What's in your Living Will?

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Topic:	Religions > Atheism
User:	"Frank J Warner"
Date:	21 Mar 2005 11:45:58 PM
Object:	What's in your Living Will?

Here's mine, written so I don't end up like Terri Shiavo:
Please note that IANAL. I cobbled this together from various sources on
the web. Anybody see anything I might be missing?
I plan to notarize this in a day or two.
======================================
Health Care Directive
Advance Medical Authorization
(Living Will)
I, (name), of (address), want everyone who cares for me to know what
health care I want, when 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
of sound mind and not under any undue influence, duress, or threat. All
previous instruments of this nature by me regardless of their title are
hereby revoked.
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that extend my life be withdrawn.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
acknowledgement 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
Intravenous nourishment, including hydration.
Section 3:
When I am near death, it is important to me that the following
conditions be met:
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. No one will pray over me.
The below-named 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 on the beach, below the tide
line, somewhere along the stretch of the Pacific Coast of California
between Hollister Ranch (Santa Barbara / Goleta) north to Jalama Beach.
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 or surrogate for the purpose of this
document to be (name), of (address).
If the above-named agent cannot fulfill the duties of this Health Care
Directive, or declines for any reason, the duties shall fall to (name),
of (address).
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:
My agent 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 my agent'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, devisees, creditors, colleagues,
dependents and personal representatives as if I were alive, competent
and acting for myself.
I specifically consent to giving my agent the power to admit me to an
inpatient or psychiatric hospitalization program if so ordered by my
physician.
My agent 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 my
agent(s) or surrogate(s) 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.
Signature ___________________________________________________Date
___________________
Notarized:
On this ____________ day of _______________________, in the year of
____________, personally appeared before me the person signing, known
by me to be the person who completed this document and acknowledged it
as his free act and deed.
IN WITNESS THEREOF, I have set my hand and affixed my official seal in
the County of Santa Barbara, California, on the date written above.
Notary Public __________________________________________________________
===============================
-Frank
--
fwarner1-at-franksknives-dot-com
Here's some of my work:
http://www.franksknives.com/
.

User: "The other Donald"
Title: Re: What's in your Living Will?	22 Mar 2005 03:57:31 AM

"Frank J Warner" <warnerf@veriSPAMMERSDIEzon.net> wrote in message
news:210320051545580509%warnerf@veriSPAMMERSDIEzon.net...

Make certain that you keep a copy of this with you. I don't know how it
works in California (I believe your state of residence) but in the absence
of a medical directive, I (an EMT) *WILL* be doing what I can to keep you
alive, including CPR.
Please understand that to expect a field medic to do otherwise, you're
almost asking them to be derelict in their duties.

======================================

Health Care Directive
Advance Medical Authorization
(Living Will)

I, (name), of (address), want everyone who cares for me to know what
health care I want, when 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
of sound mind and not under any undue influence, duress, or threat. All
previous instruments of this nature by me regardless of their title are
hereby revoked.

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
acknowledgement 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
Intravenous nourishment, including hydration.

Section 3:
When I am near death, it is important to me that the following
conditions be met:
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. No one will pray over me.
The below-named 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.

Bless you, my good man!

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 on the beach, below the tide
line, somewhere along the stretch of the Pacific Coast of California
between Hollister Ranch (Santa Barbara / Goleta) north to Jalama Beach.
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.

When my brother-in-law died, he asked for a funeral pyre (He was Lakota
Souix). He didn't get one, but we did scatter his ashes in Lake Travis. I
also dedicated my boat in his memory.
We also got snot-slinging drunk.

Section 5:
Duties and powers of my agent or surrogate.

I hereby designate as my agent or surrogate for the purpose of this
document to be (name), of (address).

If the above-named agent cannot fulfill the duties of this Health Care
Directive, or declines for any reason, the duties shall fall to (name),
of (address).

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:

My agent 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 my agent'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, devisees, creditors, colleagues,
dependents and personal representatives as if I were alive, competent
and acting for myself.

I specifically consent to giving my agent the power to admit me to an
inpatient or psychiatric hospitalization program if so ordered by my
physician.

My agent 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 my
agent(s) or surrogate(s) 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.

My directives are pretty simple:
Keep me alive long enough to take what you can use, and then burn the rest.
Somebody punch my card, 'cuz I'm done.
--
-Donald in Austin
AA #2104
Apatriot #22
Atheist FF/EMT
.....and ordained minister
Stork pin recipient: May 1, 2003 -Madelyn
.

User: "Enkidu"
Title: Re: What's in your Living Will?	22 Mar 2005 04:31:38 AM

"The other Donald" <the_donald_13@yeehaw7.com> wrote in
news:LIM%d.9129$ot.6982@tornado.texas.rr.com:

Make certain that you keep a copy of this with you. I don't know how
it works in California (I believe your state of residence) but in the
absence of a medical directive, I (an EMT) *WILL* be doing what I can
to keep you alive, including CPR.

Please understand that to expect a field medic to do otherwise, you're
almost asking them to be derelict in their duties.

Correct. In California, if somebody calls 911, the paramedics WILL act in
every way possible to regain a pulse. To expect them to do otherwise would
be absurd.
--
Enkidu AA#2165
EAC Chaplin and ordained minister,
ULC, Modesto, CA
What men usually ask for when they pray to God is that two and two may not
make four.
-- Russian proverb
.

User: "FreeThink"
Title: Re: What's in your Living Will?	22 Mar 2005 05:16:10 AM

Enkidu wrote:

"The other Donald" <the_donald_13@yeehaw7.com> wrote in
news:LIM%d.9129$ot.6982@tornado.texas.rr.com:

Make certain that you keep a copy of this with you. I don't know

how

it works in California (I believe your state of residence) but in

the

absence of a medical directive, I (an EMT) *WILL* be doing what I

can

to keep you alive, including CPR.

Please understand that to expect a field medic to do otherwise,

you're

almost asking them to be derelict in their duties.

Correct. In California, if somebody calls 911, the paramedics WILL

act in

every way possible to regain a pulse. To expect them to do otherwise

would

be absurd.

--
Enkidu AA#2165
EAC Chaplin and ordained minister,
ULC, Modesto, CA

What men usually ask for when they pray to God is that two and two

may not

make four.
-- Russian proverb

Here is the skinny on EMR and NR in California.
http://www.emsa.ca.gov/aboutemsa/dnr.asp
You may want to look into an advanced health care directive instead.
Also, living wills vary state to state.
.

User: "pluther"
Title: Re: What's in your Living Will?	22 Mar 2005 01:33:56 PM

Enkidu wrote:

"The other Donald" <the_donald_13@yeehaw7.com> wrote in
news:LIM%d.9129$ot.6982@tornado.texas.rr.com:

Make certain that you keep a copy of this with you. I don't know

how

it works in California (I believe your state of residence) but in

the

absence of a medical directive, I (an EMT) *WILL* be doing what I

can

to keep you alive, including CPR.

Please understand that to expect a field medic to do otherwise,

you're

almost asking them to be derelict in their duties.

Correct. In California, if somebody calls 911, the paramedics WILL

act in

every way possible to regain a pulse. To expect them to do otherwise

would

be absurd.

Well, that makes sense.
I also would not want to be kept alive permanently severely
brain-damaged in a persistent vegetative state.
But, I think it would take at least a couple of days to determine that
that's actually the state I'd be in. If I'm in some kind of access,
I'd want as much help as possible keeping me alive to reach a hospital,
and a lot of work done there as well before finally making the decision
to pull the plug...
-Pat
.

User: "Enkidu"
Title: Re: What's in your Living Will?	22 Mar 2005 04:10:41 PM

"pluther" <pluther@usa.net> wrote in
news:1111498436.845825.229240@l41g2000cwc.googlegroups.com:

Correct. In California, if somebody calls 911, the paramedics WILL

act in

every way possible to regain a pulse. To expect them to do otherwise

would

be absurd.

Well, that makes sense.
I also would not want to be kept alive permanently severely
brain-damaged in a persistent vegetative state.
But, I think it would take at least a couple of days to determine that
that's actually the state I'd be in. If I'm in some kind of access,
I'd want as much help as possible keeping me alive to reach a
hospital, and a lot of work done there as well before finally making
the decision to pull the plug...

Correct. But people on hospice care at home like my grandfather-in-law
pose a special risk. If they have been through all the medical care that
is availible, and are waiting for the end at home, cared for by family and
friends, everyone needs to know not to call 911!
My grandfather-in-law died in his own home, a "granny flat" behind mine and
my wife's house, surrounded by his family. That was the end of a two year
journey I am proud I was able to take with him. I feel pity for Michael
Schiavo, that he has not been allowed to see his wife through to the end in
peace.
--
Enkidu AA#2165
EAC Chaplin and ordained minister,
ULC, Modesto, CA
Creationists make it sound as though a "theory" is something you dreamt
up after being drunk all night.
-- Isaac Asimov (attributed: source unknown)
.

User: "Frank J Warner"
Title: Re: What's in your Living Will?	22 Mar 2005 05:35:59 PM

In article <LIM%d.9129$ot.6982@tornado.texas.rr.com>, The other Donald
<the_donald_13@yeehaw7.com> wrote:

"Frank J Warner" <warnerf@veriSPAMMERSDIEzon.net> wrote in message
news:210320051545580509%warnerf@veriSPAMMERSDIEzon.net...

Make certain that you keep a copy of this with you. I don't know how it
works in California (I believe your state of residence) but in the absence
of a medical directive, I (an EMT) *WILL* be doing what I can to keep you
alive, including CPR.

Please understand that to expect a field medic to do otherwise, you're
almost asking them to be derelict in their duties.

This directive wouldn't apply to a field EMT. A DNR is only in effect
after a patient is admitted to hospital, and only when it is brought to
the attending physician's attention, is it not?
-Frank

Bless you, my good man!

My directives are pretty simple:

Keep me alive long enough to take what you can use, and then burn the rest.
Somebody punch my card, 'cuz I'm done.

--
fwarner1-at-franksknives-dot-com
Here's some of my work:
http://www.franksknives.com/
.

User: "Jenny6833A"
Title: Re: What's in your Living Will?	22 Mar 2005 06:26:25 PM

COMMENTS FROM ONE WHO HAS BEEN THRU THE PROCESS.
Frank J Warner wrote:

Health Care Directive
Advance Medical Authorization
(Living Will)

I, (name), of (address), want everyone who cares for me to know what
health care I want, when 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

of sound mind and not under any undue influence, duress, or threat.

All

previous instruments of this nature by me regardless of their title

are

hereby revoked.

Section 1:
In the event of medical incapacitation, I want my doctor [UNDEFINED

TERM] 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) [NO MD WILL CERTIFY THAT YOUR

CONDITION WILL NOT IMPROVE; SAY "IN THE JUDGMENT OF MY PHYSICIANS, MY
CONDITION IS UNLIKELY TO IMPROVE]
, and death would [WITH A REASONABLE DEGREE OF CERTAINTY] 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 [NO MD

WILL CERTIFY PERMANENT; AS BEFORE MAKE IT A JUDGMENT CALL] 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 [UNPROVABLE; SEE THE CLAIMS OF

THE SCHIAVO PARENTS]

Total dependence on others for basic bodily care [HOW TOTAL IS

TOTAL?] [WHAT DOES "BASIC BODILY CARE" MEAN?]

It may also include any one of the following:
EEG or other brain scan indicating permanent [SEE ABOVE], 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

[HOW DEFINED, HOW DETERMINED?] and one other (consulting or second

opinion) medical doctor. Verbal [AMBIGUOUS WORD: DO YOU MEAN WRITTEN OR
ORAL?]

acknowledgement 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
Intravenous nourishment, including hydration.

Section 3:
When I am near death, it is important to me that the following
conditions be met:
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. No one will pray over

me. [BUT APPARENTLY THEY CAN WHEN YOU ARE COMATOSE BUT *NOT* NEAR
DEATH. IS THAT WHAT YOU INTEND?]

The below-named 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

[IMPOSSIBLE CONDITIONS TO SATISFY AND TO CERTIFY], they may

be employed in the hopes that they might help others in the future.

[THE LAST 11 WORDS SERVE NO PURPOSE.]

Section 4:
After my death, it is important to me that the following conditions

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 [SHALL? I WANT?] be cremated as cheaply as possible

in accordance with

the law. My ashes should [SHALL? I WANT?] be scattered on the beach,

below the tide

line, somewhere along the stretch of the Pacific Coast of California
between Hollister Ranch (Santa Barbara / Goleta) north to Jalama

Beach.

This may be done with or without ceremony.
No religious services of any kind shall be held in my honor. [HERE,

SAY "I WANT." YOU CAN'T STOP SUCH SERVICES. ALL YOU CAN DO IS TELL
YOUR AGENT TO DISCOURAGE THEM, WITHHOLD COOPERATION, AND BOYCOTT THEM]

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 or surrogate for the purpose of this
document to be (name), of (address).

If the above-named agent cannot fulfill the duties of this Health

Care

Directive, or declines for any reason, the duties shall fall to

(name),

of (address).

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 [SHE IS NOT IN THE BUSINESS OF OFFERING

OPINIONS, WITH THE IMPLICATION THAT SOMEONE ELSE DECIDES. SHE IS IN
THE BUSINESS OF DECIDING ON YOUR BEHALF AND ISSUING DIRECTIVES ON YOUR
BEHALF. SHE MUST UNDERSTAND THAT. YOUR ADVANCE DIRECTIVE MUST SAY
THAT AND NEVER DEVIATE FROM THAT.]

on my behalf as to what might [MIGHT IS NOT GOOD ENOUGH. SHE

DECIDES.] 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:

My agent or surrogate is to act on my behalf in all matters relating

my health (including mental health) and including, without

limitation,

full power to give [AUTHORIZE, NOT GIVE. SHE CAN'T GIVE MEDICAL

TREATEMNT] 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

my primary physician(s) [WHO ARE THEY? HOW ARE THEY CHOSEN? BY

WHOM?]
.. All of my agent'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, devisees, creditors, colleagues,
dependents and personal representatives as if I were alive, competent
and acting for myself.

I specifically consent to giving my agent the power to admit me to an
inpatient or psychiatric hospitalization program if so ordered by my
physician.

My agent shall be treated fairly [MEANINGLESS BLAH-BLAH] 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

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 my
agent(s) or surrogate(s) 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 [AN ASSERTION, BUT AS WRITTEN IT'S NOT A FACT].

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.

OTHER COMMENTS:
YOUR DOCUMENT IS NOT MUCH GOOD WHEN YOUR PRIMARY CARE PHYSICIAN IS NOT
AVAILABLE, AS WHEN YOU ARE OUT OF HIS/HER AREA -- LIKE A FEW HUNDRED
MILES AWAY OR IN ANOTHER STATE/COUNTRY WHERE YOUR PCP IS NOT EVEN
LICENSED AND/OR HAS NO HOSPITAL PRIVILEGES.
WHO IS YOUR PCP? WHO SELECTS YOUR NEW PCP WHEN WHOEVER YOU THINK YOUR
PCP IS, ISN'T AVAILABLE.
YOU PROVIDE NO CLEAR AUTHORIZATION FOR YOUR AGENT TO HIRE/FIRE MEDICAL
FOLK INCLUDING YOUR PCP. LOTS OF DOCS TELL YOU ONE THING WHEN YOU'RE
IN GOOD HEALTH, BUT DO SOMETHING ELSE WHEN YOU CAN'T OBJECT OR WALK
AWAY. OR THEY DO NOTHING. ENSURE THAT YOUR AGENT CAN'T BE IGNORED.
YOU SHOULD TRUST ONLY YOUR AGENT. EMPOWER YOUR AGENT, NO ONE ELSE.
WHO CHOOSES THE SECOND-OPINION MD. IT BETTER BE YOUR AGENT. IF IT'S
YOUR PCP, THEN A SECOND OPINION (EITHER WAY) IS USELESS BECAUSE YOUR
PCP JUST CHOOSES SOMEONE WHO AGREES.
LOTS OF FUZZY LANGUAGE. I FLAGGED ONLY A BIT OF IT.
SKIP THE SONOROUS PHRASES. WRITE IT IN FIRST PERSON. BOIL IT DOWN.
BOIL IT DOWN. BOIL IT DOWN. THIS IS A DIRECTIVE, NOT A HIGH SCHOOL
ESSAY ON YOUR LIFE PHILOSOPHY. DIRECT, CLEARLY AND CONCISELY. DO NOT
EXPLAIN OR TRY TO JUSTIFY. SAY "WHAT" NOT "WHY"! IF YOU MUST SAY WHY,
PUT THAT IN A SEPARATE LETTER TO FAMILY AND FRIENDS.
USE "SHALL." WHEN YOU MEAN TO GIVE DIRECTION/ORDERS TO YOUR AGENT OR
OTHERS. YOU MIX SHALL, SHOULD, WILL, ETC WITHOUT APPARENT RHYME OR
REASON: THOSE WORDS ARE NOT INTERCHANGEABLE; THEY HAVE DIFFERENT
MEANINGS.
SKIP STUFF LIKE "IT IS IMPORTANT TO ME THAT ...." SAY, "I WANT" OR "I
PREFER" WHEN YOU ALLOW YOUR AGENT TO DECIDE OTHERWISE OR WHEN SHE DOES
NOT HAVE THE POWER TO ENFORCE YOUR WANTS.
MAKE THE DIFFERENCE BETWEEN YOUR PREFERENCES AND YOUR ORDERS ABSOLUTELY
CLEAR.
"MY AGENT SHALL DIRECT MY PCP TO ..." VERSUS "I WANT NO RELIGIOUS
CEREMONIES ...."
DON'T DIRECT OR SAY SHALL WHEN YOUR AGENT HAS NO POWER TO CARRY OUT
YOUR DIRECTIVE. SHE CAN'T STOP A RELIGIOUS SERVICE. SO JUST SAY, "I
WANT NO RELIGIOUS SERVICES ...."
SEE ALSO MY OTHER POST: USE AN ADDENDUM TO A PROVEN, TESTED FORM.
STATE LAWS VARY WIDELY. TESTED WORDING ALSO VARIES FROM STATE TO
STATE. IF YOU MOVE AROUND, OR EVEN TRAVEL OFTEN, IT'S WISE TO COVER
ALL THE BASES. INCLUDE A STATEMENT THAT YOU INTEND YOUR ADVANCE
DIRECTIVE TO APPLY WORLDWIDE. ALSO AUTHORIZE (NOT DIRECT) YOUR AGENT
TO MOVE YOU TO YOUR HOME STATE TO AVOID NON-COMPLIANCE WITH YOUR
ADVANCE DIRECTIVE.
OBTAIN FORMS FOR THE VARIOUS STATES AT www.compassionindying.org
THE FORMS ORDERING URL IS http://www.compassionindying.org/AD_email.php
AND PLEASE SPELL-CHECK THE RESULT OF YOUR EFFORTS.
AND, OF COURSE, ORGANIZE YOUR REMARKS BETTER THAN I'VE ORGANIZED MINE.
<G>
Jenny
(who doesn't have much time today)
.

User: "David Vestal"
Title: Re: What's in your Living Will?	22 Mar 2005 12:32:49 AM

Frank J Warner <warnerf@veriSPAMMERSDIEzon.net> wrote in
news:210320051545580509%warnerf@veriSPAMMERSDIEzon.net:

[snip]

Section 3:

[snip]

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.

Wouldn't a simple "If" be better than "To the extent that..?" The latter
implies that your doctor would weigh your potential pain or discomfort
against the potential benefit, and subject you to it if he feels the ratio
to be acceptable.

Section 4:

[snip]

I do NOT donate my entire body to medical research.

Out of curiousity, why is this?
[snip]
.

User: "Frank J Warner"
Title: Re: What's in your Living Will?	22 Mar 2005 03:27:39 AM

In article <Xns9620C6D6B2C89someoggetridofthisma@130.133.1.4>, David
Vestal <someoggetridofthis@mailcity.com> wrote:

Frank J Warner <warnerf@veriSPAMMERSDIEzon.net> wrote in
news:210320051545580509%warnerf@veriSPAMMERSDIEzon.net:

[snip]

Section 3:

[snip]

Good catch. Afraid I let my barrrister side take over :)

Section 4:

[snip]

I do NOT donate my entire body to medical research.

Out of curiousity, why is this?

I have heard some pretty gross horror stories about medical students
and cadavers, and, while I wouldn't know or care about it after I'm
dead, I know about it now, and that's enough to want to let them work
on bodies other than mine.
-Frank
--
Here's some of my work:
http://www.franksknives.com
.

User: "Ron Baker, Pluralitas!"
Title: Re: What's in your Living Will?	22 Mar 2005 07:27:32 AM

"Frank J Warner" <warnerf@veriSPAMMERSDIEzon.net> wrote in message
news:210320051927392490%warnerf@veriSPAMMERSDIEzon.net...

In article <Xns9620C6D6B2C89someoggetridofthisma@130.133.1.4>, David
Vestal <someoggetridofthis@mailcity.com> wrote:

Frank J Warner <warnerf@veriSPAMMERSDIEzon.net> wrote in
news:210320051545580509%warnerf@veriSPAMMERSDIEzon.net:

Here's mine, written so I don't end up like Terri Shiavo:

Please note that IANAL. I cobbled this together from various sources

the web. Anybody see anything I might be missing?

I plan to notarize this in a day or two.

[snip]

Section 3:

[snip]

Wouldn't a simple "If" be better than "To the extent that..?" The

latter

implies that your doctor would weigh your potential pain or discomfort
against the potential benefit, and subject you to it if he feels the

ratio

to be acceptable.

Good catch. Afraid I let my barrrister side take over :)

Section 4:

[snip]

I do NOT donate my entire body to medical research.

Out of curiousity, why is this?

It ocurrs to me that you wouldn't want the medical
staff to have an incentive to declare you brain dead.

About 15 years ago a friend of mine entered medical school.
He invited some friends and me to come and see
the body he was disecting.
The body was of an old man. He was somewhat dried out,
preserved and partially disected. It was interesting.
We examined him with curiosity and with respect.
(We were all engineers in our twenties and thirties.)
There were several other bodies in roughly the same
state. This was after hours and there were no other medical
students working on the other bodies.
I saw no evidence that any of the bodies had been
mistreated.
I've dealt with undertakers and they remind
me of used car salesmen.
I would rather be in the hands of medical students.
--
rb
.

User: "Gregory Gadow"
Title: Re: What's in your Living Will?	22 Mar 2005 02:20:55 PM

"Ron Baker, Pluralitas!" wrote:

"Frank J Warner" <warnerf@veriSPAMMERSDIEzon.net> wrote in message
news:210320051927392490%warnerf@veriSPAMMERSDIEzon.net...

In article <Xns9620C6D6B2C89someoggetridofthisma@130.133.1.4>, David
Vestal <someoggetridofthis@mailcity.com> wrote:

Frank J Warner <warnerf@veriSPAMMERSDIEzon.net> wrote in
news:210320051545580509%warnerf@veriSPAMMERSDIEzon.net:

Section 4:

[snip]

I do NOT donate my entire body to medical research.

Out of curiousity, why is this?

It ocurrs to me that you wouldn't want the medical
staff to have an incentive to declare you brain dead.

Very much agreed.
--
Gregory Gadow
techbear@serv.net
http://www.serv.net/~techbear
"[T]hose who deny freedom to others deserve it not for themselves;
and, under the rule of a just God, cannot long retain it."
-- Pres. George W. Bush, Hypocrite, his inauguration speech, 2005
.

User: ""
Title: Re: What's in your Living Will?	22 Mar 2005 03:09:46 PM

Frank J Warner wrote:

In article <Xns9620C6D6B2C89someoggetridofthisma@130.133.1.4>, David
Vestal <someoggetridofthis@mailcity.com> wrote:

Frank J Warner <warnerf@veriSPAMMERSDIEzon.net> wrote in
news:210320051545580509%warnerf@veriSPAMMERSDIEzon.net:

Here's mine, written so I don't end up like Terri Shiavo:

Please note that IANAL. I cobbled this together from various

sources on

the web. Anybody see anything I might be missing?

I plan to notarize this in a day or two.

[snip]

Section 3:

[snip]

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.

Wouldn't a simple "If" be better than "To the extent that..?" The

latter

implies that your doctor would weigh your potential pain or

discomfort

against the potential benefit, and subject you to it if he feels

the ratio

to be acceptable.

Good catch. Afraid I let my barrrister side take over :)

Section 4:

[snip]

I do NOT donate my entire body to medical research.

Out of curiousity, why is this?

Having been a medical student, I can tell you that most of the stories
you hear are just that, stories. It is my experience that the cadavers
are treated with respect throughout the anatomy course. Of course, we
made crude, rather black, jokes about the situation, but the actual
cadaver was not "played with". Indeed, after the course, there was
memorial service for the previous inhabitants of the corpses at which I
was able to meet the families of some of the donors. It was a truly
moving experience and one of the closest I have been to a spiritual
experience.
On behalf of universities, university hospitals and future students,
can I ask you to please reconsider?
.

User: "Harry F. Leopold"
Title: Re: What's in your Living Will?	22 Mar 2005 04:09:20 PM

On Tue, 22 Mar 2005 09:09:46 -0600,

wrote
(in article <1111504186.776976.214200@z14g2000cwz.googlegroups.com>):

Frank J Warner wrote:

In article <Xns9620C6D6B2C89someoggetridofthisma@130.133.1.4>, David
Vestal <someoggetridofthis@mailcity.com> wrote:

Frank J Warner <warnerf@veriSPAMMERSDIEzon.net> wrote in
news:210320051545580509%warnerf@veriSPAMMERSDIEzon.net:

Here's mine, written so I don't end up like Terri Shiavo:

Please note that IANAL. I cobbled this together from various

sources on

the web. Anybody see anything I might be missing?

I plan to notarize this in a day or two.

[snip]

Section 3:

[snip]

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.

Wouldn't a simple "If" be better than "To the extent that..?" The

latter

implies that your doctor would weigh your potential pain or

discomfort

against the potential benefit, and subject you to it if he feels

the ratio

to be acceptable.

Good catch. Afraid I let my barrrister side take over :)

Section 4:

[snip]

I do NOT donate my entire body to medical research.

Out of curiousity, why is this?

I would not mind at all having my body turned over to a medical school (as
long as I could convince the coroner into placing a Jack-in-the-box into my
chest after the autopsy. Hey, I can take a joke, I just enjoy playing one on
others on occasion. ;-)
--
Harry F. Leopold
aa #2076
AA/Vet #4
The Prints of Darkness
(remove gene to email)
"Nothing can stand up to atheistic critical examination. You guys are the
proctologists of Religion." - angelicusrex
.

User: "Jenny6833A"
Title: Re: What's in your Living Will?	22 Mar 2005 06:09:40 AM

Frank J Warner wrote:

Medical

Authorization, also known as a Living Will, of my own free will,

being

of sound mind and not under any undue influence, duress, or threat.

All

previous instruments of this nature by me regardless of their title

are

hereby revoked.

Section 1:
In the event of medical incapacitation, I want my doctor [UNDEFINED

TERM] 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) [NO MD WILL CERTIFY THAT YOUR

CONDITION WILL NOT IMPROVE; SAY "IN THE BEST JUDGMENT OF MY PHYSICIANS,
MY CONDITION IS UNLIKELY TO IMPROVE]
, and death would [WITH A REASONABLE DEGREE OF CERTAINTY] 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 [NO MD

WILL CERTIFY PERMANENT; AS BEFORE MAKE IT A JUDGMENT CALL] loss of

THE SHIAVO PARENTS]

Total dependence on others for basic bodily care [HOW TOTAL IS

TOTAL?] [WHAT DOES "BASIC BODILY CARE" MEAN?]

It may also include any one of the following:
EEG or other brain scan indicating permanent [SEE ABOVE], severe loss

of cognitive

physician

[HOW DEFINED, HOW DETERMINED?] and one other (consulting or second

opinion) medical doctor. Verbal [AMBIGUOUS WORD: DO YOU MEAN WRITTEN OR
ORAL?]

acknowledgement 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

me. [BUT APPARENTLY THEY CAN WHEN YOU ARE COMATOSE BUT *NOT* NEAR
DEATH. IS THAT WHAT YOU INTEND?]

[IMPOSSIBLE CONDITIONS TO SATISFY], they may

be employed in the hopes that they might help others in the future.

[THE LAST 11 WORDS SERVE NO PURPOSE.]

Section 4:
After my death, it is important to me that the following conditions

accordance with

the law. My ashes should [SHALL?] be scattered on the beach, below

the tide

line, somewhere along the stretch of the Pacific Coast of California
between Hollister Ranch (Santa Barbara / Goleta) north to Jalama

Beach.

This may be done with or without ceremony.
No religious services of any kind shall be held in my honor. [HERE,

SAY "I WANT." YOU CAN'T STOP SUCH SERVICES. ALL YOU CAN DO IS TELL
YOUR AGENT TO DISCOURAGE THEM, WITHHOLD COOPERATION, AND BOYCOTT THEM]

All other gatherings, specifically those involving laughter and

copious

Care

Directive, or declines for any reason, the duties shall fall to

(name),

OPINIONS. SHE IS IN THE BUSINESS OF DECIDING AND DIRECTING ON YOUR
BEHALF]

on my behalf as to what might [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:

My agent or surrogate is to act on my behalf in all matters relating

my health (including mental health) and including, without

limitation,

full power to give [AUTHORIZE???] 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

my primary physician(s) [WHO ARE THEY? HOW ARE THEY CHOSEN? BY

WHOM?]
.. All of my agent'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 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

fees,

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.

OTHER COMMENTS:
YOUR DOCUMENT IS NOT MUCH GOOD WHEN YOUR PRIMARY CARE PHYSICIAN IS NOT
AVAILABLE, AS WHEN YOU ARE OUT OF HIS/HER AREA -- AS IN A FEW HUNDRED
MILES AWAY OR IN ANOTHER STATE/COUNTRY WHERE YOUR PCP IS NOT EVEN
LICENSED AND HAS NO HOSPITAL PRIVILEGES.
WHO IS YOUR PCP? WHO SELECTS YOUR NEW PCP WHEN WHOEVER YOU THINK YOUR
PCP IS, ISN'T AVAILABLE.
YOU PROVIDE NO CLEAR AUTHORIZATION FOR YOUR AGENT TO HIRE/FIRE MEDICAL
FOLK INCLUDING YOUR PCP. LOTS OF DOCS TELL YOU ONE THING WHEN YOU'RE
IN GOOD HEALTH, BUT DO SOMETHING ELSE WHEN YOU CAN'T OBJECT OR WALK
AWAY. OR THEY DO NOTHING. ENSURE THAT YOUR AGENT CAN'T BE IGNORED.
YOU SHOULD TRUST ONLY YOUR AGENT. EMPOWER YOUR AGENT, NO ONE ELSE.
WHO CHOOSES THE SECOND-OPINION MD. IT BETTER BE YOUR AGENT. IF IT'S
YOUR PCP, THEN A SECOND OPINION (EITHER WAY) IS USELESS BECAUSE YOUR
PCP JUST CHOOSES SOMEONE WHO AGREES.
LOTS OF FUZZY LANGUAGE. I FLAGGED ONLY A BIT OF IT.
SKIP THE SONOROUS PHRASES. WRITE IT IN FIRST PERSON. BOIL IT DOWN.
BOIL IT DOWN. BOIL IT DOWN. THIS IS A DIRECTIVE, NOT A HIGH SCHOOL
ESSAY ON YOUR LIFE PHILOSOPHY. DIRECT, CLEARLY AND CONCISELY. DO NOT
EXPLAIN OR TRY TO JUSTIFY. SAY "WHAT" NOT "WHY"!
USE "SHALL." YOU MIX SHALL, SHOULD, WILL, ETC WITHOUT APPARENT RHYME
OR REASON: THOSE WORDS ARE NOT INTERCHANGEABLE; THEY HAVE DIFFERENT
MEANINGS. OH, YEAH, SKIP STUFF LIKE "IT IS IMPORTANT TO ME THAT ...."
SAY, "I WANT" OR "I PREFER" WHEN YOU ALLOW YOUR AGENT TO DECIDE
OTHERWISE. USE "I DIRECT THAT" WHEN THE DIRECTIVE IS NONNEGOTIABLE.
BETTER YET, SAY "MY AGENT SHALL DIRECT MY PCP TO ...." MAKE THE
DIFFERENCE BETWEEN YOUR PREFERENCES AND YOUR ORDERS ABSOLUTELY CLEAR.
DON'T DIRECT OR SAY SHALL WHEN YOUR AGENT HAS NO POWER TO CARRY OUT
YOUR DIRECTIVE. SHE CAN'T STOP A RELIGIOUS SERVICE. SO JUST SAY, "I
DO NOT WANT ANY RELIGIOUS SERVICES ...."
AND PLEASE SPELL-CHECK THE RESULT OF YOUR EFFORTS.
AND, OF COURSE, ORGANIZE YOUR REMARKS BETTER THAN I'VE ORGANIZED MINE.
<G>
Jenny
.

User: "Frank J Warner"
Title: Re: What's in your Living Will?	22 Mar 2005 06:19:52 PM

In article <1111471780.844781.226110@z14g2000cwz.googlegroups.com>,
Jenny6833A <Jenny6833A@aol.com> wrote:

Frank J Warner wrote:

Medical

Authorization, also known as a Living Will, of my own free will,

being

of sound mind and not under any undue influence, duress, or threat.

All

previous instruments of this nature by me regardless of their title

are

hereby revoked.

Section 1:
In the event of medical incapacitation, I want my doctor [UNDEFINED

TERM] 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) [NO MD WILL CERTIFY THAT YOUR

CONDITION WILL NOT IMPROVE; SAY "IN THE BEST JUDGMENT OF MY PHYSICIANS,
MY CONDITION IS UNLIKELY TO IMPROVE]

Not asking for certification. I've dealt with doctors and end-of-life
situations on more than one occasion. In each case they've indicated
that the patient hasn't got long to live, or will not recover. Usually,
this is nothing more than a private, informal remark. That's all I need
from a doctor that I would otherwise trust to do everything else
possible for me.

, and death would [WITH A REASONABLE DEGREE OF CERTAINTY] 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 [NO MD

WILL CERTIFY PERMANENT; AS BEFORE MAKE IT A JUDGMENT CALL] loss of

THE SHIAVO PARENTS]

Total dependence on others for basic bodily care [HOW TOTAL IS

TOTAL?] [WHAT DOES "BASIC BODILY CARE" MEAN?]

It may also include any one of the following:
EEG or other brain scan indicating permanent [SEE ABOVE], severe loss

of cognitive

physician

[HOW DEFINED, HOW DETERMINED?] and one other (consulting or second

opinion) medical doctor. Verbal [AMBIGUOUS WORD: DO YOU MEAN WRITTEN OR
ORAL?]

acknowledgement 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

me. [BUT APPARENTLY THEY CAN WHEN YOU ARE COMATOSE BUT *NOT* NEAR
DEATH. IS THAT WHAT YOU INTEND?]

[IMPOSSIBLE CONDITIONS TO SATISFY], they may

be employed in the hopes that they might help others in the future.

[THE LAST 11 WORDS SERVE NO PURPOSE.]

Section 4:
After my death, it is important to me that the following conditions

accordance with

the law. My ashes should [SHALL?] be scattered on the beach, below

the tide

line, somewhere along the stretch of the Pacific Coast of California
between Hollister Ranch (Santa Barbara / Goleta) north to Jalama

Beach.

This may be done with or without ceremony.
No religious services of any kind shall be held in my honor. [HERE,

SAY "I WANT." YOU CAN'T STOP SUCH SERVICES.

The hell I can't.

ALL YOU CAN DO IS TELL
YOUR AGENT TO DISCOURAGE THEM, WITHHOLD COOPERATION, AND BOYCOTT THEM]

If you're a religious freak, you don't want my agent ***** at you.
Trust me.

All other gatherings, specifically those involving laughter and

copious

Care

Directive, or declines for any reason, the duties shall fall to

(name),

OPINIONS. SHE IS IN THE BUSINESS OF DECIDING AND DIRECTING ON YOUR
BEHALF]

She is not "in business" at all. But if a situation arises that is not
specifically covered by this document, which is entirely possible, she
knows my wishes better than anyone else on the planet. In fact, I'd say
she can articulate my wishes better than I can. The language stands.

my health (including mental health) and including, without

limitation,

full power to give [AUTHORIZE???] 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

my primary physician(s) [WHO ARE THEY? HOW ARE THEY CHOSEN? BY

WHOM?]

I'd guess he's the guy (or gal) in the white doctor's uniform standing
next to my bed, the one making all those notations in my charts, the
one ordering all those tests, and the one who ultimately says, "_C'est
tout_." Bad guess?

. All of my agent'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 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

fees,

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.

This directive is not meant to go into effect in emergency situations.
It is intended to avoid long-term hassles, anguish, expense, etc. If
I'm laying in a ditch somewhere 100s of miles from home, broken and
bloodied, I want everyone to make every effort to save me. I can't
forsee a situation in which this directive would take effect outside my
own "home" medical group.

WHO IS YOUR PCP? WHO SELECTS YOUR NEW PCP WHEN WHOEVER YOU THINK YOUR
PCP IS, ISN'T AVAILABLE.

Doesn't matter. I do have a PCP, but this directive would take effect
no matter who that person or group might be in the future.

YOU PROVIDE NO CLEAR AUTHORIZATION FOR YOUR AGENT TO HIRE/FIRE MEDICAL
FOLK INCLUDING YOUR PCP. LOTS OF DOCS TELL YOU ONE THING WHEN YOU'RE
IN GOOD HEALTH, BUT DO SOMETHING ELSE WHEN YOU CAN'T OBJECT OR WALK
AWAY. OR THEY DO NOTHING. ENSURE THAT YOUR AGENT CAN'T BE IGNORED.
YOU SHOULD TRUST ONLY YOUR AGENT. EMPOWER YOUR AGENT, NO ONE ELSE.

Good thought.

WHO CHOOSES THE SECOND-OPINION MD. IT BETTER BE YOUR AGENT. IF IT'S
YOUR PCP, THEN A SECOND OPINION (EITHER WAY) IS USELESS BECAUSE YOUR
PCP JUST CHOOSES SOMEONE WHO AGREES.

Again, it doesn't matter. Maybe I'm old-fashioned or naive but I've
actually taken the time to build a rapport with my doctor. I trust her
to make the right decisions about my health care. It is inconcievable
that she would consult another doctor for reasons not in my best
interest.

LOTS OF FUZZY LANGUAGE. I FLAGGED ONLY A BIT OF IT.

Goodness. You mean you actually restrained yourself? I'm aghast.
(No, seriously, I'm amazed you took so much time with this. I really,
really do NOT mind this kind of constuctive criticism. I've printed
your comments out so I can review them later.)

SKIP THE SONOROUS PHRASES. WRITE IT IN FIRST PERSON. BOIL IT DOWN.
BOIL IT DOWN. BOIL IT DOWN. THIS IS A DIRECTIVE, NOT A HIGH SCHOOL
ESSAY ON YOUR LIFE PHILOSOPHY. DIRECT, CLEARLY AND CONCISELY. DO NOT
EXPLAIN OR TRY TO JUSTIFY. SAY "WHAT" NOT "WHY"!

USE "SHALL." YOU MIX SHALL, SHOULD, WILL, ETC WITHOUT APPARENT RHYME
OR REASON: THOSE WORDS ARE NOT INTERCHANGEABLE; THEY HAVE DIFFERENT
MEANINGS. OH, YEAH, SKIP STUFF LIKE "IT IS IMPORTANT TO ME THAT ...."

SAY, "I WANT" OR "I PREFER" WHEN YOU ALLOW YOUR AGENT TO DECIDE
OTHERWISE. USE "I DIRECT THAT" WHEN THE DIRECTIVE IS NONNEGOTIABLE.
BETTER YET, SAY "MY AGENT SHALL DIRECT MY PCP TO ...." MAKE THE
DIFFERENCE BETWEEN YOUR PREFERENCES AND YOUR ORDERS ABSOLUTELY CLEAR.

DON'T DIRECT OR SAY SHALL WHEN YOUR AGENT HAS NO POWER TO CARRY OUT
YOUR DIRECTIVE. SHE CAN'T STOP A RELIGIOUS SERVICE. SO JUST SAY, "I
DO NOT WANT ANY RELIGIOUS SERVICES ...."

AND PLEASE SPELL-CHECK THE RESULT OF YOUR EFFORTS.

AND, OF COURSE, ORGANIZE YOUR REMARKS BETTER THAN I'VE ORGANIZED MINE.

<G>

Jenny

Thanks, teach!
-Frank
--
fwarner1-at-franksknives-dot-com
Here's some of my work:
http://www.franksknives.com/
.

User: "FreeThink"
Title: Re: What's in your Living Will?	24 Mar 2005 12:41:56 AM

Frank J Warner wrote:

In article <1111471780.844781.226110@z14g2000cwz.googlegroups.com>,
Jenny6833A <Jenny6833A@aol.com> wrote:

Frank J Warner wrote:

Health Care Directive
Advance Medical Authorization
(Living Will)

I, (name), of (address), want everyone who cares for me to know

what

health care I want, when 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

of sound mind and not under any undue influence, duress, or

threat.

All

previous instruments of this nature by me regardless of their

title

are

hereby revoked.

Section 1:
In the event of medical incapacitation, I want my doctor

[UNDEFINED

TERM] 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) [NO MD WILL CERTIFY THAT YOUR

CONDITION WILL NOT IMPROVE; SAY "IN THE BEST JUDGMENT OF MY

PHYSICIANS,

MY CONDITION IS UNLIKELY TO IMPROVE]

Usually,

this is nothing more than a private, informal remark. That's all I

need

from a doctor that I would otherwise trust to do everything else
possible for me.

That may be true but if there is any legal question as to what they can
do then they will not do it. Liability insurance for doctors is high as
it is.

, and death would [WITH A REASONABLE DEGREE OF CERTAINTY] 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 [NO

WILL CERTIFY PERMANENT; AS BEFORE MAKE IT A JUDGMENT CALL] 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 [UNPROVABLE; SEE THE CLAIMS

THE SHIAVO PARENTS]

Total dependence on others for basic bodily care [HOW TOTAL IS

TOTAL?] [WHAT DOES "BASIC BODILY CARE" MEAN?]

It may also include any one of the following:
EEG or other brain scan indicating permanent [SEE ABOVE], 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

[HOW DEFINED, HOW DETERMINED?] and one other (consulting or

second

opinion) medical doctor. Verbal [AMBIGUOUS WORD: DO YOU MEAN

WRITTEN OR

ORAL?]

acknowledgement 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

the

any

means including written or electronic media. No one will pray

over

me. [BUT APPARENTLY THEY CAN WHEN YOU ARE COMATOSE BUT *NOT* NEAR
DEATH. IS THAT WHAT YOU INTEND?]

The below-named 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

[IMPOSSIBLE CONDITIONS TO SATISFY], they may

be employed in the hopes that they might help others in the

future.

[THE LAST 11 WORDS SERVE NO PURPOSE.]

Section 4:
After my death, it is important to me that the following

conditions

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 [NOT SHALL?] be cremated as cheaply as possible in

accordance with

the law. My ashes should [SHALL?] be scattered on the beach,

below

the tide

line, somewhere along the stretch of the Pacific Coast of

California

between Hollister Ranch (Santa Barbara / Goleta) north to Jalama

Beach.

This may be done with or without ceremony.
No religious services of any kind shall be held in my honor.

[HERE,

SAY "I WANT." YOU CAN'T STOP SUCH SERVICES.

The hell I can't.

You are in the US, right? I have a friend who was bedside with her
teminally ill mother. A theist volunteer came into the room and started
singing hyms. After a few angry glances she left.

ALL YOU CAN DO IS TELL
YOUR AGENT TO DISCOURAGE THEM, WITHHOLD COOPERATION, AND BOYCOTT

THEM]

If you're a religious freak, you don't want my agent ***** at

you.

Trust me.

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 or surrogate for the purpose of

this

document to be (name), of (address).

If the above-named agent cannot fulfill the duties of this Health

Care

Directive, or declines for any reason, the duties shall fall to

(name),

of (address).

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 [SHE IS NOT IN THE BUSINESS OF

OFFERING

OPINIONS. SHE IS IN THE BUSINESS OF DECIDING AND DIRECTING ON YOUR
BEHALF]

She is not "in business" at all. But if a situation arises that is

not

specifically covered by this document, which is entirely possible,

she

knows my wishes better than anyone else on the planet. In fact, I'd

say

she can articulate my wishes better than I can. The language stands.

on my behalf as to what might [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:

My agent or surrogate is to act on my behalf in all matters

relating

my health (including mental health) and including, without

limitation,

full power to give [AUTHORIZE???] 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

my primary physician(s) [WHO ARE THEY? HOW ARE THEY CHOSEN? BY

WHOM?]

I'd guess he's the guy (or gal) in the white doctor's uniform

standing

next to my bed, the one making all those notations in my charts, the
one ordering all those tests, and the one who ultimately says,

"_C'est

tout_." Bad guess?

It is if you are not near your home. Then the PCG is up for grabs.

. All of my agent'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, devisees, creditors, colleagues,
dependents and personal representatives as if I were alive,

competent

and acting for myself.

I specifically consent to giving my agent the power to admit me

to an

inpatient or psychiatric hospitalization program if so ordered by

physician.

My agent shall be treated fairly [MEANINGLESS BLAH-BLAH]

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

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 my

agent(s) or surrogate(s) 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

clear and unambiguous [AN ASSERTION, NOT A FACT]. 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.

OTHER COMMENTS:

YOUR DOCUMENT IS NOT MUCH GOOD WHEN YOUR PRIMARY CARE PHYSICIAN IS

NOT

AVAILABLE, AS WHEN YOU ARE OUT OF HIS/HER AREA -- AS IN A FEW

HUNDRED

MILES AWAY OR IN ANOTHER STATE/COUNTRY WHERE YOUR PCP IS NOT EVEN
LICENSED AND HAS NO HOSPITAL PRIVILEGES.

This directive is not meant to go into effect in emergency

situations.

It is intended to avoid long-term hassles, anguish, expense, etc. If
I'm laying in a ditch somewhere 100s of miles from home, broken and
bloodied, I want everyone to make every effort to save me. I can't
forsee a situation in which this directive would take effect outside

own "home" medical group.

WHO IS YOUR PCP? WHO SELECTS YOUR NEW PCP WHEN WHOEVER YOU THINK

YOUR

PCP IS, ISN'T AVAILABLE.

Doesn't matter. I do have a PCP, but this directive would take effect
no matter who that person or group might be in the future.

YOU PROVIDE NO CLEAR AUTHORIZATION FOR YOUR AGENT TO HIRE/FIRE

MEDICAL

FOLK INCLUDING YOUR PCP. LOTS OF DOCS TELL YOU ONE THING WHEN

YOU'RE

IN GOOD HEALTH, BUT DO SOMETHING ELSE WHEN YOU CAN'T OBJECT OR WALK
AWAY. OR THEY DO NOTHING. ENSURE THAT YOUR AGENT CAN'T BE

IGNORED.

YOU SHOULD TRUST ONLY YOUR AGENT. EMPOWER YOUR AGENT, NO ONE ELSE.

Good thought.

WHO CHOOSES THE SECOND-OPINION MD. IT BETTER BE YOUR AGENT. IF

IT'S

YOUR PCP, THEN A SECOND OPINION (EITHER WAY) IS USELESS BECAUSE

YOUR

PCP JUST CHOOSES SOMEONE WHO AGREES.

Again, it doesn't matter. Maybe I'm old-fashioned or naive but I've
actually taken the time to build a rapport with my doctor. I trust

her

to make the right decisions about my health care. It is inconcievable
that she would consult another doctor for reasons not in my best
interest.

LOTS OF FUZZY LANGUAGE. I FLAGGED ONLY A BIT OF IT.

Goodness. You mean you actually restrained yourself? I'm aghast.

(No, seriously, I'm amazed you took so much time with this. I really,
really do NOT mind this kind of constuctive criticism. I've printed
your comments out so I can review them later.)

SKIP THE SONOROUS PHRASES. WRITE IT IN FIRST PERSON. BOIL IT

DOWN.

BOIL IT DOWN. BOIL IT DOWN. THIS IS A DIRECTIVE, NOT A HIGH

SCHOOL

ESSAY ON YOUR LIFE PHILOSOPHY. DIRECT, CLEARLY AND CONCISELY. DO

NOT

EXPLAIN OR TRY TO JUSTIFY. SAY "WHAT" NOT "WHY"!

USE "SHALL." YOU MIX SHALL, SHOULD, WILL, ETC WITHOUT APPARENT

RHYME

OR REASON: THOSE WORDS ARE NOT INTERCHANGEABLE; THEY HAVE

DIFFERENT

MEANINGS. OH, YEAH, SKIP STUFF LIKE "IT IS IMPORTANT TO ME THAT

....."

SAY, "I WANT" OR "I PREFER" WHEN YOU ALLOW YOUR A