"The Law: On the Virtues of Planning Ahead"

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Important note: Information in this article was accurate in 1988. The state of the art may have changed since the publication date.

"The Law: On the Virtues of Planning Ahead"

New York Native (12/26/88) Vol. 9, No. 3, P. 15
Leonard, Arthur S.

Abstract: The modern advances in medical science that allow longer life sometimes merely prolong agony, writes the New York Native's Arthur S. Leonard. That means the law must grapple with claims and counter-claims about a terminally ill person's right to refuse medical treatment. AIDS highlights this problem, as does the failure of the law to recognize gay and lesbian relationships. A recent court decision in New York, "Matter of Mary O'Connor," indicates that living wills are valid expressions of a person's wishes, but suggests that such wills must be very specific. In an important related matter, the court approved the idea of designating in a living will a person or person to practice durable power of attorney. In AIDS cases, this ruling can allow designated caregivers to make life-support decisions. It also will make it difficult for relatives to contest wills that include bequests to friends and lovers. Living wills should be drafted by an attorney. BecAUse questions of competence can arise due to AIDS dementia or powerful medication, people should plan ahead and draft the documents while they are healthy.
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