Living Will Hyperbole Is Disingenuous to American Elders

In the so-called “town hall” meetings debating the Obama
Administration’s controversial health care reform plan, shrill cries of
“euthanizing old people” to characterize potentially productive
doctor-patient conversations concerning end-of-life issues have
distorted the discourse and may cause real harm.

The debate about health care reform, especially as it pertains to
end-of-life issues, is becoming increasingly contentious in so-called
“town hall” meetings across America. Various political luminaries such
as former Vice-Presidential candidate and resigned Alaska governor
Sarah Palin have been saying some things bristling with emotionally
charged phrases. Palin released the following statement on her FaceBook
page:

“The America I know and love is not one in which my parents or my
baby with Down’s syndrome will have to stand in front of Obama’s ‘death
panel’ so his bureaucrats can decide based on a subjective judgment of
their ‘level of productivity in society’ whether they are worthy of
health care,” Palin says, “Such a system is downright evil.” Palin
continued, “Health care by definition involves life and death
decisions. Human rights and human dignity must be at the center of any
health care discussion.” Palin claimed that the Orwellian Obama plan
would surreptitiously herd elder Americans into euthanasia and assisted
suicide via rationing of medical treatment.

But does President Obama’s health care reform initiative really do
what she claims? In fact, the plan, although controversial, encourages
potentially productive doctor-patient conversations concerning
end-of-life issues which may indeed be relevant to most anyone. The
proposal’s language was designed to encourage doctor-patient
conversations, but it was taken out of context and distorted beyond
recognition for political advantage. In fact, a Living Will is good for
individuals, and good for the country. It gives people essential
choices about how they choose to end their days. It puts Americans in
control of their destiny. Most attorneys already discuss these issues
with their clients when preparing estate plans. Doctors often have
these discussions now with their patients. The proposed health care
reform bill will now enable the doctor to be paid for spending the time
to help patients think through these important decisions. When the
President’s mere mention of living wills used as a fear tactic to
senselessly frighten our elders , the tactic is not only dangerously
disingenuous, but may actually cause real harm. It may discourage
essential conversations between doctor and patient. Proactive Elder Law
attorneys continue to encourage their clients to create a Living Will
or an Advance Health Care Directive – before it’s too late. Under the
plan, doctors and their patients will now be encouraged to have this
conversation, as well.

Gene Osofsky is an East Bay elder law attorney in California. Gene
Osofsky specializes in Medi-Cal planning, wills, probate, trusts,
nursing home issues, special needs planning, and disability planning.
To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.