Sunday, April 03, 2005

Conigliaro's Views on the Legal Aspects of Living Wills

As I predicted, Matt Conigliaro author of Abstract Appeal did post an authoritative entry on the disadvantages of a living will. I myself posted my views on this subject as did Kat of The Medical Insurance Guru.

Conigliaro's view focused on an important issue I didn't really address in my blog. I am mainly concerned about the fact that living wills can't be written comprehensively enough to cover all possible clinical situations. For that reason, I (and I believe most ethicists and lawyers knowledgeable in such matters) also recommend establishing a durable power of attorney for healthcare (DPAHC).

Conigliaro's concern is more the fact that an oral utterance can override what is written in a formal living will. This being the case, a disagreement of what an individual may or may not have said could force a case into the judicial system in the same manner of the Schiavo case regardless of what was written (and felt to be etched in stone).

Another reason for establishing a close, trusted person as your definitive DPAHC!

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