The New Importance of Advance Directives

Date

2009

Journal Title

Journal ISSN

Volume Title

Publisher

Estate Planning & Community Property Law Journal

Abstract

Advanced directives are becoming a very important aspect of the estate planning process. When a patient does not have an advanced directive, decisions are left to the family and they may or may not uphold what the patient would have wanted. Thus, it is very important for everyone to have an advanced directive to determine their own end of life care. This article explores the history and development of advanced directives in the United States; then looks at four different cases and how the lack of an advanced directive complicated matters, particularly on the concurrently private and public nature of these disputes; and finally, this article explores future possibilities of advanced directives.

Description

Keywords

Advanced directives, Incapacity, Life support, Patient interests, Public policy, In re Quinlan, Superintendent of Belchertown State Sch. v. Saikewicz, Cruzan v. Director, Missouri Department of Health, In re Browning, In re Martin, In re Schiavo

Citation

2 EST. PLAN. & COMMUNITY PROP. L.J. 1