Enforcing a Living Will
Lynne Chesley signed a living will (sometimes called an advance medical directive) in 2013 that stated she did not want to have her life extended by artificial means. Among other things, that would mean no feeding tubes. Lynne designated her sister, Amy, as her proxy for making medical decisions should Lynne become incapacitated.
In 2021 Lynne was hospitalized with pneumonia, and a feeding tube was inserted. Her children asked that the tube be removed, consistent with the directive that Lynne had executed. Amy disagreed. Amy said, in a related case, “I don’t believe in killing someone before they are ready to die.” She claimed that when Lynne was told the removal of the tube would be painful, Lynne made movements, and that these movements amounted to a revocation of the living will and a request to keep the feeding tube in place.
A three-year court fight followed. Ultimately, the Oklahoma Supreme Court sided with the children, held that the living will must be honored, and Lynne was allowed to die.
Did Lynne ever discuss her living will with Amy? Did Amy candidly share her beliefs? What was Lynne’s quality of life during the litigation? This case suggests that there was a real failure of communication.
Having a living will and designating someone for making medical decisions has become a normal element of estate planning. Some people will want to take all possible steps to extend their lives, others prefer to keep medical intervention at the end of life to a minimum. A living will is essential for providing guidance. Equally important, a serious conversation is necessary with the person who will be designated to make medical decisions. Does the person understand and agree with the wishes? Will the person be able to carry them out?
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