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 Schiavo: A case for living wills?
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trishran
Skeptic Friend

USA
196 Posts

Posted - 03/31/2005 :  16:33:50  Show Profile Send trishran a Private Message
A lot of pundits, and postings, are saying that the Schiavo case is an example of why we need to make living will and make our wishes about extreme medical care known to our families.

I think the Schiavo case does not at all convey the importance of living wills or expressing our wishes in advance. Every court that heard the case decided that a preponderance of the evidence showed that Terri's wishes were to not be kept alive in a vegetative state. I think this case has set a precident in which one's wishes are not enough, the input of the next-of-kin is not enough, and any relative who wants to disagree can get media attention and recruit politicians to their "cause." In other words, I think this case doesn't strengthen the value of advance directives, but weakens them.

Even if you put it in writing, couldn't your sibling say, "Well, she told me she was going to change that..." Or, "She was still going to mass, so we have to take her catholicism into account..."

One thing we need to face as a society is that there is no one right or wrong answer, but the more people we give a say, the more opportunity for conflict. If we let the parents have a say, why not siblings? Aunts, uncles, cousins?


I notice that many of the pundits who took the Schindler side of the debate were the same folks who have been blowing hard for years about the "sanctity of marriage." Yeah, until it is inconvenient.


trish

filthy
SFN Die Hard

USA
14408 Posts

Posted - 03/31/2005 :  17:00:58   [Permalink]  Show Profile Send filthy a Private Message
quote:
Originally posted by trishran

A lot of pundits, and postings, are saying that the Schiavo case is an example of why we need to make living will and make our wishes about extreme medical care known to our families.

I think the Schiavo case does not at all convey the importance of living wills or expressing our wishes in advance. Every court that heard the case decided that a preponderance of the evidence showed that Terri's wishes were to not be kept alive in a vegetative state. I think this case has set a precident in which one's wishes are not enough, the input of the next-of-kin is not enough, and any relative who wants to disagree can get media attention and recruit politicians to their "cause." In other words, I think this case doesn't strengthen the value of advance directives, but weakens them.

Even if you put it in writing, couldn't your sibling say, "Well, she told me she was going to change that..." Or, "She was still going to mass, so we have to take her catholicism into account..."

One thing we need to face as a society is that there is no one right or wrong answer, but the more people we give a say, the more opportunity for conflict. If we let the parents have a say, why not siblings? Aunts, uncles, cousins?


I notice that many of the pundits who took the Schindler side of the debate were the same folks who have been blowing hard for years about the "sanctity of marriage." Yeah, until it is inconvenient.


Exactly right. We've got a long way to go before the fallout from this settles, and it might not end up in the best interests of the patient or the family when the God-shouters get done with it.

By all means, get a living will. All states have provision for them, and I posted a link in the other thread on where to find the forms. I think it was on or around page 10.

Edit: Nope, it was page 9. Here's the link.


"What luck for rulers that men do not think." -- Adolf Hitler (1889 - 1945)

"If only we could impeach on the basis of criminal stupidity, 90% of the Rethuglicans and half of the Democrats would be thrown out of office." ~~ P.Z. Myres


"The default position of human nature is to punch the other guy in the face and take his stuff." ~~ Dude

Brother Boot Knife of Warm Humanitarianism,

and Crypto-Communist!

Edited by - filthy on 03/31/2005 17:09:55
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Wendy
SFN Regular

USA
614 Posts

Posted - 03/31/2005 :  17:18:49   [Permalink]  Show Profile  Send Wendy a Yahoo! Message Send Wendy a Private Message
quote:
Originally posted by trishran

A lot of pundits, and postings, are saying that the Schiavo case is an example of why we need to make living will and make our wishes about extreme medical care known to our families.


They're right. I revised mine yesterday. I work in a building full of law offices. Many of us witnessed each other's Living Wills. There are many useless legal documents. I believe Restraining Orders are often useless documents. Living Wills, however, are a must have. Even if you want every means possible used to keep you alive - make a Living Will and say so.

quote:
Originally posted by trishran

Even if you put it in writing, couldn't your sibling say, "Well, she told me she was going to change that..." Or, "She was still going to mass, so we have to take her catholicism into account..."

We could "what if...?" all day. Anyone can make an allegation. Anyone can file a lawsuit. There is no absolute way to prevent it, but taking the steps to make your wishes very clear may save those you care about time, money, hard feelings, and grief.

I have named my husband as my administrator, but you do not have to name your next-of-kin. Designate a person who shares your point of view, someone you trust to do what you would want done on your behalf.

I'm going to Florida on vacation next week. I'd go without my swimsuit before I would go without a Living Will.

Millions long for immortality who don't know what to do on a rainy afternoon.
-- Susan Ertz
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trishran
Skeptic Friend

USA
196 Posts

Posted - 03/31/2005 :  17:30:19   [Permalink]  Show Profile Send trishran a Private Message
I am printing up an advance directive as we speak. In addition, I made a video, expounding on my wishes about who should make my decisions if I can't make them myself - my husband. I think I might want to name an alternate, as well [what if hubby & I both become veggies in the same accident? - I know, what ifs.. but the fact that it doesn't have to be next of kin helps ease my mind]

It's been more than a decade since I last did a living will. I think I will probably keep a file in which each year I put in a new document that syas, "I still want my hubby to make these decisions."


One reason I worry is about the above what if [a relative says...] is because I know my relatives...

I am still converned that legislators who are unhappy with how the Schiavo case turned out are planning unsavory things. Look at the outspokeness, even in light of 82% of people in the U.S. being not-pro-feeding tube.

trish
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Dude
SFN Die Hard

USA
6891 Posts

Posted - 03/31/2005 :  21:14:46   [Permalink]  Show Profile Send Dude a Private Message
As a healthcare professional... I can tell you that your living will is good only as long as your spouse/family remain rational.

I frequently witness living wills being disregarded by the family of patients.


Ignorance is preferable to error; and he is less remote from the truth who believes nothing, than he who believes what is wrong.
-- Thomas Jefferson

"god :: the last refuge of a man with no answers and no argument." - G. Carlin

Hope, n.
The handmaiden of desperation; the opiate of despair; the illegible signpost on the road to perdition. ~~ da filth
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trishran
Skeptic Friend

USA
196 Posts

Posted - 03/31/2005 :  22:50:23   [Permalink]  Show Profile Send trishran a Private Message
I was thinking, too about donation of organs. Even if a person puts their wishes in writing, and has a "D" on their driver's license, if the family is against it, it doesn't happen. At this time, only about 40% of the people who have recorded their wishes in advance have organs that get donated [I do understand that sometimes the organs are unusable due to the cause of death].

I figured [even before reading Dude's post] that living wills were probably as easy to disregard as organ donation wishes are.

I have been recording my wishes. In light of my fears, I thought it would be better to designate a person - my husband - to make the decisions, rather than listing all possible bad scenarios and what to do in each case. What if something happens that I didn't foresee? Could be a foot in for someone to disregard my wishes. Also, with my video, I think it would be a lot harder to disregard a wish that you can see me make on video.

At any rate, I can't believe how many pundits, politicians and attorneys I have seen on TV in the past two weeks, arguing in favor of giving the right of these choices to "the family" as if the very situation they are addressing doesn't clearly enough demonstrate that families can disagree among themselves. Also, there's the issue of legislators and others on TV, dissing the rule of law, as if it was the only obstacle to Mrs Schiavo's health.


trish
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