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Should You Have a Living Will? A Christian Lawyer's Perspective
Stephen Bloom, Esq.
Author, The Believer's Guide to Legal Issues
You shall not murder.—Exodus 20:13
Rise in the presence of the aged, show respect for the elderly and revere your God. I am the LORD.—Leviticus 19:32
Do not cast me away when I am old; do not forsake me when my strength is gone.—Psalm 71:9
Yet I am always with you; you hold me by my right hand. You guide me with your counsel, and afterward you will take me into glory.
—Psalm 73:23–24
As a father has compassion on his children, so the LORD has compassion on those who fear him; for he knows how we are formed, he remembers that we are dust. As for man, his days are like grass, he flourishes like a flower of the field; the wind blows over it and it is gone, and its place remembers it no more. But from everlasting to everlasting the LORD’s love is with those who fear him, and his righteousness with their children’s children—with those who keep his covenant and remember to obey his precepts.—Psalm 103:13–18
Practical Counsel
Living wills are documents specifically designed to express our wishes and desires for health care treatment in the event we can no longer communicate for ourselves and we have deteriorated into a terminal condition of permanent unconsciousness (often referred to as a “persistent vegetative state”).
Sometimes, you will hear living wills called “advance directives,” and the terms are synonymous.
Each state has its own laws about living wills, so some of the particulars will vary from state to state, such as exactly how we are to define “permanent unconsciousness.” Now and then, certain court cases make headlines as families and other interested parties wrangle over the precise meanings of some of the key terms. But, as a whole, living wills are quite commonly utilized, usually without incident or dispute.
Before addressing the concerns I have as a Christian attorney with respect to living wills and their uses and possible misuses, let me very quickly discuss the background of how the living will arose. As medical science advanced in the last century, our society experienced a new phenomenon for the first time—individuals with normally fatal injuries and illnesses could sometimes be kept physically alive with the assistance of technology. But if the technology were removed or withdrawn, these individuals would quickly die.
Most Recent User Comments
doctordavidfisher
9/20/2008 3:06 PM
As a Christian physician, I was disappointed by this article, though it does contain some helpful information. "Living will" and "advance directive" are NOT synonymous. Advance directives are written documents that allow patients to give instructions about their future health care if they are not able to express themselves. Living wills are one type of advance directive, and I agree that they have some problems. A more useful type of advance directive is the Durable Power of Attorney for Healthcare. This document allows you to choose one person to make health care decisions on your behalf if you are not able to express yourself. Choosing someone who understands your wishes is the best way to ensure that your wishes will be followed in the event of a health crisis. This person has the legal right to request or refuse any service, procedure, or approach, as if they were speaking your very words. Everyone should have a Power of Attorney for Healthcare. David Fisher, MD
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