[WSBAPT] HCD Internally Inconsistent??

Heather deVrieze heatherd at westseattlelaw.com
Fri Oct 16 12:29:43 PDT 2015


I agree with you that from a certain point of view (mine) these are inconsistent provisions, however, I have debated this at length with other smart people who find that food and water are inherently different than other life sustaining measures. Maybe someone doesn't want CPR, or breathing apparatus, but if "all" it takes to keep them alive is a feeding tube, they are OK with that.

This is a philosophical distinction that seems to matter to courts and certain religious folks, so I don't think it hurts to include it, as the "form" in the statute does.

Personally I have modified my own health care directive to provide "I do not want artificially provided nutrition and hydration, except hydration as may facilitate the provision of pain-relieving medications or serve to make me more comfortable, without unduly prolonging the process of my dying."

Heather


Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Friday, October 16, 2015 11:51 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] HCD Internally Inconsistent??

Listmates:  Happy Friday.  The Health Care Directive statute (RCW 70.122) statutory form says, clearly, that if the signor is diagnosed to be in a terminal condition or a permanent unconscious condition, then "life-sustaining treatment" shall be withheld or withdrawn.  But, later the form gives the signor the right to choose between having "artificially provided" food and water or not having artificially provided food and water.  WHAT?!?!?  If a person signs the form but checks the box that says the signor wants the food and water tubes, then what?  Aren't these inherently inconsistent provisions.  Aren't the food and water tubes "life-sustaining treatment?"  It now seems to me the HCD shouldn't even be used if the person wants to be left hooked up "because they are finding new cures all the time" or for whatever reason.  I always thought that the HCD was used to express the signor's desires WHETHER to have the doctors pull the plug and the signor could elect to be left hooked up by checking the box saying the signor wants the artificially provided food and water.   Now, I question this assumption.  Remember, in the Terri Schiavo case in Florida the "life-sustaining treatment" was the food and water tubes.    Am I missing something? Anyone willing to talk me back from the ledge??  None of my secondary sources discuss the issue and I am re-working my forms.


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