In today’s world, with the advances that medicine has made, doctors are keeping people alive longer, but not necessarily happier.
Many of my clients have stated the desire to never be “on a machine”. Frequently they say, “pull the plug.” I offer no opinion on whether or not that is the right or wrong thing to do for them. I do tell them how to make sure their wishes are followed.
The harsh fact is that most people do not fear dying, they fear being kept alive in a manner that they do not like. For many people the thought of being hooked up to a machine that breathes for them is intolerable.
The law has a way to prevent the situation where you are incapable of telling the doctor what you want and making sure that they follow your wishes. It is called a Living Will, or in California it is properly called an Advance Medical Directive.
A Living Will is a document that is used to inform medical personnel of a patients stated desires regarding their medical care. It can be as simple as a “Do Not Resuscitate” statement or as complex as stating which medical procedures are approved and disapproved.
Frequently the main use of the Living Will is to make a clear statement that the patient does not want extraordinary measures used to maintain life. This is usually interpreted as the withholding or termination life support.
This document is extremely valuable to anyone who does not wish to be kept alive when in a vegetative state. With the advances in today’s medicine, the probability that one can be put on life support is increasing daily as the medical community continues to increase its arsenal against disease.
Can the doctors or my family do whatever they want?
No, a living will can be drafted in such a manner that an individual can specifically allow certain actions and not others. Additionally, the requirements for termination of life support can be stated in any manner. Some people want a family member to determine when life support should be withdrawn. Others choose to allow the withdrawal of life support only when two independent doctors concur that the prognosis is no improvement beyond a vegetative state.
How is that different from a Power of Attorney?
A Power of Attorney allows another individual to take action on your behalf. It is a legal document allowing someone else to write checks, enter into contracts, make decisions and generally operate or conduct business on your behalf.
A Power of Attorney can be Limited or Unlimited. A Limited Power of Attorney can be limited in either scope, “only business matters”, or time “only good for two weeks from date of signing” or both.
It can also be limited so that it is only effective upon incapacity of the principal, the one granting the power. For example a business partner might have a Limited Power of Attorney on his/her partner that is only effective when the other partner is in the hospital, or out of the country.
What is a Durable Power of Attorney?
A Durable Power of Attorney is just like a regular Power of Attorney, and it will continue to be effective even if the principal loses the mental capacity to operate on their own behalf. (David Pisarra is a partner in the Santa Monica law firm of Pisarra & Grist. He welcomes questions and 310/664-9969 or emailed at)
Originally published in the Santa Monica Daily Press print edition on April 21, 2003. Read the original PDF.