Both
the Pennsylvania and New Jersey Advance Directives (living
will) statutes cover the removal of feeding tubes.
Q:
What made the Schiavo case so difficult?
A:
The case of Terry Schiavo focused attention on who is able
to make end of life decisions when the wishes of the patient
are not clear.
The
most complicated cases involve a patient whose views are
unknown and who has not designated an agent, as in the case
of Terry Schiavo. This is also true for a person who never
had the capacity to make an informed decision, such as some
with significant developmental disabilities.
Q:
Can I, as a parent, simply write a Living Will on behalf
of my child with disabilities?
A:
A parent or guardian cannot write a living will on behalf
of someone who lacks the capacity to make informed medical
decisions. Decisions for such persons are usually worked
out by the guardian and the physician. When the issue is
less than clear-cut, an institutional ethics committee might
be called upon to review the decision. It is important to
realize that medical and other decisions are made on behalf
of people with disabilities on a daily basis. Courts become
involved only in the exceedingly rare cases in which there
is a major conflict. For this reason, in our practice, we
encourage parents to address their wishes for a disabled
child in their own living will - - not because this is legally
binding, but so that the succeeding generation has guidance.
©2005
Copyright
return
to page 1
