Nancy Cruzan would have benefited from advance health care directives.
Tragic accidents and serious illnesses can strike at any time and leave you or a loved one incapacitated.
Should this happen, your loved ones could be left wondering about your medical preferences.
If you had an advance health care directive, you and your loved ones could have peace knowing your wishes were communicated clearly.
Unfortunately, this was not the case with Nancy Cruzan.
After a tragic auto accident, Nancy Cruzan was no longer able to communicate her medical wishes.
Nancy Cruzan was a young woman who believed she had many years ahead of her.
Unfortunately, an auto accident left her in a persistent vegetative state.
Unable to make or communicate decisions, her life was sustained with a feeding tube.
Seeing her in this state, the parents of Nancy believed their daughter would choose death over life.
As a result, they fought a legal battle to get her feeding tube removed because Nancy had not provided directions for life-sustaining care.
When the case reached the U.S. Supreme Court in 1990, the court ruled against the parents.
The decision stated the state had the right to continue life-sustaining treatment in the absence of clearly recorded evidence of the wishes of the patient.
Only after a lower probate court in Missouri heard evidence from new witnesses did a judge grant permission for the hospital to remove the feeding tube.
Nancy Cruzan died 11 days after the removal of the feeding tube.
This heartbreakingly tragic situation underscores the critical need for advance health care directives.
Knowing what she would have wanted was impossible because there was no definitive evidence of her wishes.
By creating an advance health care directive, Nancy Cruzan would have protected her autonomy while shielding her family from emotional struggles and court battles.
Nancy Cruzan was not an old person.
She was young and vibrant before her accident.
While many believe advance health care directives are only for seniors or those with terminal illnesses, the National Institute on Aging - New Window advises everyone to have these documents.
Health issues or accidents can arise suddenly.
Whether you are healthy or have medical issues, you should proactively set up these documents to grant your loved ones peace of mind.
Those who become incapacitated and lack advance health care directives will have their fate decided by the state.
A judge will consult with the state's laws and appoint someone to make those decisions in your stead.
This person could be a spouse, parent, adult child, or complete stranger.
If your family disagrees with what you would have wanted, they could be torn apart through disagreements, and their choices could be the opposite of what you desired.
Your loved ones could even end up in a long legal battle like the one faced by the family of Nancy Cruzan.
Yikes!
The best way to avoid a situation like that of Nancy Cruzan is to create an incapacity plan.
What steps need to be taken?
Reflect on Your Values.
Do you have strong beliefs about medical care?
If yes, you should communicate what treatments you would like and those you would like to avoid.
For example, the Lutheran Church - Missouri Synod, has provided thoughtful guidance to its members on this subject.
Choose a Health Care Agent.
A health care agent should be someone you trust to advocate for your wishes.
This person will have the authority to make medical decisions on your behalf if you cannot.
Create a Health Care Treatment Directive and Durable Power of Attorney for Health Care.
After you have reflected on your wishes and who you trust to be your agent, you should make these official by creating and signing a health care treatment directive and durable power of attorney for health care decisions.
The health care treatment directive allows you to provide instructions regarding treatments to refuse or withdraw if you have a terminal condition or substantial brain damage or disease that cannot be significantly reversed.
Our estate planning practice combines both in one succinct, two-page document.
We refer to that two-page document as the advance health care directive.
Have Conversations with Loved Ones.
The choices you make could distress loved ones if they only learn of them after tragedy has struck.
You should discuss your wishes with your healthcare provider, friends, and family.
Review and Update Your Documents.
You may need to update your plan if your wishes or your life circumstances have changed.
Even with an advance health care directive, your physicians and family may still struggle to interpret how your wishes apply to specific circumstances.
Having conversations with them about your preferences and values can provide additional clarity.
Even so, you should have your wishes recorded in your legal documents.
You are too late if you wait for a crisis to get your affairs in order.
You must solidify your wishes with advance health care directives.
Request a consultation if you do not yet have an incapacity or estate plan.
Youth does not protect people from medical issues.
Every adult should have advance health care directives and appoint a health care agent to ensure their medical wishes are honored.
Failing to have an incapacity plan leaves you and your loved ones vulnerable to a fate similar to Nancy Cruzan.
After you have your documents in place, review them regularly and update them as necessary.
This post is for informational purposes only and does not provide legal advice. You should contact an attorney for advice concerning any particular issue or problem. Nothing herein creates an attorney-client relationship between Harvest Law KC and the reader.
References: National Institute on Aging (Oct. 31, 2022). “Advance Care Planning: Advance Directives for Health Care | National Institute on Aging - New Window” and Practical Bioethics (n.d.). “The Case of Nancy Cruzan - New Window”
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