Advanced Directive Considerations For Practicing Catholics
An advanced directive, sometimes referred to as a “living will,” is a legal document that outlines a person’s health care decisions and appoints a Health Care Agent to act on behalf of that person in the event that he or she is no longer able to communicate his or her health care preferences. Given that an advanced directive involves sensitive and complex issues related to serious medical and, potentially, end-of-life care, it can be helpful to consult with our East Greenwich, RI wills lawyer who understands both the legal and moral issues surrounding a living will.
Attorney Geoffrey M. Aptt is here to help you navigate the creation of an advanced directive that both expresses your desires and aligns with your Catholic Faith. With a decade of legal experience and as a member of the Knights of Columbus, he is the right choice to help you protect your future with your faith in mind. Contact Aptt Law LLC today.
What Rhode Island Requires For An Advanced Directive
Rhode Island law outlines the process for appointing a durable power of attorney for health care decisions. A durable power of attorney allows you to designate another person as your Agent, someone who will make health care decisions for you on your behalf in the event that you become incapacitated. R.I. Gen. Laws § 23-4.10-2 outlines a statutory form of durable power of attorney, but, under R. I. Gen. Laws § 23-4.10-10, “in the absence of actual notice to the contrary,” there is a presumption “that a durable power of attorney complies” with the law and is valid. The Rhode Island Department of Health also provides a template durable power of attorney form that meets that statutory requirements.
This process allows you to both designate another person as your Agent and outline the type of medical care you wish to receive should you become incapacitated. This can include describing your wishes concerning any life-prolonging care, treatment, services, or procedures that may be necessary, or concerning your desire, if any, to be an organ or tissue donor in the event of your death. Other general requirements for an advanced directive include signatures by your Agent, witnesses or a public notary, and your own signature.
What The Catholic Church Teaches
The Catholic Church has clear guidelines that describe which actions are morally permissible regarding end-of-life care.
Firstly, the Church has always taught that life is precious and inherently valuable from conception to natural death. Thus, euthanasia and assisted suicide are always morally unacceptable. Even though euthanasia or assisted suicide may be presented as a legal option in some states, a Catholic cannot attempt such an act and cannot encourage another person to attempt such an act.
Whether or not it is morally permissible to discontinue or refuse life-prolonging or life-sustaining medical treatment is dependent on whether the treatment constitutes ordinary or extraordinary means. The Catechism of the Catholic Church states that it is permissible to refuse or discontinue “medical procedures that are burdensome, dangerous, extraordinary, or disproportionate to the expected outcome.” This is, naturally, a fact-intensive and case-specific inquiry that can involve factors such the level of discomfort to the patient, the likelihood of success, or the imminency of death.
Regarding the use of medication to reduce pain, the Catechism states that medicine and painkillers may be legitimately used “to alleviate the sufferings of the dying, even at the risk of shortening their days,” so long as “death is not willed as either an end or a means” and is “only foreseen and tolerated as inevitable.”
Furthermore, the Diocese of Providence provides several resources for the creation of an advanced directive that is aligned with Catholic teaching and values, including a sample health care directive form.
Choosing An Advanced Directive Agent
Choosing someone to have a role in your estate plan, such as a trustee or as your Advanced Directive Agent, is a very important task that cannot be taken lightly. When choosing a person to be your Advanced Directive Agent, it is very important to consider someone who you trust and who understands the teachings of the Catholic Church. This person could be a family member, friend, or trusted colleague.
Contact Our East Greenwich Wills Lawyer Today
Founded in 2014, Aptt Law LLC is ready to help you in drafting an Advanced Directive that conforms to the teachings of the Catholic Church and to your desires for medical care. We are here to help you protect your future, your faith, and your privacy as we do so. Contact us today!
