X-Message-Number: 7005
Date: Mon, 30 Sep 1996 16:24:45 -0700
From: David Brandt-Erichsen <>
Subject: Re: A euthanasia problem close to home

Thomas Donaldson wrote:

>THIS JUDGE HAS REVOKED THE NON-RESUSCITATION
>CLAUSE OF GERALD KLOOSTER'S LIVING WILL.

I passed this question on to two attorneys associated with the right-to-die
movement and both agreed that the judge probably "exceeded his court's
discretion and committed judicial error" and that "an appeal would probably
be successful." 

One of these lawyers wrote:  "You are right to be alarmed. All the more
reason to be certain to have a properly executed advance directive, one that
has been drafted to reflect as many contingencies as you can anticipate and
at the same time conforms to the laws of the jurisdiction in which you
reside. Then, it is important to have copies of your AD distributed to all
who may be concerned. Once accomplished, there is still no guarantee that if
a court is properly petitioned, some judge won't err at the expense of your
expressed wishes or that some physician won't ignore your directive. It
happens, but fortunately not all that often. But if it does, you (or your
attorney-in-fact, or your health care proxy, or your spouse, etc.) would
have recourse. As, presumably, does Mrs. Klooster."

I should add that in this case it was thought that there were "suspicious
circumstances" in a long-fought custody battle.  Such a decision would be
quite rare.

Since cryonics cases are also unusual, there is a greater risk of "judicial
error" than there would be in a more ordinary case.  All the more reason to
make sure you have good advanced directives in place.  They won't be a
guarantee, but they will put you in a much stronger position than if you
don't have them.  If a judge "errs" and tramples on your rights it is little
comfort that you might win on appeal.  After all, you are at this point
incapacitated or you would be able to speak for yourself.

Also, a Durable Power of Attorney for Health Care, in which you appoint a
person with the power to make health care decisions for you when you are no
longer able to do so, is a much stronger protection than is a Living Will.
In the case of a Power of Attorney, you have a person working on your behalf
instead of just a document.  It's much harder for them to ignore a person
who is fighting for your rights than it is to ignore a document that's in a
file somewhere.


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