Taxation & Estate Planning

Illinois Right To Life and "Patient Protection"? Not Really

By Joel A. Schoenmeyer

This document, prepared by Illinois Right to Life, was provided to me recently. They consider it a "life-affirming version of the Durable Power of Attorney for Health Care," and indicate that it is a response to "the current medical and legal climate that actively promotes euthanasia and assisted suicide for the disabled and terminally ill." That's surprising, since the document:

1. allows for termination of life AND

2. actually can allow for termination of life in many more cases than the Illinois statutory short form power of attorney.

For one thing, the document states that "I wish food and fluids provided to me either orally, intravenously, by tube, or by other means to the full extent necessary to both preserve my life and to prevent death by dehydration and/or starvation," but also grants an exception ("unless death is truly imminent from an underlying fatal disease, or unless I am unable to assimilate foods or fluids"). Note that the Illinois statutory form allows you to choose what type of life-sustaining treatment you wish to receive, including the following:

I want my life to be prolonged to the greatest extent possible without regard to my condition, the chances I have for recovery or the cost of the procedures.

Notice that there are no exceptions in that statement.

Full post as published by Death and Taxes Blog on September 21, 2009 (boomark / email).