Living Will

by Sandra L. Strissel

Recent advances in medical science have made it possible to prolong life beyond the natural limit through the use of artificial or extraordinary medical and surgical procedures. Traditionally, you must give your consent before undergoing any such procedures.  Now, in cases where you are unconscious or otherwise unable to accept or reject medical or surgical treatment, you can make such decisions in advance, by executing a ALiving Will.@

The importance of executing a Living Will is well documented in the Nancy Cruzan case.  In 1983, Ms. Cruzan was involved in an automobile accident with injuries that left her in a persistent vegetative state.  Artificial feeding and hydration equipment maintained her life.  Ms. Cruzan=s roommate and parents sought to withdraw the equipment, however, the United States Supreme Court refused because it did not find Aclear and convincing evidence of the patient=s expressed intent to withhold life-sustaining treatment.@  Shortly after this decision, state officials withdrew from the case and removed Ms. Cruzan=s feeding tube.  She died twelve days later, after eight years in a vegetative state.

A Living Will is a signed document in which you decide, prior to becoming unconscious or incompetent, your decision to have life sustaining procedures withheld or withdrawn under certain conditions.  The document provides that the signer=s life shall not be artificially prolonged by extraordinary measures when there is no reasonable expectation of recovery from extreme physical or mental disability.  Generally the document states their wishes about treatments ranging from antibiotics to cardiopulmonary resuscitation in several specific medical circumstances such as irreversible coma or terminal illness.  Attorneys routinely prepare Living Wills along with other will and trust documents.

Additional information on this subject can be found in the Maryland Health-General Code '5-602. Alternately, you may call me with questions on this or any other legal matter at (301) 290-1400 or e-mail me at strissel@aol.com.

This column is general in nature.  It is accurate and hopefully helpful, but it=s not meant to be legal advice. No attorney can give you good advice without knowing the details of your individual situation.  No attorney-client relationship is created until all parties have explicitly agreed.