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Out in the Mountains

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Out in the Mountains

Legal Briefs: Living Wills

by Beth Robinson and Susan Murray

While our legislators grapple with the thorny question of whether
terminally ill people ought to have access to medical assistance in
terminating their lives (see page 9), one thing is clear: by signing a
terminal care document (sometimes known as a “Living \Vill”), each
of us can make certain basic decisions about what type of medical
treatment we will or will not receive at the close of our lives, even if we
become incapable of making our own medical decisions.

Under Vermont law, any person of sound mind who is 18 or
older_may sign a terminal care document. In that document, you may
request that ifa situation arises in which you are in a terminal state and
there is no reasonable expectation of your recovery, you be allowed to
die a natural death, and that your life not be prolonged by extraordi-
nary measures. (“Extraordinary measures” means a medical interven-
tion to restore a vital function which artificially postpones the moment
of death when, in the judgment of the doctor, the patient is in a tenni-
nal state.) Some people specify that they do not want artificial nutrition
or hydration to prolong their lives if they are in a terminal state, while
others prefer to request artificial nutrition and hydration if needed. Of
course, you are also free to request that your life be sustained by any
reasonable medical measures, regardless of your condition.

In addition to instructions concerning “extraordinary mea-
sures,” you may want to provide your medical care providers
other instructions in your living will. For example, you may
request medication to alleviate your suffering if you become ter-

minal and are unable to make your own decisions, even if
that medication shortens your remaining life. You may also
want to specify that you wish to receive hospice care, fore-
going curative treatment and life-sustainin g procedures that
might otherwise be performed. If you have ethical or reli-
gious dietary restrictions, you may want to include them in
your living will. The living will is also a good place to
indicate your desire to be an organ donor, or to donate your
body for medical research or education, if you so desire,
and to express your wishes about what should happen with
your body upon your death.

You should be sure that your living will is in the form
set forth by statute, and you will need to sign it in front of
two or more witnesses who are not family members-, heirs,
or medical care providers. If a situation ever arises when
you are unable to actively participate in your medical deci-
sions, and you are in a terminal state with no hope of re-
covery, your physician will be obligated to follow your in-
structions as closely as possible. The law protects the doc-
tors, nurses, and other health professionals from civil or
criminal liability for following your instructions.

You should also include instructions about your care in the
event that you become terminal in a durable power of attorney for
health care, if you have one. Many people in our community sign
durable powers of attorney for health care, authorizing a partner

CONTINUED, p. 9

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