In the aftermath of the Schiavo political circus and travesty, I looked into creating a Living Will. As a woman of child-bearing age, I found that it may not be possible for me to take advantage of the medical care protections afforded to other adults in this country.
This leads to two important questions. Number 1:
Q: If you became vegetative today, would you be allowed to choose a dignified end?
If you don't know the answer to that question, you may find that a Living Will/Advanced Medical Directive/Health Care Proxy/Whatever your state calls it, combined with conferring Durable Power of Attorney on someone you trust to make the best medical decisions for you, will go a long way toward ensuring the right to experience dignity in the final phase of life.
Unless...
Number 2:
Q:If you fall into a coma, will you be given medical treatment that could make the difference between recovery and a slide into persistent vegetative state?
Once again, a Living Will/whatever, combined with conferring Durable Power of Attorney on someone you trust to make the best medical decisions for you, could go a long way toward ensuring the proper medical care for you.
Unless ... unless you are pregnant.
Even with a Living Will/whatever and Durable Power of Attorney, if you are at any stage of pregnancy, the answer to both questions may be a resounding NO.
In many states, the fetus takes precedence over the mother. If you are in any stage of pregnancy, your Living Will could be as invalid as if you had never written it.
If you are in a coma, instead of a vegetative state, an abortion could be the key to bringing you out of the coma. But in some states, it's preferred that you remain comatose, and maybe die or slide into a persistent vegetative state as a result, so the fetus you may not even know exists can probably die anyway, but later.
If you are pregnant, no matter who you are, no matter what good you may have brought to this world, no matter your wishes, no matter the impact on your family, you are an afterthought.
In most states, if you are pregnant, the "culture of life" does not include your life beyond the extent to which your mechanically-supported body can be used for breeding. If you are in a coma, your potential recovery must be sacrificed so that the breeding function can continue. If you are vegetative, you are not worthy of a dignified end until the breeding function ends.
From
http://www.last-rights.com/stories/will.html
Below is a list of what these directives are called in each state and various requirements for witnesses and notarization. (Even in states where witnesses are not specifically required, it's a good idea to have witnesses sign these documents.)
- Alabama: Advance directive for health care (both living will and health care proxy are included on form) needs two witnesses. Not valid if pregnant.
- Alaska: Declaration (living will) needs no witnesses. Health care proxy needs two witnesses but allows only general medical decisions to be made.
- Arizona: Living will needs a witness and notary. Health care power of attorney (proxy) needs a witness and a notary.
- Arkansas: Declaration (both living will and health care proxy are included on form) needs two witnesses. Not valid if pregnant.
- California: Declaration (living will) needs two witnesses and not valid if pregnant. Durable power of attorney for health care (proxy) needs two witnesses or a notary.
- Colorado: Declaration as to medical or surgical treatment (living will) needs two witnesses and not valid if pregnant. Medical durable power of attorney for health care (proxy) needs no witnesses nor notary.
- Connecticut: Health care instructions (contains both living will and health care proxy) needs two witnesses, whose signatures should be notarized. Not valid if pregnant. Appointment of attorney-in-fact for health care decisions (proxy) must be notarized.
- Delaware: Advance directive (contains both living will and health care proxy on form) needs two witnesses.
- District of Columbia: Declaration (living will) needs two witnesses. Power of attorney for health care (proxy) needs two witnesses.
- Florida: Living will needs two witnesses. Designation of health care surrogate (proxy) needs two witnesses.
- Georgia: Living will needs two witnesses. Not valid if pregnant. Power of attorney (proxy) needs two witnesses.
- Hawaii: Declaration (living will) needs two witnesses and a notary. Not valid if pregnant. Durable power of attorney for health care decisions (proxy) needs two witnesses and a notary.
- Idaho: Living will needs two witnesses. Not valid if pregnant. Durable power of attorney for health care (proxy) needs two witnesses or a notary public.
- Illinois: Declaration (living will) needs two witnesses. Not valid if pregnant. Power of attorney for health care (proxy) needs one witness.
- Indiana: Living will, declaration A or B, needs two witnesses. Not valid if pregnant. Declaration B says you want all life-prolonging procedures. Power of attorney for health care decisions and appointment of health care representative (proxy) needs a notary.
- Iowa: Declaration (living will) needs two witnesses or notary. Not valid if pregnant. Power of attorney for health care (proxy) needs two witnesses or notary.
- Kansas: Declaration (living will) needs two witnesses or a notary.
- Kentucky: Advance directive, section 2 (living will), needs two witnesses or notary. Not valid if pregnant. Section 1 (proxy) needs two witnesses.
- Louisiana: Declaration (both living will and health care proxy included on same form) needs two witnesses.
- Maine: Advance directive, Section II (living will), requires two witnesses. Section I (proxy) needs two witnesses.
- Maryland: Advance medical directive health care instructions (living will) requires two witnesses. Appointment of health care agent (proxy) needs two witnesses.
- Massachusetts: The state has no living will. Health care proxy needs two witnesses.
- Michigan: The state has no living will. Designation of patient advocate for health care (proxy) needs two witnesses.
- Minnesota: Health care living will needs a notary or two witnesses. May not be valid if pregnant. Durable power of attorney for health care (proxy) needs two witnesses or a notary.
- Mississippi: Advance health care directive (living will and health care proxy included on same form) needs a notary or two witnesses.
- Missouri: Declaration (living will) needs two witnesses. Not valid if pregnant. Durable power of attorney for health care (proxy) needs a notary or two witnesses.
- Montana: Declaration (living will) needs two witnesses.
- Nebraska: Declaration (living will) needs two witnesses or a notary.
- Nevada: Declaration (living will) needs two witnesses. Durable power of attorney for health care decisions (proxy) needs a notary or two witnesses.
- New Hampshire: Declaration (living will) needs a notary or a justice of the peace and two witnesses. Durable power of attorney for health care (healthy care proxy) needs a notary public or justice of the peace or two witnesses.
- New Jersey: Instruction directive (living will) needs two witnesses or a notary public or to be signed in front of a lawyer. Appointment of a health care representative (proxy) needs two witnesses or a notary or to be signed in front of a lawyer.
- New Mexico: Instructions for health care (living will) requires no witnesses. Power of attorney for health care (proxy) requires no witnesses.
- New York: Living will requires no witnesses, although they are recommended. Health care proxy needs two witnesses.
- North Carolina: Declaration of desire for a natural death (living will) needs two witnesses and a notary public. Health care power of attorney (proxy) needs two witnesses and a notary.
- North Dakota: Declaration (living will) needs two witnesses. Not valid if pregnant. Durable power of attorney for health care (proxy) needs two witnesses.
- Ohio: Living will needs a notary or two witnesses. Not valid if pregnant unless doctors say pregnancy won't result in a live birth. Durable power of attorney for health care (proxy) needs a notary or two witnesses.
- Oklahoma: Living will needs two witnesses. Not valid if pregnant. Appointment of health care proxy needs two witnesses.
- Oregon: Health care instruction (living will) needs two witnesses. Health care representative appointment (proxy) needs two witnesses.
- Pennsylvania: Declaration (living will) needs two witnesses. Not valid if pregnant. Appointment of a surrogate decision maker (proxy) is part of the declaration.
- Rhode Island: Declaration (living will) needs two witnesses. Not honored for pregnant women if fetus could develop enough for a live birth. Durable power of attorney for health care (proxy) needs two witnesses.
- South Carolina: Declaration of desire for a natural death (living will) requires two witnesses plus a notary. Health care power of attorney requires two witnesses.
- South Dakota: Living will declaration requires two witnesses. Not valid if pregnant. Durable power of attorney for health care (proxy) needs two witnesses or a notary.
- Tennessee: Living will requires two witnesses. Durable power of attorney for health care (proxy) needs two witnesses. A notary is optional.
- Texas: Directive to physicians (living will) needs two witnesses. Not valid if pregnant. Durable power of attorney for health care (proxy) requires two witnesses.
- Utah: Utah directive to physicians and providers of medical services (living will) requires two witnesses. Not valid if pregnant. Utah special power of attorney (proxy) needs notary.
- Vermont: Terminal care document (living will) needs two witnesses. Durable power of attorney for health care (proxy) requires two witnesses.
- Virginia: Advance medical directive (both living will and health care proxy) requires two witnesses.
- Washington: Health care directive (living will) requires two witnesses. Not valid if pregnant. Durable power of attorney for health care (proxy) requires no witnesses, although they are recommended.
- West Virginia: Living will requires two witnesses and a notary. Medical power of attorney for health care (proxy) also requires two witnesses and a notary.
- Wisconsin: Declaration to physicians (living will) needs two witnesses. Not valid if pregnant. Power of attorney for health care (proxy) requires two witnesses.
- Wyoming: Declaration (living will) requires two witnesses. Not valid if pregnant. Durable power of attorney for health care (proxy) requires two witnesses and a notary.
Exceptions:
- Some states also require an ombudsman to sign the form if the patient is in a hospital or health care facility. That's to protect the patient from overbearing relatives.
Most states won't let a pregnant woman be taken off life support. Other states don't address the issue with legislation. Some allow women to say on their living wills that they don't want life support if pregnant (Arizona, Maryland, New Jersey). Four states allow a health care proxy to withdraw life support if the patient is pregnant (Florida, Maryland, New Jersey and Wisconsin)
Notes:
- *According to: The National Cervical Cancer Coalition Choice in Dying, Inc., the organization that compiled the above list was dissolved in year 2000, and its assets and programs were assigned to "Partnership for Caring: America's Voices for the Dying."
I tried the partnership for caring URL provided by the article cited above, and it doesn't work.
- This means that the list was created in 2000 or earlier.
State laws may have changed since then - most likely for the worse.
In most states in our country, when faced with a catastrophic event, men and non-pregnant women can receive appropriate medical care according to their wishes.
But the Reich Wing has ensured for pregnant women that they can receive only and exactly the care necessary for them to fulfill the role of brood mares, last wishes, potential for recovery, and human dignity be damned.
In their fear of death, the Reich Wing cannot accept death's presence in life, except when they are in control, as imposers of death-as-vengence for some real or perceived infraction against their so-called "moral" code.
And the results of their fears are being imposed upon us all in the aftermath of their slow, but successful coup against government of, by, and for the People.
Update [2005-3-23 15:37:51 by mataliandy]:
This
New York Newsday Article [scroll down] discusses a Supreme Court Case involving comatose, not brain-dead, woman whose husband sought, and was initially denied, an abortion to help her recover from coma. She did eventually recover.