Julia
In Memoriam
- Joined
- 10 May 2005
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In the matter of a will money rules, if your parent leaves the lot to a church and you are destitute you will challenge the will.
Pixel, thanks for your comments. At least in Queensland, the Advance Health Directive is a legally binding document, at least in the situation where there exists a terminal condition.I would go even one step further and compel medical practitioners to abide by instructions that a patient made and documented while still compos mentis. And that should include refusal of life-prolonging procedures as well as assistance with suffering-ending ones.
Why should any doctor have the right to play God and dictate to any other person against their rationally described wishes?Goes down to the paradox of personal choice vs holding someone's life to be invaluable and irreplaceable. Same reason why legalizing euthanasia is such a difficult debate.
I imagine it's difficult for a doctor to see someone willing to let go, no matter how sane/peaceful/content they seem, if there's another option. Especially if they've seen others live through said option and go on to live longer, happy lives.
Lindsay, as above. It is legally binding in Queensland. I don't know about other States.If I was the appointed advocate I would do all in my power to respect the persons wishes. The advanced care directive process is not a legal binding process persay.
How can any other person know better than the person himself/herself what is best for that person?The best chance of having the persons wishes respected is via an advocate who is right there and who knows what they want.
Can you express this differently? I don't actually understand what you're saying here.In a case like your mothers it is no surprise there were efforts to get a medical intervention happening. The role of the advocate in many cases is to stop invasive procedures when they are clearly not wanted...but still they come ( often).
Thank you. That at least makes sense.The advance care planning process is good in that it educates person and family about how to get wishes articulated and respected...if that is important for your family then it is good to do.
Why should any doctor have the right to play God and dictate to any other person against their rationally described wishes?
What is workable for one person will not be for someone else. Surely it's the individual's right to choose?
If I am rendered quadriplegic at an advanced age, why should anyone be able to tell me I am obliged to endure such misery if I prefer to die?
Not at all. Your contribution is appreciated.Didn't mean to offend. Sorry if I have.
Of course. That goes without saying, and emphasises the importance of having an Advance Health Directive which is a legally binding document when properly completed with the participation of the patient's doctor.I think the turning point of any of these arguments is rationality.
If that's how they feel, then yes, why would it not be? Only the individual himself/herself can know what is tolerable to them.Is it rational for a patient to refuse life saving treatment because they're not willing to lose a limb, lose reproductive ability, give up a lifestyle, etc?
What fear and pain? If there is a clear choice between two options - living in a state felt to be intolerable to the individual concerned, or accepting death after a life well lived, what is so unknown?And given the unknowns, the fear, the pain, it's not hard to imagine a doctor questioning a patients rationality in life-and-death decisions
They do not have a legal option in Qld if an Advance Health Directive has been properly completed and witnessed. Neither should they.and given they have a legal option of having someone else make an objective decision that they use that option sometimes.
If you consider you truly have such a right, I would strongly suggest you have the discussion with any family members to learn what their feelings are about the subject, and having done so, respect their decision.I've never been in a situation where a loved-one has had to make such life-changing/ending decisions, but I for one would use any legal avenue I had to overturn their decision if I believed, after knowing them for so long, that although they appeared rational, that they were not.
Pixel, thanks for your comments. At least in Queensland, the Advance Health Directive is a legally binding document, at least in the situation where there exists a terminal condition.
Why should any doctor have the right to play God and dictate to any other person against their rationally described wishes?
What is workable for one person will not be for someone else. Surely it's the individual's right to choose?
If I am rendered quadriplegic at an advanced age, why should anyone be able to tell me I am obliged to endure such misery if I prefer to die?
Lindsay, as above. It is legally binding in Queensland. I don't know about other States.
How can any other person know better than the person himself/herself what is best for that person?
It could be that a daughter or son had a longstanding grievance against a parent and relished the opportunity to make that parent suffer. Such a situation is much more common than you might imagine.
Can you express this differently? I don't actually understand what you're saying here.
I don't see the role of any advocate as other than supporting the wishes of the person whom they are representing.
Thank you. That at least makes sense.
If that's how they feel, then yes, why would it not be? Only the individual himself/herself can know what is tolerable to them.
I don't wish to be intrusive, Zedd, and don't answer the question if you don't want to, but are you perhaps guided by some either religious or other 'right to life at all costs' philosophy?
Hello lindsayf. Sorry if I've misunderstood what you were saying.Hi Julia
I obviously didnt express myself well. I suspect we fully agree.
I think you are confusing an Advance Health Directive with an Enduring Power of Attorney. They are quite separate documents and fulfil different, if complementary functions.The advocate is the person appointed under the advance care directive to advocate for the person if and when they no longer can do so for themselves( which is the whole point of the ACD process of course). That person is hopefully carefully selected so that they CAN be an effective advocate and will hopefully not be subject to family conflicts etc that you rightly say are quite common.
Yes, I know this happens, though not usually in the context of palliative care: rather where the patient is admitted to intensive care where their default mode is to use every possible method of prolonging life, often entirely contrary to the wishes of the patient.It isnt rare for invasive procedures to be suggested by doctors in the context of palliative care ( and even despite the existence of an ACD..at least in Vic/NSW)
Correct. And thus we can see the value of the person holding the position of Enduring Power of Attorney also having the AHD as proof of the patient's wishes.and this is a specific situation where the appointed advocate will be able to demand that the persons wishes are respected and refer the doctors to proof of the persons wishes etc.
Perfectly easily, Zedd. It ain't hard to imagine being in such a position and understanding with absolute clarity how one would feel about it.I would argue that in some circumstances the individual does not know when a future situation will be tolerable to them. How can someone possible know that living in a wheelchair, or having to wear a prosthesis, or wear a colonoscopy bag, or take a handful of drugs each day for the remainder of their life, or never being able to conceive, is intolerable?
Well, sorry, but you are, really. If you are going to want to override a perfectly sane person's decision about what they want because you think you know better, then you are in fact condemning them to something they have specifically said they do not want. I have no idea why you think that you should have such a right.I'm not suggesting they should have to try it to know for sure,
Why on earth not?but I don't think people's perception of some of these "disabilities" are accurate, even when given all the available information.
Well, in this discussion you are completely contradicting yourself if that's the case. See above.Not at all. In fact I'm a firm believer in euthanasia and the patient's ultimate right to choose.
No, of course I wasn't insulted. Offering me a choice about my mother's wishes is in no way insulting to me: quite the opposite.I suppose the reason for my first post was because you appeared to be insulted that the consultant presented you with a choice.
So, really you are not sure where you stand on this. That probably makes you typical of most of the population.I don't just think, but know from experience that I do know what's best for loved-ones in some circumstances, even if they can't see it for themselves at the time. I also know that others have been in similar situations for myself. But, I also hate the idea of not being able to decide for myself, even if it means letting me make my own mistakes...
And I truly thank you for your contribution which I recognise as being sincere, if ambivalent.I suppose I was just trying to grey the debate. It's certainly a tough issue.
Perfectly easily, Zedd. It ain't hard to imagine being in such a position and understanding with absolute clarity how one would feel about it.
I don't know how old you are? It's perhaps something which becomes very clear as one gets older, sees more of life, and has more personal insight than is possible at a young age.
I promise you those life experiences will be hugely more in another couple of decades.I'm 28, but my age is irrelevant in this, it's a question of life experiences and I've had my fair share.
Now you are being a bit silly, rather rude even.I had a whole page of examples and arguments but realised it was summarised well with this:
I'm colour-blind. Not completely, more in the sense that I see in 16-bit colour while the norm is 32-bit true colour. Can you imagine what that's like? Maybe. Understand it with absolute clarity?
It can be difficult sometimes to live with even such a minor "disability", but usually in ways people don't imagine, while other issues people think would be life-altering just aren't. The more time you spend with people who have disabilities, the more you come to understand what are and are not the real restrictions. In the same manner, doctors who spend their entire careers treating people's ailments will usually have a far better understanding (although still incomplete) of what life is like after some surgeries or treatments.
Ideally, everyone would understand this, and really, truly, take this into account when making their own personal decision. I don't think many people do appreciate this. Your statement above suggests you yourself do not comprehend your own lack of comprehension. If an individual fails to understand the reality of their situation then their ability for rational thought and self-determination is compromised no? Isn't that about when we take someone's legal rights away?
I'm very sorry to hear that, johenmo. A friend's mother was in a similar situation: completely demented for many years, no recognition of family etc. My friend frequently lamented that she was still here, but then completely contradicted herself every time mother had an infection, and insisted an ambulance be called, mother taken to hospital for every conceivable life saving measure. Meantime, she and her sister spent hours at the nursing home each day virtually forcing food down the mother's throat and even trying to persuade the GP and the nursing home staff that mother should have a feeding tube inserted to counter her refusal to eat.Julia & Zedd - my mother is 82, in care with Alzheimer's & has noooooooo idea of who we are. As an educator she said years ago that one of her fears was losing her faculties & she'd rather be dead than like a zombie. Unfortunately she is in good health & looks to be set to continue like this for some time. She put nothing in place to stop treatment etc.
Yes, you're right, as the anecdote above. So selfish, cruel really.My mother's condition has led me to think deeply on this topic - if someone can't make a decision themselves then how often are they "kept alive" so the relatives don't have to suffer the loss?
Hopefully at some stage Australia will become similarly enlightenedMy brother is in the same state of Australia as her & has done all the looking after... & he & his wife have agreed to take the other one overseas to Switzerland or wherever should the same situation arise. Like Dr John Elliot did in 2007.
Agree absolutely.If we can't respect the wishes (made with sufficient (mental) acuity) of someone in their hour of need then shame on us & our society.
To compare the situation of an otherwise healthy young person who has a minor colour disability with that of an 80 year old with multiple comorbidities makes no sense.
There's actually laws around what you have to leave those who can claim they are entitled to benefit from your estate. For instance, all things being equal, you can't leave one child $1m and the other child a ham sandwich, even if he/she hasn't spoken to you in 20 years.
Not offering an opinion as to whether that is right or wrong.
This is where careful wording of the Will is necessary. If the Will includes clearly described reasons why potential challengers should not receive a benefit, that will make a successful challenge much more difficult.1) I personally think that this is wrong.
No. AFAIK the estate is distributed amongst any children, if no children, then siblings and/or other relatives like cousins. If no such people exist, then I don't know: probably then goes to the State.2) Does the Government automatically get a deceased estate is someone passes away without a will (and without a partner, ie; just kids left behind)
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