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Terry Schiavo


Do you think that the Legislature has the right to pass a bill to replace Miss Schiavo's feeding tube  

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    • yes
      18
    • no
      67
    • not sure
      7


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Anyway, does anyone believe this is really about Terri anymore? Terri's gone...all that's left is the shell she once inhabited. This is about those she left behind.

No it's a case where the politicians and the Christian whack jobs (I'm a churchgoer so don't anyone start in on me about bashing Christianity....I'm just complaining about those who abuse the word of God and corrupt it for personal gain or who are just plain nuts) are using this case simply for their own personal benefit, which is sick, wrong and the most devilish of behaviors. You can't force your religious beliefs upon anyone else (no matter what the President or anyone else says) and especially not when it is a matter of health care decision making.

I hope all those who have misused Mrs. Schiavo burn in Hell for all eternity for their misdeeds and their corruption of the teachings to which they claim to subscribe.

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I'm going to get a good wording for a posting on the subjects of Advanced Directives, which clearly defines, in advance, what a person would want, should they become like Terri, and "Power of Attorney," which is designating someone to speak for a person who becomes similar to her, again, designated in advance. My mother is a big proponent of these, so I'll basically be quoting her.

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I hope all those who have misused Mrs. Schiavo burn in Hell for all eternity for their misdeeds and their corruption of the teachings to which they claim to subscribe.

Yes Stephen, you do certainly sound like a good Christian, so I wouldn't doubt for a minute you meant anything derogatory when you mentioned those "Christian whack jobs" It is so perfectly clear what you meant :shock:

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Just tossing my 2 cents in. :lol:

It's the guardian's voice who should be listened to, not the courts or the parents. She obviously trusted him to follow her wishes or the husband wouldn't be in that position.

Also about the 1 Million dollar judgement, 700,000 of that was set aside to pay for her medical expenses. Keeping in mind the length of time she's been in that "state" I highly doubt there is anyting left of it.

Finally I concur with usafmedic45 about the stupidity of emtizzle's post.

Ha gave you 3 cents instead of 2, where's my change?

I agree with you 100%

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From website http://nyshca.org/NYProxyLaw.html

New York Society Healthcare Consumer Advocacy

HomeContact NYSHCAMembersEventsLinksNY State's Proxy LawPatients' Bill of RightsLetter from the PresidentJob Openings

New York State's Healthcare Proxy Law

A New Law Gives Patients the Power

A new law called the New York Healthcare Proxy law allows you to appoint someone you trust---for example, a family member or close friend--to decide about treatment if you lose the ability to decide for yourself. You can do this by using a form called a Healthcare Proxy (for a printable version, click here).

This law gives you the power to make sure that healthcare professionals follow your wishes. Your agent can also decide how your wishes apply as your medical condition changes. Hospitals, doctors and other healthcare providers must follow your agent's decisions as if they were your own.

You can give the person you select, your healthcare agent, as little or as much authority as you want. You can allow your agent to decide about all healthcare or only certain treatments. You may also give your agent instructions that he or she has to follow.

Why Should I Choose a Healthcare Agent?

If you become unable, even temporarily, to make health care decisions, someone else must decide for you. Health care providers often look to family members for guidance. Family members may express what they think your wishes are related to a particular treatment. However, in New York State, only a health care agent you appoint has the legal authority to make treatment decisions if you are unable to decide for yourself. Appointing an agent lets you control your medical treatment by:

allowing your agent to make health care decisions on your behalf as you would want them decided;

choosing one person to make health care decisions because you think that person would make the best decisions;

choosing one person to avoid conflict or confusion among family members and/or significant others. You may also appoint an alternate agent to take over if your first choice cannot make decisions for you.

Who can be a health care agent?

Anyone 18 years of age or older can be a health care agent. The person you are appointing as your agent or your alternate agent cannot sign as a witness on your Health Care Proxy form.

How Can I Appoint a Health Care Agent?

All competent adults, 18 years of age or older, can appoint a health care agent by signing a form called a Health Care Proxy. You don’t need a lawyer or a notary, just two adult witnesses. Your agent cannot sign as a witness. You can use the form here, but you don't have to.

When would my health care agent begin to make health care decisions for me?

Your health care agent would begin to make health care decisions after your doctor decides that you are not able to make your own health care decisions. As long as you are able to make health care decisions for yourself, you will have the right to do so.

What decisions can my healthcare agent make?

Unless you limit your health care agent’s authority, your agent will be able to make any health care decision that you could have made if you were able to decide for yourself. Your agent can agree that you should receive treatment, choose among different treatments and decide that treatments should not be provided, in accordance with your wishes and interests. However, your agent can only make decisions about artificial nutrition and hydration (nourishment and water provided by feeding tube or intravenous line) if he or she knows your wishes from what you have said or what you have written. The Health Care Proxy form does not give your agent the power to make non-health care decisions for you, such as financial decisions.

Why do I need to appoint a health care agent if I’m young and healthy?

Appointing a health care agent is a good idea even though you are not elderly or terminally ill. A health care agent can act on your behalf if you become even temporarily unable to make your own health care decisions (such as might occur if you are under general anesthesia or have become comatose because of an accident). When you again become able to make your own health care decisions, your health care agent will no longer be authorized to act.

How will my healthcare agent make decisions?

You can write instructions on the proxy form. Your agent must follow your oral and written instructions. As well as your moral and religious beliefs. If your agent does not know your wishes or beliefs, your agent is legally required to act in your best interests.

How will my health care agent know my wishes?

Having an open and frank discussion about your wishes with your health care agent will put him or her in a better position to serve your interests. If your agent does not know your wishes or beliefs, your agent is legally required to act in your best interest. Because this is a major responsibility for the person you appoint as your health care agent, you should have a discussion with the person about what types of treatments you would or would not want under different types of circumstances, such as:

whether you would want life support initiated/continued/removed if you are in a permanent coma;

whether you would want treatments initiated/continued/removed if you have a terminal illness;

whether you would want artificial nutrition and hydration initiated/withheld or continued or withdrawn and under what types of circumstances.

Can my health care agent overrule my wishes or prior treatment instructions?

No. Your agent is obligated to make decisions based on your wishes. If you clearly expressed particular wishes, or gave particular treatment instructions, your agent has a duty to follow those wishes or instructions unless he or she has a good faith basis for believing that your wishes changed or do not apply to the circumstances.

Who will pay attention to my agent?

All hospitals, nursing homes, doctors and other health care providers are legally required to provide your health care agent with the same information that would be provided to you and to honor the decisions by your agent as if they were made by you. If a hospital or nursing home objects to some treatment options (such as removing certain treatment) they must tell you or your agent BEFORE or upon admission, if reasonably possible.

What if my healthcare agent is not available when decisions must be made?

You may appoint an alternate agent to decide for you if your health care agent is unavailable, unable or unwilling to act when decisions must be made. Otherwise, health care providers will make health care decisions for you that follow instructions you gave while you were still able to do so. Any instructions that you write on your Health Care Proxy form will guide health care providers under these circumstances.

What if I change my mind?

It is easy to cancel your Health Care Proxy, to change the person you have chosen as your health care agent or to change any instructions or limitations you have included on the form. Simply fill out a new form. In addition, you may indicate that your Health Care Proxy expires on a specified date or if certain events occur. Otherwise, the Health Care Proxy will be valid indefinitely. If you choose your spouse as your health care agent or as your alternate, and you get divorced or legally separated, the appointment is automatically cancelled. However, if you would like your former spouse to remain your agent, you may note this on your current form and date it or complete a new form naming your former spouse.

Can my healthcare agent be legally liable for decisions made on my behalf?

No. Your health care agent will not be liable for health care decisions made in good faith on your behalf. Also, he or she cannot be held liable for costs of your care, just because he or she is your agent.

Is a healthcare proxy the same as a living will?

No. A living will is a document that provides specific instructions about health care decisions. You may put such instructions on your Health Care Proxy form. The Health Care Proxy allows you to choose someone you trust to make health care decisions on your behalf. Unlike a living will, a Health Care Proxy does not require that you know in advance all the decisions that may arise. Instead, your health care agent can interpret your wishes as medical circumstances change and can make decisions you could not have known would have to be made.

In contrast, the healthcare proxy allows you to choose someone you trust to make treatment decisions on your behalf. Unlike a living will, a healthcare proxy does not require that you know in advance all the decisions that may arise. Instead, your healthcare agent can interpret your wishes as medical circumstances change and can make decisions you could not have know would have to be made. The healthcare proxy is just as useful for decisions to receive treatment as it is for decisions to stop treatment. If you complete a healthcare proxy form, but also have a living will, the living will provides instructions for your healthcare agent, and will guide his or her decisions.

Where should I keep the proxy form after it is signed?

Give a copy to your agent, your doctor, your attorney and any other family members or close friends you want. Keep a copy in your wallet or purse or with other important papers, but not in a location where no one can access it, like a safe deposit box. Bring a copy if you are admitted to the hospital, even for minor surgery, or if you undergo outpatient surgery.

May I use the Health Care Proxy form to express my wishes about organ and/or tissue donation?

Yes. Use the optional organ and tissue donation section on the Health Care Proxy form and be sure to have the section witnessed by two people. You may specify that your organs and/or tissues be used for transplantation, research or educational purposes. Any limitation( s) associated with your wishes should be noted in this section of the proxy.

Failure to include your wishes and instructions on your Health Care Proxy form will not be taken to mean that you do not want to be an organ and/or tissue donor.

Can my health care agent make decisions for me about organ and/or tissue donation?

No. The power of a health care agent to make health care decisions on your behalf ends upon your death. Noting your wishes on your Health Care Proxy form allows you to clearly state your wishes about organ and tissue donation

Who can consent to a donation if I choose not to state my wishes at this time?

It is important to note your wishes about organ and/or tissue donation so that family members who will be approached about donation are aware of your wishes. However, New York Law provides a list of individuals who are authorized to consent to organ and/or tissue donation on your behalf. They are listed in order of priority: your spouse, a son or daughter 18 years of age or older, either of your parents, a brother or sister 18 years of age or older, a guardian appointed by a court prior to the donor’s death, or any other legally authorized person.

Appointing a healthcare agent is a serious decision. Make sure you talk about it with your family, close friends, and your doctor. Do it in advance, not just when you are planning to enter the hospital.

About the Healthcare Proxy Form

This is an important legal document. Before signing, you should understand the following facts:

This form gives the person you choose as your agent the authority to make all health care decisions for you, including the decision to remove or provide life-sustaining treatment, unless you say otherwise in this form. “Health care” means any treatment, service or procedure to diagnose or treat your physical or mental condition.

Unless your agent reasonably knows your wishes about artificial nutrition and hydration (nourishment and water provided by a feeding tube or intravenous line), he or she will not be allowed to refuse or consent to those measures for you.

Your agent will start making decisions for you when your doctor determines that you are not able to make health care decisions for yourself.

You may write on this form examples of the types of treatments that you would not desire and/or those treatments that you want to make sure you receive. The instructions may be used to limit the decision-making power of the agent. Your agent must follow your instructions when making decisions for you.

You do not need a lawyer to fill out this form.

You may choose any adult (18 years of age or older), including a family member or close friend, to be your agent. If you select a doctor as your agent, he or she will have to choose between acting as your agent or as your attending doctor because a doctor cannot do both at the same time. Also, if you are a patient or resident of a hospital, nursing home or mental hygiene facility, there are special restrictions about naming someone who works for that facility as your agent. Ask staff at the facility to explain those restrictions.

Before appointing someone as your health care agent, discuss it with him or her to make sure that he or she is willing to act as your agent. Tell the person you choose that he or she will be your health care agent. Discuss your health care wishes and this form with your agent. Be sure to give him or her a signed copy. Your agent cannot be sued for health care decisions made in good faith.

If you have named your spouse as your health care agent and you later become divorced or legally separated, your former spouse can no longer be your agent by law, unless you state otherwise. If you would like your former spouse to remain your agent, you may note this on your current form and date it or complete a new form naming your former spouse.

Even though you have signed this form, you have the right to make health care decisions for yourself as long as you are able to do so, and treatment cannot be given to you or stopped if you object, nor will your agent have any power to object.

You may cancel the authority given to your agent by telling him or her or your health care provider orally or in writing.

Appointing a health care agent is voluntary. No one can require you to appoint one.

You may express your wishes or instructions regarding organ and/or tissue donation on this form.

You may write on this form any information about treatment that you do not desire and/or those treatments that you want to make sure you receive. Your agent must follow your instructions (oral and written) when making decisions for you. If you want to give your agent written instructions, do so right on the form. For example, you could say:

If I become terminally ill, I do/don't want to receive the following treatments:...

If I am in a coma or unconscious, with no hope of recovery, then I do/don't want...

If I have brain damage or a brain disease that makes me unable to recognize people or speak and there is no hope that my condition will improve, I do/don't want...

I have discussed with my agent my wishes about _________________________ and I want my agent to make all decisions about these measures.

Examples of medical treatments about which you may wish to give your agent special instructions are listed below. This is not a complete list of the treatments about which you may leave instructions.

artificial respiration

artificial nutrition and hydration (nourishment and water provided by feeding tubes

cardiopulmonary resuscitation (CPR)

antipsychotic medication

electric shock therapy

antibiotics

psychosurgery

dialysis

transplantation

blood transfusions

abortion

sterilization

Talk about choosing an agent with your family and/or close friends. You should discuss this form with a doctor or another healthcare professional, such as a nurse or social worker, before you sign it to make sure that you understand the types of decisions that may be made for you. You may also wish to give your doctor a signed copy. You do not need a lawyer to fill out this form.

You can choose any adult (over Eighteen), including a family member, or close friend, to be your agent. If you select a doctor as your agent, he or she may have to choose between acting as your agent or as your attending doctor; a physician cannot do both at the same time. Also, if you are a patient or resident of a hospital, nursing home or mental hygiene facility, there are special restrictions bout naming someone who works for that facility as your agent. You should ask staff at the facility to explain those restrictions.

You should tell the person you choose that he or she will be your healthcare agent. You should discuss your healthcare wishes and this form with your agent. Be sure to give him or her a signed copy. Your agent cannot be sued for healthcare decisions made in good faith.

Even after you have signed this form, you have the right to make healthcare decisions for yourself as long as you are able to do so, and treatment cannot be given to you or stopped if you object. You can cancel the control given to your agent by telling him or her or your healthcare provider orally or in writing.

Filling Out the Proxy Form

Item(1)

Write your name and the name, home address and telephone number of the person you are selecting as your agent.

Item(2) If you have special instructions for your agent, you should write them here. Also, if you wish to limit your agent's authority in any way, you should say so here. If you do not state any limitations, your agent will be allowed to make all healthcare decisions that you could have made, including the decision to consent to or refuse life-sustaining treatment

Item(3) You may write the name, home address and telephone number of an alternate agent.

Item(4) This form will remain valid indefinitely unless you set an expiration date or condition for its expiration. This section is optional and should be filled in only if you want the health care proxy to expire.

Item(5) You must date and sign the proxy.* If you are unable to sign yourself, you may direct someone else to sign in your presence. Be sure to include your address.

Item(6) You may state wishes or instructions about organ and/or tissue donation on this form. A health care agent cannot make a decision about organ and/or tissue donation because the agent’s authority ends upon your death. The law does provide for certain individuals in order of priority to consent to an organ and/or tissue donation on your behalf: your spouse, a son or daughter 18 years of age or older, either of your parents, a brother or sister 18 years of age or older, a guardian appointed by a court prior to the donor’s death, or any other legally authorized person.

Item(7) Two witnesses 18 years of age or older must sign this Health Care Proxy form. The person who is appointed your agent or alternate agent cannot sign as a witness.

*The Healthcare Proxy Law takes effect January 1991; forms signed before that date are valid.

Two witnesses at least 18 years of age must sign your proxy. The person who is appointed agent or alternate agent cannot sign as a witness.

Healthcare Proxy Form

Item 1 (1) __________________________________________________________________________

hereby appoint

_______________________________________________________________________

(name, home address and telephone number)

________________________________________________________________________

________________________________________________________________________

as my health care agent to make any and all health care decisions for me, except to the extent

that I state otherwise. This proxy shall take effect only when and if I become unable to make my

own health care decisions.

Item 2

Optional: Alternate Agent

If the person I appoint is unable, unwilling or unavailable to act as my health care agent,

I hereby appoint

________________________________________________________________________

(name, home address and telephone number)

________________________________________________________________________

________________________________________________________________________

as my health care agent to make any and all health care decisions for me, except to the extent that I state otherwise.

(Unless your agent knows your wishes about artificial nutrition and hydration (feeding tubes), your agent will not be allowed to make decisions about artificial nutrition and hydration. See above samples of language you could use.)

Item 3

Unless I revoke it or state an expiration date or circumstances under which it will expire, this

proxy shall remain in effect indefinitely. (Optional: If you want this proxy to expire, state

the date or conditions here.) This proxy shall expire (specify date or conditions):

__________________________________________________________________________

__________________________________________________________________________

Item 4

Optional: I direct my health care agent to make health care decisions according to my wishes and limitations, as he or she knows or as stated below. (If you want to limit your agent’s authority to make health care decisions for you or to give specific instructions, you may state your wishes or limitations here.) I direct my health care agent to make health care decisions in accordance with the following limitations and/or instructions (attach additional pages as necessary):

_____________________________________________________________________________

_____________________________________________________________________________

Item 5

Your Identification (please print)

Your Name __________________________________________________________________________

Your Signature ___________________________________________ Date _______________

Your Address _________________________________________________________________________

Item 6

Optional: Organ and/or Tissue Donation

I hereby make an anatomical gift, to be effective upon my death, of: (check any that apply)

Any needed organs and/or tissues

The following organs and/or tissues _____________________________________________________

________________________________________________________________________________

__

Limitations ________________________________________________________________________

If you do not state your wishes or instructions about organ and/or tissue donation on this form, it will not be taken to mean that you do not wish to make a donation or prevent a person, who is otherwise authorized by law, to consent to a donation on your behalf.

Your Signature __________________________ Date_______________________________________

Item 7

Statement by Witnesses (Witnesses must be 18 years of age or older and cannot be the health care agent or alternate.)

I declare that the person who signed this document is personally known to me and appears to be of sound mind and acting of his or her own free will. He or she signed (or asked another to sign for him or her) this document in my presence.

Date _______________________________________

Name of Witness 1

(print) _________________________________

Signature ______________________________

Address ________________________________

______________________________________

Date _______________________________________

Name of Witness 2

(print) _________________________________

Signature ______________________________

Address ________________________________

______________________________________

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I feel that Terry's parents are being selfish, trying to save themselves from the heartache of losing a loved one. Although I dont agree with the method (starvation), Legislaters have NO place in a families personal, private, medical tragedy. Families make these decisions everyday. Why is this case so special? Because its for political gain. Dont be fooled. Where has the legislature been all these past years and past cases? If I was able to talk to the Schiavo family, I would tell them to end the miserable, hopeless, existance that thier daughter is in, and let her finally go to god and find peace. She, like any of us, would not want to be kept alive like this, and then paraded all over the media! Caution America! Lets keep Pandoras box tightly locked, and keep the govt. OUT of our private affairs. :twisted:

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Thanks to all who voted in this poll. As I look at the numbers of other polls, ours was on par with the rest of the US. Thanks Richard B. for your post giving people a template for creating a document that would reflect our wishes should we be unable to decide for ourselves.

Please everyone, take a few minutes and sit down and talk to your loved ones and write down your wishes. Make copies and have the document notarized and maybe even do it in the presence of an attorney. Have your trusted loved one sign and agree to abide by it.

Only in this way will your wishes be known and followed when you are unable to make those decisions on your own. All of us joke about having DNR or No Code tatooed on our chests, but help those you trust and care about to make the proper decision if and when the time comes.

Much Love and Respect

WPM

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