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Click here for our Powerpoint on Planning Ahead
When death is imminent one may refuse forms of treatment that would only result in a precarious and burdensome prolongation of life. There is a presumption in favor of continuing to provide food and water to the patient, but there is a stage in the dying process when even these may no longer be obligatory because they provide no benefit. Normal care always remains morally obligatory, but refusal of additional treatment when death is imminent is not equivalent to suicide. It should be seen instead as an expression of profound Christian hope in the life that is to come. An instruction not to provide such treatment, when communicated ahead of time to family and friends, may give great comfort to loved ones during emotionally stressful times.
A CATHOLIC GUIDE TO END-OF-LIFE DECISIONS
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Georgia's New Advanced Directive for Health Care (html) (August 2007)
The law in most States permits you and your loved ones to designate someone to make health care decisions for you if you become ill or incapacitated so that you can no longer make decisions for yourself. Your decision on these matters should be in a written document. Those documents, collectively, are known as advanced directives. Individually, depending on the format, the decision you make and the circumstances under which you make it, those documents may be called Durable Powers of Attorney for Health Care, Living Wills, and Do Not Resuscitate Orders (DNRs). The first two documents are generally prepared in advance, usually with the help of an attorney. The last (DNRs) are often prepared in a health care setting and are noted in the medical record. Each provides a means of communicating your preference concerning end-of-life care.
If you would like to speak with an attorney concerning an advanced directive for a Tennessee or Georgia resident, feel free to contact us. If you are interested in reading more about them, we have provided several weblinks below. Among those links are forms prepared by persons who are not affiliated with our law firm. Our law firm makes these links available as a public service. We are NOT suggesting that you use them, are NOT staking out a moral position by providing them and are NOT providing legal advice by placing them on our website. You should always speak with a qualified attorney if you have questions about your legal rights. Our sole observation in this regard is that when you plan ahead, the result is generally better than when you do not plan ahead.
LINKS:
Announcement: 2004 Legislation in Tennessee
Effective July 1, 2004, there is a new law in Tennessee outlining the circumstances that allow surrogates (someone other than the patient's agent, named in a health care power of attorney) have authority to make health care decisions. We have posted a copy of the statute (Chapter No. 862). Please call us if you have questions about this new satute and how it impacts you.
© 2004, Law Office of David L. McGuffey, LLC
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