Most Living Wills are Seriously Flawed


"End of Life" issues loom large in the current health care discussions. No matter how you feel about health care funding, most people would agree with the he U.S. Supreme Court, which affirmed a person's right to his or her own "bodily integrity."

Millions of "living wills" have been distributed in an attempt to help clients exercise this constitutional right. Most of those documents have several fundamental flaws and may not be effective when they're needed most.

For example, medical personnel may be prohibited from speaking with family members due to the restrictions of a Federal medical privacy law known as "HIPAA."

Very few document let a person express his or her wishes on the degree of pain medication that he or she would accept for extreme pain. Relief may be denied to a terminally ill patient on the grounds that he or she would become a drug addict.

Virtually no "living wills" have any enforcement provisions. There is no penalty for not carrying out the client/patient's wishes.

Most health care directives deal only with terminal illness or permanent uncousciousness. A properly drafted document should also authorize a representative to take action if someone is not terminally ill but can't communicate his or her wishes.

In this Report, you will find out how to deal with these issues and more. Thank you for you attention.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jeffrey Crown, Trustlawyer,LLC | Attorney Advertising

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