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Politics : Politics for Pros- moderated
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To: Ilaine who wrote (106392)3/28/2005 2:46:46 PM
From: Lane3  Read Replies (1) of 793757
 
I'd like to see a provision in the law that a person with a conflict of interest can't make life or death decisions for an incapacitated person, or at least that there is a way to remove them from that status in the event that a conflict of interest becomes patent.

I don't see how that could be made to work. The spouse always has an interest in whether his or her partner dies. Often do the adult children, as well. If there is a conflict of interest, you are not likely to know of it in a timely way. You can't possibly hire a PI and accountant and launch an investigation of the parties sufficiently timely for most life and death decisions, not to mention the cost of that. And, if the conflict becomes patent, it would be after the decision, which, in the case of a choice for death, would be too late.

I think you'd be trading in one set of problems for another, and a less manageable set, to boot. The spouse is in the best position to know. I think you have to trust the spouse and adult children as the default unless some conflict just screams at you.

In a case that drags on like the Schiavo case did, the judge might want leave room to assign a neutral guardian once questions were raised. I don't see how you could go further.

Add to the morals of this story: marry with care or sign an advance directive.

I think this is a watershed event in our history

I agree.
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