(Kentucky) House Measure on Living Wills Stalled in Panel

FRANKFORT, Ky. -- Kentucky lawmakers had a chance this past session to change the law on living wills so people without one would be kept alive by a feeding tube if necessary.

But the bill stalled in a House committee because lawmakers ran out of time in the push to pass budget legislation, the chairman said.

"I don't think we need those kind of issues cluttering up the legislative time," said Rep. Tom Burch, D-Louisville and chairman of the House Health and Welfare Committee.

Deputy Attorney General Pierce Whites said that under a 12-year-old court case, state law already presumes that an incapacitated person who had not previously expressed a wish to be disconnected wants to be sustained by food and water supplied by a feeding tube.

Rep. Tommy Thompson, D-Owensboro and the bill's sponsor, said that he filed it because he and the organization Kentucky Right to Life believe that such a law could avoid conflicts such as the case of Terri Schiavo in Florida.

"The presumption of human nature is to err on the side of life. That's what this bill would help assure," Thompson said.

Margie Montgomery, executive director of Kentucky Right to Life, said her group asked Thompson to file the bill.

Kentucky Right to Life is a nonprofit organization founded in 1973 whose Web site says its purpose is to protect persons "threatened by abortion, infanticide or euthanasia."

"We believe there are some loopholes this bill would close, and that it's important to strengthen the rights of the individuals to their lives by placing this presumption directly in state law," Montgomery said.

"We feel we need to reverse the trend in our country of what we believe is a bias against those who are disabled," she added.

Burch said he doubts such a law would eliminate the possibility of a case similar to Schiavo's in Kentucky.

"You can try to clarify something, but there's always going to be the possibility of legal questions being raised in situations like this," he said.

Montgomery said the bill remains a priority and she will push for its passage next year.

House Bill 501 stated in part, "It shall be presumed that a person who does not have decisional capacity" and who has not executed a living will directing that life-sustaining nutrition and water be withheld has directed that such nutrition and water be provided.

That case authorized the family of a Louisvillian, Martha Sue DeGrella, who fell into a persistent vegetative state following a severe beating, to disconnect her from a feeding tube because DeGrella previously had communicated her preference to her family.

In the court's view, however, if no preference has been expressed by the patient, "then the patient is going to continue to get hydration and nutrients," Whites said.

Whites said interest in the Schiavo case has prompted the Kentucky attorney general's office to make plans to post a living-will form on its Web site -- www.ag.ky.gov -- today.

Also, Attorney General Greg Stumbo will hold a news conference to discuss Kentucky's living-will laws, Whites said.

"I don't think we need those kind of issues cluttering up the legislative time," said Rep. Tom Burch, D-Louisville and chairman of the House Health and Welfare Committee.

"I think a person dying is a family matter, not a government matter."

Uh huh. Code speech for: "I'm perfectly happy to leave these decisions to be fought out in court. The lawyers will make money, (after all, I have to keep my contributors happy) and we all know that we have to get rid of these unproductive people."

The simple fact is KY values human life more than FL.

I used to live in Florida, and people are cheap their, its not surprising they are in the news so often for some outrage or another.

On a side note, you know an old liberal friend of mine told me that there was a "cult of life" and that there is no right to life. The anti-abortion wackos are so intent on justifying it, they are now trying to change our most fundamental right.

All so they can kill a child fetuses.

I am at best lukewarm on the abortion issue and think its argued like name-calling children on both sides. But the current growing disregard for the value of life in this country is getting ever more worrisome.

Living wills- sometimes called “health care directives”- are for adults of all ages, not just the elderly. Some of the most famous court cases about the right to die have involved those in their 20s.

There are good reasons to write down your wishes about end-of-life medical care:

You might be too sick to express yourself when the time comes
Your family might disagree about what to do, which leaves doctors in a tough spot and more likely to keep you on life support
You can help your family with the really tough decision of whether or not to take you off life support
Living wills often include legal protection for doctors and hospitals, so they don’t get sued for honoring your request
Different states have different rules for what living wills should cover, but they all allow you to decline aggressive life support if you’re close to death, without affecting your right to get pain medicine or other “comfort care.”

Nor is refusing medical treatment considered suicide; it’s not illegal or immoral to let nature take its course.

You can also express your views by writing them down. And talk with your family and doctor to give them an idea of what type of medical condition you would not want continuing treatment for. Is it not being able to talk with your family, or to recognize people and express your thoughts in some way? You might learn that your doctor isn’t willing to follow your wishes. If so, find a new doctor.

A local lawyer can fill you in on the legal requirements for a living will in your state.

Most state forms require one or two witnesses to your signature. In some states, your signature as well as those of witnesses must be notarized. Some states restrict who may be a valid witness, typically excluding relatives and your doctor.

Once it's signed, give a copy of your living will to:

Your regular physician
Family members
Consider giving a copy to your minister or a member of your religious community, and to close friends as well
The hospital you’re likely to use. You can mail it to their medical records department, with a cover letter that gives your date of birth and your Social Security number. Verify that they have received the document and have a record of it.
If you’re in a nursing home or are seeing a medical specialist for a serious illness, they ought to get a copy, too
Finally, you can put a card in your wallet saying that you have a living will and whom to call to get a copy. If you’re going into a hospital, bring a copy with you. Even if you sent one to the medical records department, it might take a while for the doctors to learn it’s there.

I could be wrong about this, but my impression of a "Do-Not-Resuscitate" order is that if you choke on your chewing gum, the medical attendants will watch you turn blue and die, without lifting a finger to help you.

That's scary. Most people assume that it means after a heart attack, or something, but it could mean death over something quite trivial, and treatable, as well.

Just to set the record straight about my wishes, when my wife asked if I preferred cremation or burial, I suggested resurrection.

That's scary. Most people assume that it means after a heart attack, or something, but it could mean death over something quite trivial, and treatable, as well.

It is scary. I've already told my family that if anything happens to me, keep me alive. I haven't gotten a chance to make anything formal yet.

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.