Most dementia directives call for voluntarily stopping eating and drinking (VSED) at a prescribed point late in the progression of dementia. In most cases, this requires eliminating hand feeding based on the proposition that hand feeding is a medical treatment or medical care.
A 30-year old Florida Supreme Court decision may provide support for the use of a dementia directive that provides for voluntarily stopping eating and drinking (VSED).
This post, Part 3 of a series on dementias directives, discusses the supplemental advance directive for dementia offered by Final Exit Network (FEN) for those people who do NOT want to live into the later stages of dementia. The FEN dementia directive was drafted by FEN’s legal counsel, Robert Rivas.
Whether intentionally or inadvertently, a recent article in the Washington Post, written by a reporter with Kaiser Health News, provides confusing, incomplete, misleading, and perhaps inaccurate information about the choices a person with dementia may have. It dismisses legal issues by citing opinions from non-legal professionals.
“Over himself, over his own body and mind, the individual is sovereign.”
— John Stuart Mill
The United States Constitution and the common law (along with some state constitutions) give us the right to make directives that control the health services we receive if we become mentally incapacitated. The instructions provided by most states in the statutory forms that have been approved since the late 1980s do not limit us. We can write non-statutory directives I call “supplemental directives” when they are attached to and referenced in the statutory directives. We can also write our own health care directives without using statutory forms (an issue to be discussed in a subsequent post).
