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Group warns agains living wills: Standard form assumes you want to be starved or dehydrated to death
WorldNetDaily ^ | 4/1/05 | WorldNetDaily

Posted on 04/01/2005 1:09:12 PM PST by wagglebee

Amid the national crush to fill out living wills in the wake of the Terri Schiavo saga, a California pro-life group is warning citizens against signing that state's standard living will form, claiming it could result in a painful death by starvation and dehydration.

Campaign for Children and Families, a family-values nonprofit organization, is urging people to avoid using California's Advance Health Care Directive form because it makes no distinction between food and water versus heart-and-lung machinery and other artificial life-support systems. Californians who use the state's form with its standard check-off boxes may be denied nutrition and hydration, says the CCF, and could end up dying of thirst and hunger if they fall into a coma or become otherwise incapacitated.

The state's Advance Health Care Directive is found in the California Probate Code, Section 4701.

"California's living will law assumes you want to be starved or dehydrated to death," said CCF President Randy Thomasson. "This is frightening. Most people don't know that signing the standard advance directive form could sentence you to a horrible death, by your own hand or someone else's." The California's standard form provides space for citizens to further specify their wishes, but without the extra input, the form defaults in the direction of equating nutrition and hydration with artificial life-support machinery.

The group is recommending, instead, that interested Californians use the pro-life "Will to Live" form.

In fact, the National Right to Life website provides a "Will to Live" form for every state plus Washington, D.C.

"If you sign the standard form, and then fall into a temporary coma, or become disabled in an accident, or incur brain damage that initially prevents you from talking or writing, you could literally be starved and dehydrated to death by your own signature or by the person you appoint as your health care agent," said Jan Carroll McCoy, former associate western director for the National Right to Life Committee.

The problem, say critics of California's standard "living will" form, is that by simply filling in the check-off boxes provided, the citizen gives total control over his care, including the decision to withhold and withdraw food and water, to his agent:

(1.2) AGENT'S AUTHORITY: My agent is authorized to make all health care decisions for me, including decisions to provide, withhold, or withdraw artificial nutrition and hydration and all other forms of health care to keep me alive, except as I state here.

Ironically, CCF says both the check-off options of "Choice Not to Prolong Life" and "Choice to Prolong Life" are "misleading and deadly."

The choice against prolonging life artificially with machinery opens the door for death by dehydration and starvation, since California's law defines "health care" and "treatment" as including nutrition and hydration. But even checking the box to prolong life may be problematic, say critics, since that decision puts the signer within the changing limits of "generally accepted health standards," which could conceivably encompass the denial of food and water under certain circumstances.

(2.1) END-OF-LIFE DECISIONS: I direct that my health care providers and others involved in my care provide, withhold, or withdraw treatment in accordance with the choice I have marked below:

___ (a) Choice Not To Prolong Life

I do not want my life to be prolonged if (1) I have an incurable and irreversible condition that will result in my death within a relatively short time, (2) I become unconscious and, to a reasonable degree of medical certainty, I will not regain consciousness, or (3) the likely risks and burdens of treatment would outweigh the expected benefits, OR

___ (b) Choice To Prolong Life

I want my life to be prolonged as long as possible within the limits of generally accepted health care standards.

"Given that you could be starved and dehydrated to death if you use the ill-defined standard living will, now is the time for responsible citizens to take advantage of the pro-life 'Will to Live,'" said Thomasson. "Unlike the inhumane advance directive form, having a 'Will to Live' guarantees that you will receive the food and water you need should you become incapacitated, while allowing you to make distinctions about what you might consider to be extraordinary care."

The "Will to Live" was developed by the National Right to Life Committee, and is based on the presumption that "food and water are not medical treatment, but basic necessities." It specifically directs health care providers to "provide with food and fluids orally, intravenously, by tube, or by other means to the full extent necessary to both preserve my life and to assure me the optimal health possible."

"Stop and think about it," concluded Thomasson. "Food and water is not 'artificial treatment.' Food and water is not a 'machine.' Food and water is basic care for babies and adults of all ages."


TOPICS: Culture/Society; Extended News; Government; News/Current Events
KEYWORDS: cultureofdeath; dehydration; livingwills; medicaldirectives; prolife; righttolife; starvation; terrischiavo
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I think this is very useful information, regardless of how anyone felt about the Schiavo ordeal.
1 posted on 04/01/2005 1:09:14 PM PST by wagglebee
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To: wagglebee

Well, that is obvious enough. Through all the drumbeat around living wills, it is obvious the motivation is to kill you with a minimum of legal fuss.


2 posted on 04/01/2005 1:12:33 PM PST by hopespringseternal (</i>)
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To: wagglebee; biblewonk
This is one example of why I'm not the least bit interested in having a living will.

Instead, I have a Health Care Power of Attorney which says if I'm unable to communicate my own wishes, my wife speaks for me.

This way, neither Congress nor my parents nor any other bunch of well-meaning busybodies can stand in the way of my wife's telling the doctors when to let me depart from this mess.

3 posted on 04/01/2005 1:15:48 PM PST by newgeezer (Just my opinion, of course. Your mileage may vary.)
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To: wagglebee

I have been telling people this. When they say if you don't want them to pull the plug get a living will to which I respond they got it 180 degrees backward. You get a living will when you want them to kill you. But it is like talking to a wall, I sure hope you have better luck.


4 posted on 04/01/2005 1:17:09 PM PST by Mark in the Old South (Sister Lucia of Fatima pray for us)
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To: wagglebee

Amid the national crush to fill out living wills in the wake of the Terri Schiavo saga, a California pro-life group is warning citizens against signing that state's standard living will form, claiming it could result in a painful death by starvation and dehydration."

Amazing how the pro-death cult is able to take advantage of even pro-life setniment and use it to their advantage... now all these pro-life people are thinking "hmmm, I need a living will" and becoming big supporters of living wills, NOT UNDERSTANDING that 'living wills' was an invention of the death cultists to get people to say "Kill me when I become a 'useless eater'."


5 posted on 04/01/2005 1:20:29 PM PST by WOSG (Liberating Iraq - http://freedomstruth.blogspot.com)
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To: Mark in the Old South

The WHOLE PROBLEM with the Schiavo case is that it has turned upside down the presumption in favor of life... So now, lack of a living will can be as dangerous as having one.


6 posted on 04/01/2005 1:23:22 PM PST by WOSG (Liberating Iraq - http://freedomstruth.blogspot.com)
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To: Mark in the Old South

I have an advance medical directive and medical power of attorney, they are both very specific about what I want and who is allowed to speak for me. I specifically removed my wife from having any authority to make decisions because I don't want to put her in that position. My brother is an attorney who specializes in estate planning and elder law, my wife (who is also an attorney) and I both went over every conceivable scenario with him, that way there is no confusion as to our wishes. People go out and buy forms everyday for all sorts of legal matters and usually wind up in a bigger mess than if they had done nothing, medical matters are no different.


7 posted on 04/01/2005 1:23:47 PM PST by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: wagglebee

I told the wife, just don't starve me.


8 posted on 04/01/2005 1:26:19 PM PST by Pondman88
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To: wagglebee

The thing that amazed me the most was how many hospital employees (nurses, techs) were in favor of simple DNRs. I guess it makes less work for them. If someone has a problem, just let them die, and have another cup of coffee. Unlike doctors, they don't get paid extra for taking care of extra patients.


9 posted on 04/01/2005 1:28:53 PM PST by CobaltBlue (Extremism in the defence of liberty is no vice. Moderation in the pursuit of justice is no virtue.)
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To: CobaltBlue

I understand completely why certain people (generally ones who have had multiple heart attacks or strokes, and very often elderly widowers) have DNR's, and I don't fault them at all. However, the vast majority of people who need to be resuscitated make full recoveries and go on to completely normal lives, it's sickening to think of a person in average health having a DNR.


10 posted on 04/01/2005 1:34:27 PM PST by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: CobaltBlue

Nurses, hospital workers...I think they just want to see you die, They are pretty immune to death, and probably figure most people are just gonna kick off anyways.....
plus they do see alot of suffering.


11 posted on 04/01/2005 1:35:09 PM PST by Pondman88
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To: CobaltBlue
DNR are not so much the problem. Even Catholic doctrine allows that in cases of forlorn hope. There was a time the Medical community resisted the notion of DNR's. They were intended to prevent people from being on all sorts of extraordinary life support. By that I mean respirators, heart and lung machines, kidney dialysis etc. The feeding tube as life support that is a new one. Shows how twisted we have become. A feeding tube is easier than cooking and spoon feeding someone. It just boils down to "die already I want to get on with my life and the hospital wants the bed for a more profitable patient"
12 posted on 04/01/2005 1:36:31 PM PST by Mark in the Old South (Sister Lucia of Fatima pray for us)
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To: wagglebee
Thanks for the info. My hubby and I need to get on this asap.

We know we've been remiss, but this brings it all to the forefront now. Add to that that his oldest brother (who has left the U.S. and is now a Canadian citizen) is a professor of ethics who has been to the Netherlands to study euthanasia. His parents are easily influenced people who lean left, and are in awe of their "brilliant" son and his work. We both agree that we don't want anyone from his family to have ANY say in any of the affairs of our family - period.

We just received an email sent from the owner of my hubby's place of employment about the importance of living wills, and that one could be downloaded from the WI DHFS. I realize this article is about California, but I sent it along to the guys at his work as I have not yet had a chance to review what the situation is with Wisconsin law.

13 posted on 04/01/2005 1:40:03 PM PST by Mygirlsmom (I'm a "BINO" Blue -Stater In Name Only!)
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To: CobaltBlue
I just had an MRI last week and among the things I had to read and sign before treatment, the radiology center included a form which stated that they do not honor DNR directives.

You collapse on them, they start CPR and call the EMS.

Course, it is a radiology lab, and they aren't expecting to keep people around once their tests are done.

14 posted on 04/01/2005 1:41:03 PM PST by thulldud (It's bad luck to be superstitious.)
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To: wagglebee
It just occurred to me there is a problem with your suggestion about living wills and the need to stay away from standardized forms. You do realize many people can not afford legal representation and must rely on such forms or free legal aide (leftist in orientation and rarely quality). It seems we are becoming a nation that only values the very rich and the rest are expendable. If the courts were doing their job they would presume life unless spelled out otherwise. This would protect those with prolife values, the poor, and even the young and irresponsible. But that was when we had a real country with real respect for others and real law and real judges. That country is gone and you need not expect to see them respect your wishes. In our life times we have seen this living will notion slip from its moorings. What makes you think they have stopped moving the bar?
15 posted on 04/01/2005 1:45:57 PM PST by Mark in the Old South (Sister Lucia of Fatima pray for us)
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To: potlatch; PhilDragoo; devolve; Smartass

Ping


16 posted on 04/01/2005 1:48:51 PM PST by ntnychik
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To: wagglebee

Very useful information. Thanks.

Since none of us know when/if we will need a living will, remember this. Our spouses may not be in good enough emotional or physical health to make these decisions. Our children or other family may need this form. Certainly, it would strengthen the position of the family if this is filled out and available to them. If they don't need it then they don't have to use it.

Blessings.


17 posted on 04/01/2005 1:49:16 PM PST by 1st-P-In-The-Pod (This Space For Rent...Inquire Within)
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To: newgeezer

Yes, sir-! That's what most people should get. My beloved and I each have those and we STILL made sure others knew we didn't want to be starved or dehydrated (sp?) to death.

My gosh. Such evil, nasty people are out there.


18 posted on 04/01/2005 1:56:34 PM PST by freecopper01
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To: wagglebee

http://www.nrlc.org/euthanasia/willtolive/index.html is the link to the National Right To Life's Will to Live page. There are links to forms for each state.


19 posted on 04/01/2005 1:57:55 PM PST by knittnmom
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To: wagglebee; All

My mom and I have sent for a CA form - Advanced Medical Directive. According to the CA Medical Assn - it is better than a living will.

I went to their website and ordered the forms $5/each and they are being mailed to us - and they include instructions on how to fill it out and how copies should be distributed.


20 posted on 04/01/2005 1:58:19 PM PST by CyberAnt (President Bush: "America is the greatest nation on the face of the earth")
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