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- <text id=90TT0722>
- <title>
- Mar. 19, 1990: To My Family, My Physician, My Lawyer
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1990
- Mar. 19, 1990 The Right To Die
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- ETHICS, Page 68
- </hdr>
- <body>
- <p> To my family, my physician, my lawyer and all others whom
- it may concern:
- </p>
- <p> Death is as much a reality as birth, growth and aging--it
- is the one certainty of life. In anticipation of decisions
- that may have to be made about my own dying and as an
- expression of my right to refuse treatment, I, _____, being of sound mind,
- make this statement of my wishes and instructions concerning my
- treatment.
- </p>
- <p> Claire Angel, a Manhattan pianist, is active and healthy.
- Yet recently she had her lawyer draw up a living will, a
- signed, dated and witnessed document that allows people to
- state in advance their wishes regarding the use of
- life-sustaining procedures. Why such concern? "My life
- experience has prepared me to consider my own mortality," says
- Angel, 58, whose husband and mother are in nursing homes. "I
- would like to protect my children from having to make a
- difficult decision on my behalf."
- </p>
- <p> More and more Americans are taking similar legal precautions
- in the hope of dying with dignity. "If you're incompetent or
- unconscious at the end of your life, someone will make the
- choice," says Fenella Rouse, executive director of the Society
- for the Right to Die. "If you don't want to make that decision,
- fine. But this is one of the ways of retaining control." Two
- groups, the Society for the Right to Die and Concern for Dying,
- both located in New York City, have distributed millions of
- living-will forms over the past 20 years. Other organizations,
- including the National Academy of Elder Law Attorneys in
- Tucson, provide information on how to locate lawyers who
- specialize in drawing up such legal tools. In addition, many
- right-to-die advocates recommend the use of health-care proxies,
- documents authorizing another person to make medical decisions
- on one's behalf in the event of an incapacitating accident or
- illness.
- </p>
- <p> Living wills usually serve two purposes: they describe what
- sort of physical condition is intended to trigger the
- document's provisions and list the types of treatment the
- person wishes to avoid. Experts recommend making the language
- as specific as possible, although there are no absolute
- guarantees. "You never know what a local prosecutor or doctor
- may do," says Giles Scofield, legal-services director of
- Concern for Dying. "There's no language that will always be
- perfect."
- </p>
- <p> The main shortcoming of the living will is that it does not
- take effect unless a patient is terminally ill. State
- definitions of terminal illness vary, ranging from "imminent"
- death to death within a number of months. Thus people with
- debilitating strokes or Alzheimer's disease or those in
- permanent comas are unlikely to be protected by most
- living-will statutes. "Many people think they will be aided in
- these situations, but they may not be," says Leslie Pickering
- Francis, a law professor at the University of Utah. "For
- example, Nancy Cruzan's case does not fit most states'
- definitions of terminal illness."
- </p>
- <p> Still, living wills and health-care proxies are the best
- means available to enforce one's wishes. For those who choose
- this route, experts make the following suggestions:
- </p>
- <p>-- Obtain the proper forms or the help of an attorney.
- </p>
- <p>-- Discuss your living will and proxy with your doctor. Make
- sure that copies are included in your medical records.
- </p>
- <p>-- Be certain your living will reflects your precise wishes.
- Be aware of the limitations your state imposes.
- </p>
- <p>-- Inform your family and friends that you have signed these
- documents. Give copies to those most likely to be contacted in
- case of an emergency.
- </p>
- <p>-- Update the documents once a year.
- </p>
- <p>By Andrea Sachs.
- </p>
-
- </body>
- </article>
- </text>
-
-