Friday, April 01, 2005

Living wills

I must agree with my fellow bloggers when they say get a living will now, it is very obvious to me that certainly you would be prudent to do so. However………

I have to raise the point that, at least in Florida law, The power of attorney for medical decisions defaults to the spouse in the eventuality that a patient is unable to make decisions for themselves. Seeing as in my case that is who I want making those decisions, why should I be compelled to generate a legal document to ensure the letter of the law is carried out? Surely the document should be required if you do not want the regular laws to apply to you. Regardless, to me it is also very clear that the laws need to be given a work over so that there is no doubt about what is required to achieve the result that one wants.

Secondly with regard to the living will, in this case particularly. The living will is a legal document, at no point did any court decide any suit differently than they would have if there was a living will. The Schindlers proved that they were quite willing to bring up any kind of suit regardless of how frivolous. I seriously have to question whether a living will would have had any impact. Perhaps the media might have treated it a little differently but I kinda doubt that too.

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