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What Religious Liberty?
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Living Will or Death Warrant? In the wake of the Terri Schiavo case there is much talk about the need for a living will. The subject is more complicated than appears at first sight. Not all living wills are created equal. Here are some considerations for those interested in signing a living will. There are certain moral elements that are required in every living will. Pope John Paul II said that life is a gift from God. We are not its owners but its responsible administrators. The document should reflect the morality of taking reasonable care of our lives. One of its essential provisions of a living will should be that nutrition and hydration should never be eliminated unless the body is no longer capable of assimilating food and drink. In this connection Pope John Paul II has taught: “I should like particularly to underline how the administration of water and food, even when provided by artificial means, always represents a natural means of preserving life, not a medical act. Its use, furthermore, should be considered, in principle, ordinary and proportionate, and as such morally obligatory….” A second statement that should be in every living will is a statement with respect to medication for pain. A possible expression of this might be: “I would like medication to relieve my pain but only to the extent it is known, to a reasonable medical certainty, that it will not shorten my life.” The reason for this is that pain relievers may be given in such excessive doses that they actually cause death. Indeed this may be the aim of the medical personnel who administer it if they deem your life not worth living. A third part of every living will should be a sentence like this: “I request and direct that medical treatment and care be provided to me to preserve my life without discrimination based on my age or physical or mental disability or the ‘quality’ of my life. I reject any action or omission that is intended to cause or hasten my death.” There should always be a bias toward life. Many who have signed living will instruments have unknowingly chosen death. If a living will contains a provision to “avoid extraordinary measures” this may be interpreted to mean not using a feeding tube. Some living wills have “Do Not Resuscitate” clauses if recovery of consciousness would leave the patient in a deteriorated condition. These are dangerous because a doctor might fail to resuscitate someone who would be confined to a wheelchair afterward even though in every other respect the patient would lead a normal life. There are other words and phrases that should be avoided in a living will because of the possibility of misinterpretation. Here is a short list: Artificial means: These may include food and water, the most basic necessities of life. There is nothing artificial about food and water. There is nothing wrong with being artificial. The word means “made by human skill and labor.” Why should we not use human talents to preserve God’s precious gift of life? Anybody who brings up an infant uses artificial nutrition and hydration if a spoon is used to introduce food into the child. Providing food and water through a nasogastric tube is not an artificial life-sustaining treatment. Removing the tube results in death from dehydration and starvation and is not natural or humane. Benefit: Someone may decide that ultimate benefit for you is death by euthanasia. Benefit can be used as a substitute for quality of life. Brain death: The definition of death used to be cardiopulmonary arrest. Death ought not to be declared unless and until there is destruction of the entire brain and of the respiratory and circulatory systems as well. Care appropriate to my condition: Who makes the judgment as to what is appropriate? Some may judge the treatment appropriate according to your “quality of life,” the number of your birthdays, the thickness of your wallet, or the extent of your insurance coverage. CPR: If you would like cardiopulmonary resuscitation (CPR) in some but not all circumstances when you are terminally ill, you need to be specific. You might write, “No CPR if cardiopulmonary arrest has been caused by my terminal illness or a complication of it.” That means that you would still get CPR if you are a victim of smoke inhalation as in a fire. Does not offer a reasonable hope of benefit: Someone may interpret this to mean that you do not wish to be resuscitated if you would have to live with some disability. Excessive pain, expense or other excessive burden: The meaning of these things may be different from what you intend. Extraordinary treatment: Some may regard a feeding tube as extraordinary. “Extraordinary” is a slippery word. Futile treatment: The more frequent situation is not futile treatment but being denied vital care. Heroic measures: What are these? Heroic could vary in meaning according to which hero applied the treatment. What is now considered heroic might become commonplace in the lifetime of the one who signs a living will Hopelessly ill: Hopelessness cannot be known with certainty. Many persons are still alive after being given six months to live. Incurable condition/irreversible coma: Who makes this judgment? Some people after many years do sometimes awake from a coma. Inevitable and imminent death: Death is always inevitable because we are born with a terminal condition. Always state parameters such as “within 24 hours.” Without such specification “imminent” is meaningless. Life-sustaining treatment: Rejecting life-sustaining treatment can mean that food and water can be withdrawn and therefore death to those with living wills. Natural death/prolong dying: The only unnatural death is murder, such as euthanasia and suicide (self-murder). Prolonging dying is the central mission of medicine. Reasonable hope: Who determines this? Respirator: The term “respirator” gives the impression that it is the machine and not the patient that is doing the breathing. Some people refer to persons on a respirator as “oxygenated corpses” as if the truly dead could breathe. Terminal illness: This is so medically inexact as to be meaningless. Man is terminal from conception. Living wills have failed practically and morally. There are several living will types with which I am familiar: The Living Will, The Christian Affirmation of Life, and the Five Wishes. None of these possesses all the moral requirements of a living will: a bias toward life irrespective of the quality of that life, an insistence on nutrition and hydration until these become impossible, provisions against deliberately hastening the dying process, and unambiguous language. There is only one with which I am acquainted that meets all the qualities and still leaves room for the patient’s wishes in special considerations and that is The Will to Live. The form tailored for the State of Texas can be obtained from Will to Live Project It is also available on the web at http://www.nrlc.org/euthanasia/willtolive/StatesList.html. On that page click on Texas and the Texas Will to Live Form will be available in pdf format which may be downloaded or printed. Paul said, “For if we live, we live for the Lord, and if we die, we die for the Lord; so then, whether we live or die, we are the Lord’s.” (Rom. 14:8) So in preparing for death keep his law in mind especially since you will meet him immediately after death.
(Published May, 2005)
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