Living Will and Health Care Directives

In the aftermath of the Terri Schiavo court case, many people have reevaluated their options. State and Federal legislators throughout the country have offered new legislation, on how to handle seriously ill people in a terminal condition. The questions they are facing is how deal with patients on artificial life support such as mechanical breathing machines, kidney dialysis treatment, and artificial hydration.

Futile Care laws have been enacted by California, Virginia and Texas. These laws enable doctors and hospital watchdog groups to overturn the decisions of the family, whom despite the reality of the situation, still want to keep the patient alive, when there is no chance they can survive. In 1999 when George Bush was the Governor of Texas a law was created, that ordered an agent or representative who wanted the patient on life support 10 days to locate another hospital that would be willing to follow their wishes.

A Florida case, where the wife of the a terminally ill patient wanted to keep her husband on life support, in spite of the fact, his living will specifically stated he did not wish to being keep alive by artificially means. The wife insisted the hospital follows her wishes rather then those outlined in her husbands living will.

The case was brought to court by the hospital. The judge ruled against the wife and supported the patient's living will instructions, which would end life support by artificial means.

The law in New York State does not require the advance directive documents to be notarized. It is sufficient to be signed, without the presence of any witnesses.

We don’t know What Terry Wanted because she didn’t have a living will. Don’t make the same mistake!