Due to court cases in the last twenty years, many hospitals and patients alike want to have assurances of future health care requests from the patient in conformity with the Gospel of Life. While many of us neither want to die in pain, nor to be living with tubes arbitrarily stuck here and there, nor do we want to have someone terminate our lives. It is, therefore, essential that we make clear what directives of a medical nature we desire. The reason for this is that medical advances occur and conditions that may prolong an agonizing life also may, in the future, have a cure that takes away the pain. The problem with living wills is simple: we place conditions on care that in the future may not be reasonable or may kill us. Being our own doctors is like being our own lawyers at a trial, that is, we become fools. That is why many Catholic bioethicists are now encouraging us to make known our medical desires in a clear way to an agent who becomes a durable power of attorney. In this manner, we can reasonably be assured that our medical wishes will be carried out according to our Catholic beliefs rather than the culture of death.
An expert lawyer friend of mine (Kevin McCarthy, JD, STL, from Indianapolis) has created such a document that should protect young and old. In my opinion, I think a Catholic can be protected from doctors and hospitals making decisions not in conformity with our faith and moral principles with a person as our Durable Power of Attorney. As you read this, I will make some slight commentary along the way.
Durable Power of Attorney Document
This document, consisting of several pages (the exact number needs to be positioned here), is a Durable Power of Attorney for purposes of my health care decision-making which establishes (the name of the person and certain alternates to him) as an agent and attorney-in-fact of the undersigned principal, only in the event of the disability, incapacity, or incompetence of such principal, solely as this document defines such disability, incapacity, or incompetence, and this power of attorney, and the authority of the agent and attorney-in-fact, shall not therefore terminate upon the disability, incapacity, or incompetence of the principal. Such agent and attorney-in-fact shall have full and general authority to make any decision concerning the personal health care of the undersigned principal which such principal could make, if no disability, incapacity, or incompetence of such principal has occurred. The agency created by this power of attorney shall not be revoked as to the agent or another person who, without actual knowledge or actual notice of the death of the principal, has acted or acts, in good faith, under or in reliance upon such power of attorney or ‘agency, and any action so taken, unless otherwise invalid or unenforceable, shall be binding on the principal or his heirs, devisees, or legatees, or the personal representative of the principal.
(Here the reader will notice that the term “principal” refers to the layperson authorizing someone as his agent, which person [and potential alternates named later] is in principle irrevocable unless the person doing this changes it.)
Definitions (an exceedingly important piece of the document to make clear certain key terms)
“Disability, incapacity, or incompetence” means such a lack of intellectual and mental capacity that the principal is unable to make informed and reasonable decisions concerning the administration or provision of professional chiropractic, dental, health care, medical, nursing, pharmaceutical, surgical and therapeutic services as determined by my personal or primary care physician in consultation with my primary care physician.
“Health care” means professional chiropractic, dental, medical, osteopathic, nursing, pharmaceutical, surgical, or therapeutic services. “Standard of decisionmaking” means, with specific reference to the attached Statement of Principles the only ethical guideline or rule which the agent and attorney-in-fact should apply in making decisions on my behalf, and consists of the application of such Statement of Principles governing my health care by my agent and attorney-in-fact in consultation with my priest confessor and family.
Appointment and designation (the person as durable power of attorney together with alternates is now named)
I, (———-), do hereby appoint, designate, empower conditionally, and names as my agent and attorney-in-fact (————) with full authority and power to make all decisions, perform any act, sign any document, or take any action related to my health care including but not limited to the employment of physicians and other health care providers, my admission to or release from any health care facility, and the access to and use and disclosure of all of my protected health information under the Health Insurance Portability and Accountability Act of 1996) which I could make, perform, sign, or take on my own behalf, only when, if and as a determination of disability, incapacity or incompetence is made under this document, and only after making a reasonable effort under the circumstances at the time of the decision-making to consult with persons according to the standard of decision-making set forth in this document. In the event that such agent and attorney—in-fact is unavailable to perform his duties, I hereby direct my attorney, to take all steps necessary to contact and communicate with , in order to ensure that my wishes expressed in this document are carried out. Any person acting as agent and attorney-in-fact by reference to or under this document shall not have any personal financial liability for the costs and expenses of my health care provided during the tenure of such person as such agent and attorney-in-fact. Any such person shall not have the authority to donate body parts or organs of the principal. To the greatest extent practicable, any person making decisions concerning my health care shall assure that I have the opportunity, at least weekly, to receive the Sacrament of Penance (Reconciliation) by private individual Confession to a Catholic Priest, and daily to receive The Most Blessed Sacrament in Holy Communion, in addition to receiving The Sacrament of Anointing of the Sick (aka Extreme Unction), and, whenever my death appears imminent, The Sacraments of Penance, The Most Blessed Sacrament as Viaticum, and Extreme Unction.
(The following is necessary to underpin the conscience principles to protect someone from a secularist interpretation of this document.)
Statement of principles governing my health care
The blood of Christ, while it reveals the grandeur of the Father’s love, shows how precious man is to God’s eyes and how priceless the value of his life. Furthermore, Christ’s blood reveals to man that his greatness, and therefore his vocation, consists in the sincere gift of self. It is from the blood of Christ that all draw the strength to commit themselves to promoting life. I believe that life and physical health are precious gifts entrusted to us by God, and that we must take reasonable care of them! Any act or omission which, of itself or by intention, causes death in order to eliminate suffering constitutes a murder gravely contrary to the dignity of the human person and the respect due to God, his Creator.
It is my desire and intention to forgo only those very aggressive medical treatments or medical procedures which no longer correspond to the real situation of the patient because they are substantially disproportionate to any expected results or because they impose an extraordinarily excessive burden on me and my family. When death is clearly immediately and imminently impending and certainly inevitable, I refuse forms of treatment that would only secure a precarious and burdensome prolongation of life, so long as the normal comfort care (otherwise due to a sick person in similar cases) is not interrupted to me. It is my desire and intention to have the benefit of palliative care, including the proper use of painkillers and sedatives for relieving pain, so long as such care does not prevent the carrying out of other religious and moral duties. Nonetheless, it is also my desire and intention to have the option of voluntarily accepting suffering by foregoing treatment with painkillers in order to remain fully lucid and to share consciously in the passion of my Lord Jesus Christ. In my stated desire and intention to ease pain effectively by using the analgesics which medicine provides, it is never my desire to be deprived, as a dying person, of consciousness without a serious reason. It is my desire to prepare in a fully conscious way for my definitive meeting with God.4
It is never my desire or intention to forgo food Or water which may be provided to me through any medically normal or ordinary means, including intravenous means. Unless my death is clearly immediately and imminently impending and my body in extremis will not absorb or accept food (nutrition) or water (hydration), as the case may be, it is never my desire or intention to have my consumption of food (nutrition) or water (hydration), regardless how provided, withdrawn from me under any circumstances.
To the greatest extent legally permissible and practicable, any agent, court, other person or entity making any decision concerning my health care, shall make such a decision in light of this document giving effect to its intent, a judicial precedent, regulation, rule of law, or statute to the contrary notwithstanding. Notwithstanding this document or any determination of disability, incapacity or incompetence made under it, I expect, whenever possible, to be consulted and fully informed about, and to make any decisions for myself, concerning my health care. No physician or other health care provider may or should look to, my family generally for decisions concerning my health care, notwithstanding any rule of law or legal presumption to the contrary. No one making health care decisions on my behalf may construe this document as incorporating by, or making reference to, any specific law, nor may he or she execute a so-called “living will” on my behalf.
This document shall supersede any current or subsequent “living will” signed by me, and any previous written or oral statement concerning my health care.
THIS DOCUMENT PREPARED BY (the person’s lawyer and legal format)
Execution by signature before Notary
I, (————), the undersign person have read the entirety of this document, understand its contests, and execute such document by signing it on the line indicated below, intending all governmental and private persons and entities, including any judge or court, to accord full faith and credit and to adhere to the plain meaning of its provisions tot he extent lawful in the State, notwithstanding any contrary judicial doctrine, legal presumption, or statute of another State or nation.
Father Basil Cole, O.P. is currently a Professor of Moral and Spiritual Theology, Pontifical Faculty of the Immaculate Conception, at the Dominican House of Studies in Washington, D.C. Father is also author of Music and Morals, The Hidden Enemies of the Priesthood and coauthor of Christian Totality; Theology of Consecrated Life. A native San Franciscan, Father has been a prior in the Western province of the Dominicans, a parish missionary and retreat master, and invited professor of moral and spiritual theology at the Angelicum in Rome.
