Question

Marion M. is a 79 year old who lives alone. She has two children -- a son and a daughter who do not live locally. She has a living will that clearly states that she does not want to live if she were dependent. She notes that she only wants to live if she can be independent and live a quality existence. The document is not notarized and neither child has signed it although they know of its existence. It does not include the verbiage that states the document goes into effect when she is in a terminal condition and permanently unable to decide for herself. On the way to the store, she is hit by a van that goes through a stop sign. She is taken to the hospital with multiple fractures, but no head injury. she is stabilized and taken to the operating room for repair of the fracture. No cardiac condition is present. She is now stable, but the chest wall trauma and the pain make it difficult for her to breathe and for this she is placed on a respirator. After nine days, she is still in intensive care. The physicians want permission to do a procedure to allow her to continue to be ventilated through a process known as tracheostomy, and this involves a tube being surgically placed in the neck. It is reversible. The family refuses the procedure and wants the staff to follow their mother's clearly expressed wishes. Marion M. is awake, but unable to make clear decisions based upon questioning due to the medications and the situation. She is expected to recover and likely become independent, but it will take months. If removed from the ventilator, she may or may not die. Is her living will the directional document at this point since all family agree with the wording and intent of the document?

Answer 1

Marion M.'s will is not valid as it has neither been notorized nor has it been signed by any of her children as witnesses to the will. Also, there is a good probability that she will recover from the situation and be independent within few months. Thus, though the family may agree with the wording and intent of the document, it cannot be executed. Necessary tracheostomy has to be executed for recovery of the patient.