Wills, Trusts, and Estates (Aspen Casebook) by Jesse Dukeminier & Robert H. Sitkoff

Author:Jesse Dukeminier & Robert H. Sitkoff [Dukeminier, Jesse & Sitkoff, Robert H.]
Language: eng
Format: epub
Tags: Law, Administrative Law, Estate Planning, Wills, Legal Education, Tax Law, Estates & Trusts, Reference, Practical Guides
ISBN: 1454824573
Amazon: B00EDQVY5W
Publisher: Aspen Publishers
Published: 2014-10-30T04:00:00+00:00

____________

On June 13, 2005, the medical examiner released his autopsy report on Terri Schiavo. Her brain was about half the size of normal, she was blind before death, and her condition was consistent with having been in a persistent vegetative state. The immediate cause of death was dehydration.

* * *

b. Advance Directives

Every state has statutes providing for advance direction of health care, but these vary in their particulars and may require specific forms.45 Advance directives are of three basic types: (1) instructional directives, such as a living will, which specify either generally or by way of hypothetical examples how one wants to be treated in end-of-life situations or in the event of incompetence; (2) proxy directives, such as a health care proxy or durable power of attorney for health care, which designate an agent to make health care decisions for the patient; and (3) hybrid or combined directives incorporating both of the first two approaches, directing treatment preferences and designating an agent to make substituted decisions.

The Uniform Health-Care Decisions Act takes a hybrid approach. It includes forms that create a durable power of attorney for health care and allow a person to indicate how aggressively the person would like to be treated. The agent must make decisions in accordance with the patient’s wishes. A health care provider must follow the instructions unless they are contrary to the provider’s conscience or to generally accepted medical practice.

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.