Many will remember the Terri Schiavo case where the debate was whether a woman in a persistent vegitative state could be disconnected from life support without a specific written directive on file saying to do so. Now, the New York Legislature is trying to avoid that situation with the Family Health Care Decisions Act which, in the absence of a written directive to the contrary, will allow family members to make health care decisions, including the withdrawal of life sustaning treatment, even without the patient having prepared any advance directives. The Governor is on the verge of signing this into law. His press release is here: http://www.ny.gov/governor/press/press_02241003.html
The long and short? If you don't want your family making decisions that you might not have agreed with, have your wishes in writing ahead of time via a straight forward Health Care Declaration/Living Will/D.N.R. It is a simple document to have prepared and it not only will ensure your wishes are followed but will take the pressure off those you leave behind to have to make those decisions.
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This blog is posted by Greg Mattacola of The Mattacola Law Firm, located in Rome, New York and serving clients across New York State. This blog shares our thoughts on the law, our strong promotion of a fulfilled life and a deep caring for our community.
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