Thursday, May 23, 2019
Gregory S.C. Huffman recently published an Article entitled, The Enigma of End-of-Life Decisions in Advance Directives, Real Property, Trust and Estate Law Journal, Vol. 53 No. 2 (Fall 2018/Winter 2019). Provided below is an abstract of the Article.
This Article discusses advance health-care directives and the subjective, personal choices one must make for a future unknown situation. This Article first examines legal issues created by the various available types, and then moves into religious and philosophical views effecting a person's end-of-life choices. Issues involving a person's health, age, and financial and emotional situation are also discussed. Because a directive does not normally go into effect until a person can no longer make a medical decision, the Article also discusses quality-of-life issues arising from a minimally conscious state, a vegetative state, a locked-in state, and coma. There is then a discussion of the default position courts and medical providers take when no advance directive has been filled out, and the risks of leaving a person's end-of-life decisions to an agent. This Article concludes that an advance directive tends for most to be an enigma because so few have ever thought out the many complex issues raised by this type of document.