By M. Dee Biesterfeld
Terri Schiavo in Colorado? If she had signed a Colorado living will, it probably would not allow termination of artificial nourishment.
The fight over the life and death decisions to be made on behalf of Terri Schiavo has produced a flood of research and discussion here in Colorado. This article does not discuss the moral issues; it discusses only what tools Colorado law provides. What do the Colorado statutes give a person who wishes to express the desire to terminate artificial nourishment under certain circumstances?
First, we should define what a Colorado living will provides. With a Colorado living will (more correctly referred to as a Declaration as to Medical or Surgical Procedures) if two doctors declare that you are in a terminal condition, then you declare that you do not want to be kept alive artificially. A second part of the standard Colorado living will gives you the opportunity to make a decision whether or not you wish to have artificial nourishment continued.
Terri Schiavo’s condition was described as a Persistent Vegetative State. A Persistent Vegetative State is not considered to be a terminal condition under Colorado’s living will statute or under Colorado’s definition of death. If the decision on artificial nourishment is dependent first upon a finding of a terminal condition, then the decision gives no guidance in the event of Persistent Vegetative State.
If you cannot rely on a living will, what can you do?
If, in addition to a living will, you have a power of attorney for health care, the power of attorney may provide that your agent can make the decision to withhold artificial nourishment. If you want to give your agent discretion to make such a decision or if you want to direct that under certain conditions your agent is to withhold or withdraw artificial nourishment, then you should do one or two things. You should review your existing power of attorney for health care to determine whether artificial nourishment is covered. If it is not covered or if you do not have a power of attorney, you should consider preparing one.
This information is general in character and is not intended as legal advice. Application of the law may differ substantially in individual situations. Before taking any action as a result of this information, a professional advisor should be consulted.
