A Small Quibble with the Great Mark Steyn

Chicago Sun Times ^ | 3/27/2004

[BillCompton]

As to arguments about ''Congressional overreaching'' and ''states' rights,'' which is more likely? That Congress will use this precedent to pass bills keeping you -- yes, you, Joe Schmoe of 37 Elm Street -- alive till your 118th birthday. Or that the various third parties who intrude between patient and doctor in the American system -- next of kin, HMOs, insurers -- will see the Schiavo case as an important benchmark in what's already a drift toward a culture of convenience euthanasia. Here's a thought: Where do you go to get a living-will kit saying that in the event of a hideous accident I don't want to be put to death by a Florida judge or the 11th Circuit Court of Appeals? And, if you had such a living will, would any U.S. court recognize it?

[BillCompton]

I am not an attorney, but have always loved the law. I think many are missing an important distinction in this whole Terri Schiavo mess. You hear it said she didn't have a living will, so how should we know what to do? If she DID want to live in this situation, what should she have done? What should any of us do? The problem is a "will" is an instrument that has no relevance while we are living. A "living will" is what to do if we want to consider ourselves deceased. But for those that want to cling to life, a "will - as in last will and testament" is inappropriate and irrelivant. We need a document that is a "Don't Kill Me Because I May Not Need a Will Yet" document. And as far as I know, there is no such legal document in existance.

We are seeing the idea of a living will turned 180 degrees so that instead of having a document saying "I don't want to be considered alive" we need one saying "my spouse doesn't really like me much, so don't let them decide my fate please" document.

[thoughtomator]

Previously, people could be forgiven for thinking that in the absence of such a document it would be assumed that one didn't want to be put to death.

[LibFreeOrDie]

You might want to look at a Protective Medical Decisions Document (includes a Protective ID card):

http://www.internationaltaskforce.org/pmdd.htm

Or the Will To Live:

http://www.nrlc.org/euthanasia/willtolive/index.html

The only reason a Living Will is considered legal is because the pro-euthanasia groups, which originated Living Wills, persuaded state legislators to make them legal.

More on Living Wills and pro-euthanasia groups here:

http://prolife.ath.cx:8000/plae111.htm