New Pennsylvania Law, Thanks to Terri Schiavo
Pennsylvania's had a Living Will statute for 20 years. So has Florida--but it didn't help Teri Schiavo, who never made a Living Will or appointed a health care agent.
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Thomas E. Flower, Esq. |
Pennsylvania's new Health Care Act solves this problem, by establishing rules of priority, to determine who speaks for a patient who can't speak for herself, and who has not appointed a health care agent.
Does this mean you don't need a Living Will? Sure--if you don't mind the legislature picking your health care agent. Here is the statutory list, in order of priority: First, your spouse and your adult children by prior marriage. That's a common situation--but, if they can't agree? Well, that's one good reason to appoint your own health care agent.
Adult children are next in priority, then parents, siblings, adult grandchildren, and, finally, any willing adult who can persuade your doctor he knows enough about your religious beliefs and values to figure out your health care preferences. Make that another good reason to appoint your own health care agent!
In addition to appointing an agent, your Living Will states your wishes about end-of-life medical care, and whether you would want "life-sustaining treatment," if in a state of permanent unconsciousness.
"Life-sustaining treatment" has a special meaning. In the case of an end-stage or terminal condition, "life-sustaining treatment" means treatment that only prolongs the process of dying. The alternative is "palliative care," which aims to ease the process of dying by only treating pain and doing what's possible for the patient's comfort.
In the case of permanent unconsciousness, "life-sustaining treatment" may include what the prior Act diplomatically terms "artificial or invasive forms of nutrition or hydration." The new Act doesn't mince words: it's Living Will form now asks "whether you want food or water medically supplied by a tube into your nose, stomach, intestine, arteries or veins if you have an end-stage medical condition or are permanently unconscious." That does clarify the issue.
The Act makes some forgettable changes ("terminal" is now "end-stage," your "surrogate" is now your "agent" or "representative"). Here are two things to remember: (1) If you currently have a Living Will, in any form, it's still good, provided it's signed, with two witnesses; and (2) if you haven't chosen a health care agent, when you can't speak for yourself the Statute picks one for you.
For more information on Estates and Estate Planning you can contact us at 888-664-6222 or on the web at www.sfl-law.com.
