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re: Legal battle over right-to-life of Lafayette man in vegetative state

Posted on 7/28/21 at 1:00 pm to
Posted by Allluvnohate
Member since Jul 2021
168 posts
Posted on 7/28/21 at 1:00 pm to
quote:

quote:
spouse supersedes parents as a medical proxy.


This is such a terrible principle



I disagree. You choose your spouse, you do not choose your parents. I think it is irresponsible not to have a living will, but if you don't the person you choose to do life with is a better default decision maker IMO than the individuals who birthed you.


So you would choose to have the person who you are in the middle of a divorce with making a life or death decision for you? And their incentive to choose death is a million dollar lawsuit.
That should definitely be taken into account in this situation.
Posted by HDAU
Member since Nov 2014
1581 posts
Posted on 7/28/21 at 2:14 pm to
quote:

So you would choose to have the person who you are in the middle of a divorce with making a life or death decision for you? And their incentive to choose death is a million dollar lawsuit.
That should definitely be taken into account in this situation.


No, I wouldn't. I would/do have a living will stating who should be my healthcare proxy. If my choice changes, so will my documents. That isn't what we are discussing here, however. The statement that I disagreed with was that it is bad policy (i.e., default rule) for the spouse to be first in line as a healthcare proxy if one isn't named. Policy shouldn't be written for outlier situations. Regardless of who is the best decision maker in this situation, I think we can say that it is an outlier, and a situation that could be avoided with the execution of a simple document.
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