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Many Still Seek One Final Say on Ending Life
NY Times ^ | June 17, 2005 | JOHN SCHWARTZ and JAMES ESTRIN

Posted on 06/17/2005 12:09:38 PM PDT by neverdem

Interest in living wills - the documents that let people specify what medical measures they want or do not want at the end of life - has surged in the aftermath of the fierce nationwide battle over the fate of Terri Schiavo, lawyers and other experts on all sides of the issue say.

While interest peaked around the time of Ms. Schiavo's death on March 31, it is still strong, these experts say.

Many people are filling out the forms for the first time. Others are taking a new look at forms they filled out some time ago. Most living wills describe the conditions for withdrawing life support, but others demand the fullest extent of treatment.

The results of Ms. Schiavo's autopsy, released on Wednesday, underscored the need to make one's wishes known, said Dr. Arthur Caplan, director of the Center for Bioethics at the University of Pennsylvania. He noted that politicians had been eager to intervene in her case even though it was now evident that her brain was irredeemably damaged.

"The movement to say, 'You've got to have Tom DeLay act as a third-party surrogate witness before you can have medical treatment stopped' seemed to be irrefutably silenced by the autopsy report," Dr. Caplan said.

Since March, Aging With Dignity, a nonprofit group in Florida devoted to supporting end-of-life wishes, has received requests for more than 800,000 copies of its do-it-yourself form, known as Five Wishes, which blends the statement of wishes and the appointment of a medical proxy, a relative or friend with the power to make life-or-death decisions.

That is a 60 times the normal number of requests, said the group's president, Paul Malley. "Mail is coming to us by the truckloads," he said.

(Excerpt) Read more at nytimes.com ...


TOPICS: Culture/Society; Extended News; Front Page News; Government; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: advanceddirectives; estates; livingwill; powerofattorney; schiavo; terrischiavo; wills
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1 posted on 06/17/2005 12:09:39 PM PDT by neverdem
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To: neverdem
The movement to say, 'You've got to have Tom DeLay act as a third-party surrogate witness before you can have medical treatment stopped' seemed to be irrefutably silenced by the autopsy report," Dr. Caplan said

fairly callous and clumsy statement for a doctor to make.

2 posted on 06/17/2005 12:14:53 PM PDT by plain talk
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To: neverdem
I've said it before and I will say it again because it is true. Your "Living Will" (really Advance Directive) won't save you. I will make legal mincemeat out of anything like that in court as long as I can pile up enough unchallenged hearsay evidence and have the ear of a sympathetic (and probably conflicted) jurist. That is the real and dangerous precedent that the Schivao travesty of justice set, and is conveniently ignored by the "Kill Terri" crowd (because in this case they got their wish for Terri to be killed).
3 posted on 06/17/2005 12:20:00 PM PDT by legendofamind
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To: legendofamind; Congressman Billybob; Beelzebubba; Lawdoc; All
I've said it before and I will say it again because it is true. Your "Living Will" (really Advance Directive) won't save you. I will make legal mincemeat out of anything like that in court as long as I can pile up enough unchallenged hearsay evidence and have the ear of a sympathetic (and probably conflicted) jurist. That is the real and dangerous precedent that the Schivao travesty of justice set, and is conveniently ignored by the "Kill Terri" crowd (because in this case they got their wish for Terri to be killed).

Does having the durable power of attorney for health care mean that you have to retain a lawyer that you trust? 8^)

4 posted on 06/17/2005 12:33:37 PM PDT by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: legendofamind

Correct, the Living Will or Advanced Directive provides insight into the patient's prior wishes (assuming he/she cannot make decisions about his/her care). The Next of Kin has the responsibility to carry out the wishes stipulated in the Living Will or what the patient's wishes 'would be'.
So, I guess one must chose his/her spouse very well or designate someone to make those decisions.


5 posted on 06/17/2005 12:34:24 PM PDT by flixxx
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To: neverdem

The elites wanted Terri Schiavo dead because her execution was a victory for the medical killing ("bioethics") movement. I expect the Times to continue this crusade with the same fervor they showed when they demanded that private golf clubs admit women.


6 posted on 06/17/2005 12:37:51 PM PDT by madprof98
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To: neverdem
I think it means that your fate is no longer in your own hands, at least as far as earthly powers go. Admission of hearsay evidence and allowing it to be decisive in a case of life and death sets a legal precedent that puts everyone in danger.

But, more fundamentally, I am old enough to remember a time in this country when you didn't need a piece of paper to stay alive. The right of a person to live the life they were granted by a power beyond the ken of mortal man, even if it meant living that life under difficult circumstances, was an unalienable right. That Schiavo case has eroded this concept, perhaps irreparably.

7 posted on 06/17/2005 12:41:31 PM PDT by legendofamind
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To: neverdem

Winners:
Lawyers
Eugenecists
Euthenasia advocates
Abortionists

Losers:
You
Me


8 posted on 06/17/2005 1:26:41 PM PDT by thoughtomator (The U.S. Constitution poses no serious threat to our form of government)
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To: flixxx

Where I live, there is no law that says you have to choose a spouse or family member as your designee.


9 posted on 06/17/2005 1:28:02 PM PDT by fatnotlazy
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To: flixxx

Where I live, there is no law that says you have to choose a spouse or family member as your designee.


10 posted on 06/17/2005 1:28:08 PM PDT by fatnotlazy
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To: All

Sorry for the repeat. :(


11 posted on 06/17/2005 1:29:02 PM PDT by fatnotlazy
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To: Altamira

Ping re post 4


12 posted on 06/17/2005 1:57:43 PM PDT by Atlas Sneezed
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To: fatnotlazy

I agree, in Nebraska you do not designate your spouse or next of kin as designee...it automatically happens legally. I am sorry if that was not clear.


13 posted on 06/17/2005 2:34:31 PM PDT by flixxx
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To: flixxx

That's a bummer.

In my neck of the woods, you can designate who you want. I have no spouse or children...have a brother...but I designated my best friend instead. Not that I don't trust my brother, but he's never home...keep thinking if I needed him to make a decision, he wouldn't be there. My friend is more available.


14 posted on 06/17/2005 2:46:41 PM PDT by fatnotlazy
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To: fatnotlazy

Oh, you can designate someone else other than next of kin.


15 posted on 06/17/2005 3:10:00 PM PDT by flixxx
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To: flixxx

A living will is a sure way to guarantee that you will get substandard medical care.

You are indemnifying the hospital/doctor against neglect.


16 posted on 06/17/2005 3:44:35 PM PDT by TASMANIANRED (Democrats haven't had a new idea since Karl Marx.)
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To: TASMANIANRED

"A living will is a sure way to guarantee that you will get substandard medical care.

You are indemnifying the hospital/doctor against neglect."



That is probably one of the most ill-informed comments that I have seen on this Board (and there have been many that the Schiavo case has elicited).

A living will provides your family with some direction at a time when it can be very difficult to make decisions. More importantly, one should TALK and DISCUSS his/her wishes with family so that there are no disagrements. Again, the responsibility is to fulfull the wishes of the patient.


A quote from an editorial by Dr. Quill:


In considering such profound decisions, the central issue is not what family members would want for themselves or what they want for their incapacitated loved one, but rather what the patient would want for himself or herself. The New Jersey Supreme Court that decided the case of Karen Ann Quinlan got the question of substituted judgment right: If the patient could wake up for 15 minutes and understand his or her condition fully, and then had to return to it, what would he or she tell you to do?

NEJM April 21, 2005 issue Volume 352:1630-1633


17 posted on 06/17/2005 4:39:32 PM PDT by flixxx
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To: flixxx
I have real life experience , 20 years working in a hospital.

If you are a No Code, you get less attention, you go to the bottom of the list of squeaky wheels.

If you are having change in condition that suggests that something is about to go wrong, it is more likely that it will be ignored than if you do not have that No Code Status.

It may not be right, but it is the truth.

Sorry Charlie, I don't care how ill informed you think my view is.

It is a view formed in real life situations, and not in a judiciary chamber, a legislative body or in an advocacy group office.
18 posted on 06/17/2005 4:49:02 PM PDT by TASMANIANRED (Democrats haven't had a new idea since Karl Marx.)
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To: TASMANIANRED

No code does not mean 'no care'...the issue is the goal of the care being delivered.

Comfort care alone vs. going all out full court press with pressors, intubation, chest compressions, etc. Where problems arise is when there is a diffence in goals of care for a loved one between family and physicians...in which case communication needs to be improved...this does not mean that one should not have a 'living will'.

Also, Living Will does NOT equal No Code...they are two very different documents and are often confused.

If I have a living will and God forbid suffer a MI, I WANT to be treated...It is only if I suffer severe anoxic/hypoxic brain injury that I want my wife to step in and stop unhelpful medical interventions. As you know we can keep patients alive years and years with no hope for neurologic recovery...I do NOT want that done to me and I would think (and this is supported by various surveys) that most people do not want that done to them and want the choice to stop medical interventions.

I apologize, I did not mean to question your experience by my 'ill informed' comment, but this issue has been horribly misrepresented by the Press, Congress, Talking Heads, and many on this and other Boards.


19 posted on 06/17/2005 5:03:45 PM PDT by flixxx
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later read/ping


20 posted on 06/17/2005 5:28:23 PM PDT by little jeremiah (A vitiated state of morals, a corrupted public conscience, are incompatible with freedom. P. Henry)
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