Wednesday, February 22, 2012
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It doesn't have to be this way.

What do Terri Schiavo, Nancy Cruzan, and Karen Ann Quinlan have in common? All of them were the subjects of important and controversial court cases involving end-of-life care. All of them were also young women in their 20s, who had unexpected medical crises. None of them had done any kind of advance planning in regard to medical care. And in all three cases, their families were devastated as a result (Quinlan’s father agonized for months over the decision. Schiavo’s family spent a fortune and was torn in half. Cruzan’s father ultimately committed suicide). 

It doesn’t have to be that way.

 
What is Advanced Health Care Directive

An Advance Health Care Directive is a form you can fill out, which appoints someone to make medical decisions for you, if you are no longer able to make them yourself, and also makes a number of end-of-life decisions in advance. These used to be called “living wills”, but the name was changed when the Alaska Health Care Decisions Act took effect in 2005.

There is a statutory form available for Alaskans. It is found that Alaska Statute 13.52.300. Unfortunately there are a number of problems with the statutory form, including some provisions which appeared to say one thing but actually mean another. For that reason, we do not recommend you use the statutory form. There are a number of other forms available, including several simplified versions given out by local hospitals.

 
Kirk and AHCD

Attorney Kenneth Kirk also has a simplified form. He is not making it available on this website, because it is better to have an experienced attorney walk you through the form as you are filling it out, in order to make sure it does what you really want it to do. Mr. Kirk will be happy to do this either in a separate consultation, or as part of the estate planning process. 

Kenneth Kirk is the author of an Alaska Law Review article about the Health Care Decisions Act, has argued an end-of-life case before the Alaska Supreme Court, and has helped hundreds of people fill out advance directives, so he is well-experienced in this area.

Mr. Kirk’s philosophy, when helping clients fill out an Advance Health Care Directive, is that the attorney should explain things and make sure the client understands the implications of their decisions, but not to push clients into making one decision or another. The most important thing, in his view, is that you make the decisions, not him or anyone else.

 
 

Please contact us to find out what is involved. But one way or another, please have a Health Care Directive in place. You don’t want to be the next Terri Schiavo, Nancy Cruzan, or Karen Ann Quinlan.

 
© 2011 by Kenneth C. Kirk, Attorney. All rights reserved.