The Living Will from the Nurse's Perspective

Author:

Cohn Sarah D.

Abstract

A living will is a directive from a competent, seriously ill individual to medical personnel and family members regarding the treatment he wishes to receive when he becomes incompetent to make decisions for himself. It is important to remember that a living will is not necessary when an adult is competent and chooses to refuse treatment since it is clear that generally, an adult, whether critically ill or not, may refuse any treatment for any reason. A living will is applicable only when a previously competent patient is seriously ill and incompetent.Recent concern about new medical technologies which can prolong the dying process without improving the quality of life has sparked interest in rhe living will. More than five million copies of sample living wills have been distributed throughout the country, often by churches and senior citizens groups. State governments have also responded to this interest; the first Natural Death Act was signed into law in California in 1976. Since then, thirteen states and the District of Columbia have passed similar legislation, sometimes referred to as right-to-die statutes (see table accompanying this column).

Publisher

Cambridge University Press (CUP)

Subject

General Medicine

Reference51 articles.

1. 44. Critically Ill, supra note 11, at 99.

2. 41. See, e.g., D.C. Code Ann. §6–2423 (1982).

3. 21. See, e.g., D.C. Code Ann. §6–2421(3) (1982).

4. 35. Law Reform Commission of Canada, Euthanasia, Aiding Suicide and Cessation of Treatment (Working paper 28) (1982) at 69. It is partly this notion that led the Law Reform Commission to explicitly reject the adoption of living will legislation. It should be noted that the Commission is now receiving public comment on its working paper and then plans to submit its revised final views to the Ministry of Justice and to Parliament.

5. 42. See, e.g., Idaho Code §39–4505(1) (1981).

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