapter does not authorize mercy killing, lethal injection, or active euthanasia (§ 70.122.100).
Revocation, notice, and registryRevoke at any time regardless of mental state/competency by directed destruction, signed dated writing, verbal expression, or registry online method (§ 70.122.040). Written/verbal revocation takes effect on communication to the attending physician, who records it. Optional state registry; nonfiling does not affect validity, and failure to update a valid revocation does not defeat it (§ 70.122.130).
Provider duties, recognition, and effectAttending physician verifies compliance and current desires (§ 70.122.060). A physician/facility policy may decline to honor the directive if disclosed and a written plan is filed; individual practitioners may refuse participation. The unrevoked directive is conclusively presumed to state the patient's directions, with good-faith immunity. An out-of-jurisdiction directive is valid only to the extent Washington and federal constitutional law permit (§ 70.122.030(3)).

Requirements one by one

Execution uses a notary or two qualified witnesses

Section 70.122.030 now gives two alternatives. The declarer may sign and acknowledge the directive before a notary or other authorized acknowledgment officer, or may sign before two witnesses. The witness route has a detailed disqualification list covering relatives, heirs, estate claimants, the attending physician, and certain physician or facility employees.

Terminal and unconscious conditions use different findings

Under § 70.122.020, a terminal condition is diagnosed in writing by the attending physician after personal examination. A permanent unconscious condition requires written diagnoses from two personally examining physicians, one of whom is the attending physician. Section 70.122.030 requires the applicable diagnosis to become a permanent part of the medical record before life-sustaining treatment is withheld or withdrawn.

Nutrition and hydration are a separate election

Section 70.122.020 includes artificially provided nutrition and hydration in "life-sustaining treatment," but the model form in § 70.122.030 asks the declarer to choose separately whether to receive them. Pain-alleviating medication and procedures are outside the life-sustaining-treatment definition.

Revocation does not require capacity

Section 70.122.040 permits revocation at any time without regard to mental state or competency. The declarer may use physical destruction, a signed dated writing, a verbal expression, or the registry's online route. Written and verbal revocations become effective on communication to the attending physician, who must make the specified medical-record entry.

A disclosed refusal policy can control provider procedure

Under § 70.122.060, a physician or facility must disclose a policy that would prevent honoring the directive when it learns of the directive. If the patient chooses to remain, the parties prepare a written plan for what the provider will do if the directive becomes operative. Compliance with that process removes the provider's obligation to honor the directive. Individual practitioners also may refuse to participate; the section does not impose a transfer duty.

What trips people up

  • Terminal condition takes one physician; permanent unconsciousness takes two. The definition of qualified patient in § 70.122.020 makes that split explicit.
  • Current wishes still matter. Section 70.122.060 requires reasonable effort to confirm that the directive and proposed steps remain consistent with a capable patient's present desires.
  • The registry does not cure execution defects. Section 70.122.130 says filing does not replace the legal formalities or create a validity presumption.

Common questions

Is notarization mandatory?

No. Section 70.122.030 allows either an acknowledgment or two qualified witnesses.

Does Washington suspend a directive during pregnancy?

Current chapter 70.122 contains no pregnancy-specific suspension. The 2025 amendment removed pregnancy references from the model form.

Will a directive signed elsewhere work in Washington?

Section 70.122.030(3) recognizes it only to the extent permitted by Washington law and federal constitutional law.

Statutes and sources

  • RCW 70.122.020 and .030 — definitions, execution, model form, medical triggers, nutrition and hydration choice, record entry, and out-of-state effect. Official § .020 and § .030 (accessed 2026-07-30).
  • RCW 70.122.040, .060, and .100 — revocation, provider procedure, presumptive effect, conscience refusal, and legal limits. Official § .040, § .060, and § .100 (accessed 2026-07-30).
  • RCW 70.122.130 — optional registry, current text, and the June 30, 2027 terminology update. Official section (accessed 2026-09-19).

Source links

Every statute quoted above, linked, with the date we checked it.

RCW 70.122.020 · accessed 2026-07-30
RCW 70.122.030 · accessed 2026-07-30
RCW 70.122.040 · accessed 2026-07-30
RCW 70.122.060 · accessed 2026-07-30
RCW 70.122.100 · accessed 2026-07-30
RCW 70.122.130 · accessed 2026-09-19
This page is general legal information about state-law living-will and future treatment-instruction requirements, not medical advice or legal advice about a particular diagnosis, pregnancy, treatment, facility, clinician, surrogate, or decision. A formally valid instruction may operate only after specific medical and capacity findings, may be subject to provider-transfer procedures and other statutory limits, and does not guarantee a particular treatment outcome. Agent appointments, clinician orders, psychiatric directives, directives for minors, and organ donation follow different rules. Verified against the cited official statutes on the date shown; confirm current law and obtain licensed legal and medical advice before signing, revoking, or relying on an instruction.

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