Wheels of Justice

Choices to make at the very end

My last article concerned the death of the best dog I have ever had. How can I relate this article to a story about a dog? It’s easy; at the very end of life we all have choices to make, whether it is for a dog, or for your family and their choice of how they want to handle the very end.
     Most people remember the news reports about Karen Quinlan, whose parents had to get a court order to have her breathing tube removed in 1976, or about Terri Shiavo’s parents fighting in 2005 to prevent her ex-husband from removing her feeding tube. In the end, these patients died after long and nasty court battles that left the families devastated from the fight.
     The law allows a competent adult to accept or reject any offered health care treatment. Laws vary from state to state, but there are generally at least four ways to look at planning your future health care options. 
     First is an Advance Directive for Health Care which describes legal instructions you can sign now to explain your wishes about your future medical treatment when you can no longer make decisions. The Advance Directive can always be revoked by telling the doctors to revoke it, or tearing it up or marking it void. You are always in control.
     Second is the Durable Power of Attorney for Health Care. It must include language that allows its powers to extend beyond the incapacity of the person granting the power, and it must be specific to health issues. You are granting someone else the power to decide to withhold life-supporting treatment, such as a feeding tube or respirator.        Third is the Do-Not-Resuscitate Consent, or DNR. This document directs that CPR not be administered in the event of cardiac or respiratory arrest. It should be used by per-sons whom the doctors have determined to be terminal.    
     Fourth is Guardian-ship of the person. The Guardian is usually required to make regular reports to the court about the condition of the patient and the money spent on his or her behalf.  The powers of a guardian may or may not include the power to withhold life supporting procedures, unless authorized by the court.
     Consider all the facts and join me in easing our families’ burdens and making them feel comfortable doing what we want done.
     Jim C. Klepper is president of Interstate Trucker Ltd., an organization that provides legal defense protection to the nation’s commercial drivers. Jim is a lawyer who focuses on transportation law and the trucking industry in particular. He works to answer your legal questions about trucking, and he holds his Commercial Drivers License.