The

Cover Story


by Rikki Porter



Ms. Atteberry said, "Unless you clearly define [exactly what steps are to be taken], you can be taken advantage of."

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Living wills controversial





Living wills, also known as advance directives, are "a way to put down on paper your wishes in the event you're not able to speak for yourself due to illness or injury. [The living will tells] what sort of medical treatment you would like to have or not have performed on you," attorney Robert M. Snee said.

The will also "makes [your] wishes known in advance to family members and your physician so that those wishes may be carried out in the event of catastrophic illness or injury," he said.

Mr. Snee, who has practiced law for more than 15 years, said that although his law office makes no recommendation on whether or not a person should sign a living will, he sees no disadvantages to it.

The Right To Life Organization disagrees, saying that the wording of living wills is not specific enough, and does not adequately explain what will happen to the patient if he or she refuses a form of life support.

Gail Atteberry, executive director of Oregon's Right To Life, said that the wording of the living wills is key.

In the living will, the patient can refuse tube feeding or other life support when the patient is close to death, is permanently unconscious, has an advanced progressive illness or if life support "would bring with it extraordinary suffering."

Ms. Atteberry said that too many "incompetent but still living people" are taken off the feeding tube that supplies food and water and left to slowly and painfully starve to death because of poorly written wills.

"The Right To Life Organization exists to protect innocent human life from conception to death from being killed," Ms. Atteberry said. "Unless you clearly define [exactly what steps are to be taken], you can be taken advantage of."

Patients can appoint a health care representative who has the power to make decisions for them when they cannot do so. The health care representatives cannot be the patient's doctor or an employee of the patient's health care facility unless they are related to the patient by blood, marriage or adoption.

If the family contests a patient's living will, Mr. Snee said the decision is left to the doctor. If only one person contests, such as a spouse, legally, the patient's adult children or other interested parties can go to court to get an injunction to force the doctor to administer the terms of the living will.

The living will, like all wills, is only valid if the patient signs it voluntarily and if the person is of sound mind.

The will, although it can be revoked at any time the patient wants, does not expire unless the patient sets an expiration date. Patients also have the right to decide their own health care as long they are able to do so.

Mr. Snee said that although a person can videotape the reading and signing of the will, "Unless you put [your will] down on paper, it's not going to be recognized as a will in Oregon, anyway. If you record yourself looking into the camera, that would not be recognized as a valid will."

The National Right To Life organization offers a "Will to Live," which is custom designed for each state and is available on its website or at the national headquarters in Washington, D.C.







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