We just didn't leave our son with his witness grandmother or my sister if we traveled to other areas. We were not going to rely on the courts to intercede in time if he had been injured and needed blood. The shunning works both ways. This is where the lines are drawn...... in the Jonestown reality of what could go wrong. If you no longer have your wits about you, you no longer have my child in your care. My mother and sister lost my trust to make the proper decision should it be necessary. On the other hand they were comfortable allowing us to to protect our niece should the tables be reversed.
Next Of Kin - your JW family will REFUSE BLOOD if you need it...
by talesin 27 Replies latest jw friends
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144001
Original question: My daughter is now eighteen does she automatically become my NOK now do you happen to know - my parents are dead?
<<<<Probably. In the United States, these are usually controlled by informed consent statutes. You can do a Google search for "medical informed consent" for your state's statute.-- Justitia Themis>>>>
Someone with any knowledge of this subject would simply recommend that you consult with a lawyer who specializes in estate planning. Making important legal decisions based upon Google searches is foolhardy at best. Lawyers who rely on Google searches for their authority will eventually be the subject of a malpractice action.
"Informed consent" is unrelated to the subject of which individuals have authority to make health care decisions on behalf of an incapacitated individual. "Informed consent" refers to the requirements in many states that doctors obtain your "informed consent" before performing a medical procedure upon you. Such consent is "informed" because the doctor is required to give you certain information about the procedure, including without limitation the risks, if any, of the procedure. Searching under this subject is extremely unlikely to provide adequate information to properly plan for your own incapacity.
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nugget
It is also worth speaking to the family doctor or GP. As Jws we were encouraged to notify them regarding our stand on blood so that it could be entered into our medical records. If we have ever been to accident and emergency we would have been asked our religious affiliation and this would be recorded on the system. They do not ask this question on subsequent visits as they just pull up the original record and it may be there lurking regardless of our change in viewpoint. Unpicking our old JW life seems to take forever but it is worth updating our records to ensure that the correct medical treatment is available to us.
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Justitia Themis
It is also worth speaking to the family doctor or GP.
Nugget's point is especially relevant since the ACA promotes Accountable Care Organizations. To get Medicare approval, these organizations need to show a sufficient level of 'integration,' and one way to do that is to have enhanced record sharing between the linking organizations. This increases the chances that health care information from one provider will be shared automatically with another provider, and that could include a person's 'no blood' designation.
Also, it is worth noting that a health care POA does not grant anyone the right to do anything with your finances and is unrelated to financial estate planning. So please, please do not let fears of accidentally granting someone the right to drain your bank account cause you not to complete one.
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144001
If you want to be sure your wishes are honored, consult an attorney on these issues. A law student with no professional experience in estate planning is a poor source of advice on an issue that could dramatically affect your life.
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jgnat
Here in Canada it's called an "Advance Care Plan", "Advance Directive" or "Personal Directive". The rules are slightly different for each province, so google for where you live. I'm not a lawyer.
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Justitia Themis
If you want to be sure your wishes are honored, consult an attorney on these issues. A law student with no professional experience in estate planning is a poor source of advice on an issue that could dramatically affect your life.
And if you both have the money to contact a lawyer and choose to do so instead of using the wonderful materials that are likely posted on-line by your state, make sure you seek a health law attorney who understands the differences in scope between a financial POA and a health care POA.
Also, it's good to note that your state has, in essence, statutorily created your list of surrogate medical decision-makers for when you are incapacitated and cannot give informed consent to treatment. A health care POA merely replaces the state's list of people with your list of people. Applying this concept to the the average board member...the 'dramatic effect this will have on your life is that of changing the person in charge of your medical treatment when you are incapacitated from one decided on by your state's legislature to one decided on by you.
For those who wish more information, I am posting a link from the American Bar Association. It has posted a nice short article and a generic (not state-specific) DPA online: http://www.americanbar.org/content/dam/aba/uncategorized/2011/2011_aging_hcdec_univhcpaform.authcheckdam.pdf
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Band on the Run
I face a serious moral quandary here. Part of me is very sad that such a valuable thread has been derailed for many by the untoward comments of a law student with no experience. She has yet to take a bar exam in any state. You have one New York and another with legal knowledge stating the same thing. This is very important. Don't postpone. As soon as possible see an trust and estates lawyer so your wishes can be fulfilled if you are not conscious or are incompetent. It may be awkward to do so but do it anyway. Just do it. Inform all your health professionals.
NYC did not collapse on 9.11 in large measure because health professionals and others practiced city wide catstrophies on a regular basis.
I cannot begin to comprehend how informed consent has application. Informed consent is a broad concept. Note that I am not alone. The most dangerous person in any room is always someone who knows it all from reading books or sitting in lectures. Real life is sobering. Such a person may provide links but she has no real knowledge or common sense. Common sense and academic achievement are not opposites. Providing links can be very dangerous. Law is neither here nor there on important issues. Every state is different. The only solution is to pour out your heart to a lawyer you trust. If I had to see a lawyer in this field, I would personally choose a Trusts and Estates lawyer specializing in advance directives and durable powers of attorney for medical reasons. There is only one thing more dangerous than a law student opining nonsense. It is a medical student thinking they can do advanced surgery with no supervision.
Normal people reading this thread don't have to choose sides. The sides are very clear. Wherever you live, you can see a local lawyer for a consultation. You can state your budget. Civil rights law has much to do with the answer. Common sense has even more to do with it. Someone's personal agenda to represent hospitals in neligence actions is a factor to consider. You already know what to do. When you consult privately with a lawyer, pay attention to your gut reaction. It should make sense to you once the lawyer has explained it to you. No fancy degree is needed. I can only implore people to trust themselves. Use professionals for your own benefit. Never let a professional use you. It is not different from Jehovah's Witnesses.
Talesin was astute to start this thread. Let me drop any legal knowlege. I was a human before I became a lawyer. Everyone, including lawyers, tend to put off these types of decisions. It is understandable. Only a duly admitted lawyer in your state can/should hear your personal wishes and concerns. Celebrate yourself. Realize that everyone postpones doing certain things and do it anyway. Most lawyers are highly socialized to respect personal wishes. One does not need to consult a health care lawyer. Your general lawyer may be sufficient. Trusts and estates lawyers, though, know the ins and outs of all sorts of varities of human problems. Furthermore, they know federal and state tax law well. The more complex the situation, the more cost effective it is to consult one. Remember only you know your JW and family tolerance. If a lawyer is too busy to listen, just take your business elsewhere. I have done it in my own life.