*** DISCLAIMER-- none of the information is legal advice but merely
suggestions on important life issues. Each state has their own
regulations and statutes regarding issues of life support,
incapacitation, care for children in unusual circumstances, health law
and property distribution and you should consult an attorney about any
and all legal matters. By reading this post, you are agreeing to not
hold Subversive Soapbox, the authors and contributors of Subversive
Soapbox and/or any affiliate of Subversive Soapbox liable for any and
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Anytime I have one of those moments when I think I may actually die, such as when in the middle of crossing the street, I see a car hurtling in my direction, I think about what would happen if I didn't die, but instead ended up in a persistent vegetative state.
If we have learned anything from the supreme court case, Cruzan v. Missouri and what happened with Terry Schaivo, we know that the State can substitute its judgment for the person in a vegetative state and determine what should happen to this person. Just FYI-- the State has what courts consider, a legitimate and important interest in protecting life. Many states also have a clear and convincing evidence standard-- clear and convincing meaning that the family must show sufficient evidence to prove the vegetative person's wishes. For instance, does mentioning to a family member one day that you do not wish to stay on life support count as clear and convincing evidence? (answer is no-- and it cannot overrule the State's important and legitimate interest in protecting life).
I am very much for the right to bodily integrity and choice. Whether you want to be kept artificially hydrated or want to die on your terms, I truly believe this is your liberty (as protected in the liberty provision of the due process clause of the 14th and 5th amendments of the United States Constitution) and that your liberty should be free from government intrusion. I certainly know that I disagree with the State on many things and I sure as hell don't want the State to decide whether I remain on life support or not.
If you feel the same way, I would like to remind you that you can create your own clear and convincing evidence by appointing a proxy and clearly stating your wishes ON PAPER and having your proxy keep them. For those who do not know, a proxy is a person who will make life decisions for you-- the state views the proxy as a substitute for you.
You can usually find this paperwork on your state's attorney general website. If not, you can always find some universal form off the internet. I highly recommend the forms drafted by Hospice.
Some tips:
1. The forms designed by the state will be more respected than generic forms off the internet.
2. Depending on your state, a proxy that is not a relative by blood or adoption can be considered to be invalid. Your husband/wife can be your proxy; however, your significant other will sometimes be ruled invalid.
3. Write out your wishes for as many situations as you can think of: CPR, artificial nutrition, institutionalization, long-term care, organ donation, experimental treatments, electroshock therapy, life support, etc. If you are female, you may also want to consider writing your wishes if you are pregnant. For instance, if faced with the decision where it is your life or the fetus and you are incapacitated, what do you want to happen?
4. Don't forget that you can make these wishes on your terms. For example, if choosing between your life and a fetus, you can specify that before the third trimester, your life should be preserved but that the opposite is true at the start of your third trimester.
5. If you feel that your state has some really wonky statutes around this kind of stuff, consult a lawyer. A lot of times, lawyers will do this sort of thing for one flat price.
If you own property, you may also want to draft a living trust. Since the most expensive thing I own is my bookbag, which cost a whopping $20 at an outlet store, I opted not to do this. I figure my relatives can fight over the furniture I got off the side of the street.
If you have children, you will definitely want to draft a living trust so that you can ensure the care for your children. The State will most likely NOT look at your will-- a will is only examined AFTER your death. Since you are not dead yet, the State does not need to respect the wishes in your will.
Here's to good health and a happy life-- let's hope this never happens to any of us. But just in case, let's make sure the State doesn't decide for us.
Anytime I have one of those moments when I think I may actually die, such as when in the middle of crossing the street, I see a car hurtling in my direction, I think about what would happen if I didn't die, but instead ended up in a persistent vegetative state.
If we have learned anything from the supreme court case, Cruzan v. Missouri and what happened with Terry Schaivo, we know that the State can substitute its judgment for the person in a vegetative state and determine what should happen to this person. Just FYI-- the State has what courts consider, a legitimate and important interest in protecting life. Many states also have a clear and convincing evidence standard-- clear and convincing meaning that the family must show sufficient evidence to prove the vegetative person's wishes. For instance, does mentioning to a family member one day that you do not wish to stay on life support count as clear and convincing evidence? (answer is no-- and it cannot overrule the State's important and legitimate interest in protecting life).
I am very much for the right to bodily integrity and choice. Whether you want to be kept artificially hydrated or want to die on your terms, I truly believe this is your liberty (as protected in the liberty provision of the due process clause of the 14th and 5th amendments of the United States Constitution) and that your liberty should be free from government intrusion. I certainly know that I disagree with the State on many things and I sure as hell don't want the State to decide whether I remain on life support or not.
If you feel the same way, I would like to remind you that you can create your own clear and convincing evidence by appointing a proxy and clearly stating your wishes ON PAPER and having your proxy keep them. For those who do not know, a proxy is a person who will make life decisions for you-- the state views the proxy as a substitute for you.
You can usually find this paperwork on your state's attorney general website. If not, you can always find some universal form off the internet. I highly recommend the forms drafted by Hospice.
Some tips:
1. The forms designed by the state will be more respected than generic forms off the internet.
2. Depending on your state, a proxy that is not a relative by blood or adoption can be considered to be invalid. Your husband/wife can be your proxy; however, your significant other will sometimes be ruled invalid.
3. Write out your wishes for as many situations as you can think of: CPR, artificial nutrition, institutionalization, long-term care, organ donation, experimental treatments, electroshock therapy, life support, etc. If you are female, you may also want to consider writing your wishes if you are pregnant. For instance, if faced with the decision where it is your life or the fetus and you are incapacitated, what do you want to happen?
4. Don't forget that you can make these wishes on your terms. For example, if choosing between your life and a fetus, you can specify that before the third trimester, your life should be preserved but that the opposite is true at the start of your third trimester.
5. If you feel that your state has some really wonky statutes around this kind of stuff, consult a lawyer. A lot of times, lawyers will do this sort of thing for one flat price.
If you own property, you may also want to draft a living trust. Since the most expensive thing I own is my bookbag, which cost a whopping $20 at an outlet store, I opted not to do this. I figure my relatives can fight over the furniture I got off the side of the street.
If you have children, you will definitely want to draft a living trust so that you can ensure the care for your children. The State will most likely NOT look at your will-- a will is only examined AFTER your death. Since you are not dead yet, the State does not need to respect the wishes in your will.
Here's to good health and a happy life-- let's hope this never happens to any of us. But just in case, let's make sure the State doesn't decide for us.
Thank you for the helpful tips. I think that it is critically important. I also believe that a lot of people, around the apex of the Terri Schiavo debate, rushed out and actually did what you suggested. Unfortunately, the collective memory is short, and I am sure that it has fallen to the backs of people's minds again.