Pangur Ban <Whistleblower@att.net> wrote in
news:mn.4ab37d7684ee7c06.73271@att.net:
The following *IS* my living will, noterized, with copies in my safe
and medical records. I lifted it nearly whole from this group a year or
two ago. I've been told that it is complete, and as air-tight as a legal
document can be.
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I, *** *** *** also known as *** ***, of **** *** Drive, San Diego, CA,
want everyone who cares for me to know what health care I want if it
should come to pass that I cannot let others know what I want.
To that end, I am making this Health Care Directive and Advance Medical
Authorization, also known as a Living Will, of my own free will, being
sound, sober, well, and under the influence of no other person.
Section 1: In the event of medical incapacitation, I want my doctor to
try treatments that may return me to an acceptable quality of life.
However, if my quality of life is unacceptable to me and my condition
will not improve (is irreversible), and death would occur without
artificial life-sustaining procedures, I direct that all treatments that
extend my life be withdrawn. A quality of life that is unacceptable to
me means permanent loss of consciousness, including chronic coma or
persistent vegetative state, in which all of the following conditions are
met:
*Unable to communicate with others
*Unable to recognize family or friends
*Total dependence on others for basic bodily care
It may also include any one of the following:
*EEG or other brain scan indicating permanent,
severe loss of cognitive functions
*The need for artificial respiration, hydration, or nutrition.
Determination as to the permanence and irreversibility of the above
medical conditions shall be made solely by my primary medical physician
and one other (consulting or second opinion) medical doctor. Verbal
acknowledgment by both parties is sufficient to invoke the conditions
outlined in this document.
Section 2: The following medical procedures shall not be performed upon
me if the conditions listed in Section 1 above are met:
*Cardiopulmonary Resuscitation (CPR)
*Artificial ventilation, including tracheotomy
*Parenteral or enteral (intravenous or feeding tube)
nourishment, including hydration.
Section 3: When I am near death, it is important to me that the
following conditions be met:
I have never believed in a supernatural creator or god of any kind, and I
do not believe in one now. Therefore, no priests, religious officials
or religious lay persons shall be permitted to offer religious comfort to
my immediate family by any means including written or electronic media,
and no one will pray over me.
*** ***, my agent, or surrogate shall make all decisions, arrangements
and settlements on my behalf; medical, personal and professional.
To the extent that other medical procedures (for scientific research,
e.g.) do not accelerate death or increase pain or discomfort, they may be
employed in the hopes that they might help others in the future.
Section 4: After my death, it is important to me that the following
conditions be met:
*Medical personnel have my full and complete authorization
to harvest any organ(s) they might be able to use, for
the benefit of other patients, or for medical research.
*I do NOT donate my entire body to medical research.
*My body should be cremated as cheaply as possible in
accordance with the law. My ashes should be scattered off
the Pacific Coast of California.
This may be done with or without ceremony.
*No religious services of any kind shall be held in my honor.
*All other gatherings, specifically those involving laughter
and copious amounts of alcohol, are encouraged.
Section 5: Duties and powers of *** ***, my agent, or surrogate.
I hereby designate as my agent for the purpose of this document to be ***
***, my wife, best friend, and companion in life. If she cannot fulfill
the duties of this Health Care Directive, or declines for any reason, the
duties shall fall to Billy *** ***, my father, as surrogate.
I have discussed all aspects of this document with *** *** , my primary
agent, and she is aware of my wishes regarding "heroic life-saving" or
"artificial life-sustaining" procedures. She is also the person best
qualified to offer opinion on my behalf as to what might constitute
"acceptable quality of life" in the event I am unable to make such
decisions for myself. All parties shall defer to her judgment as follows:
*** ***, or surrogate is to act on my behalf in all matters relating to
my health (including mental health) and including, without limitation,
full power to give or refuse all medical, surgical, hospital and related
health care. This Power of Attorney is effective on my inability to make
or communicate health care decisions as determined by my primary
physician(s). All of *** ***'s actions under this power during any period
when I am unable to make or communicate health care decisions or when
there is uncertainty whether I am dead or alive have the same effect on
my heirs, creditors, colleagues, dependents and personal representatives
as if I were alive, competent and acting for myself.
I specifically consent to giving *** *** the power to admit me to an
inpatient or psychiatric hospitalization program if so ordered by my
physician.
*** *** shall be treated fairly regarding the use and disclosure of my
individually identifiable health information or other medical records.
She shall have the same access to them as I would were I not
incapacitated. This release authority applies to any information governed
by the Health Insurance Portability and Accountability Act of 1996 (aka
HIPAA), 42 USC 14200 and 45 CFR 160-164.
In no way does this power nor any other of the provisions of this
document imply financial responsibility of any kind on the part of ***
*** or surrogate towards any medical or commercial establishment or
corporation or private individual, for charges, fees, payments, co-
payments, legal judgments or any other fiscal responsibility related to
my medical condition that is not her own.
This Health Care Directive (Living Will) Power of Attorney may not be
revoked if I am incapacitated. Notwithstanding the strict legal
interpretation of any of its words, terms or phrases, its intent is clear
and unambiguous. Any attempts to negate the provisions of this Health
Care Directive through legal actions ("technicalities"), coercion,
subterfuge or any other manner are expressly against my will and
intentions.