Legal Question on forcing the blood issue...

by SamIam1976 11 Replies latest watchtower medical

  • SamIam1976
    SamIam1976

    Hi there,

    I have a question to shoot out there to anyone who may be familiar with the JW legalities with the blood transfusion issue.

    I would like to know if I should put anything in writing to protect my rights as an independant married adult and cannot be forced by the courts to NOT take a blood transfusion if one is needed to save my life. My parents are still very active JW's and they have always fought with me about my rights when anything legal like this comes up. If anyone knows the legal laws for the state of Maine or if I even have anything to worry about I would appreciate some feedback.

    Thanks.

    Sherry

  • Big Dog
    Big Dog

    Just about every state provides for advance directives with regards to medical issues. If you are an adult yes you should put your preferences regarding treatment in writing and name an adult you trust implicitly (not your parents) as your agent to make medical decisions for you in the event you are unable to.

  • blondie
    blondie

    You need to investigate the laws in Maine regardng healthcare proxies where you select a person to act as your representative regarding health issues, health issues you specifically spell out in the document. The person does not have to be a family member and legally they outvote family members. File a copy with your clinic, doctor, hospital, and if you wish FYI to your parents or anyone else that will create a legal hassle.

    http://www.state.me.us/ag/index.php?r=elderissues&s=endoflife

    END-OF-LIFE CARE ISSUES

    Planning AheadWould your family, close friends, or health care providers, know what kind of care you would like to receive, if due to an accident or illness you were unable to make health care decisions for yourself?

    There are a few things that you can do now to make sure that you can still receive the kind of care you want even when you can not make the decisions for yourself:

    TALK to your physician, relatives and friends about issues that are important to you. For example, under what conditions would you 1) not want to be revived if your heart stopped, or 2) not want to have machines breathe for you, or 3) not want to be given food and water to be kept alive if you could not eat or drink on your own? Keep in mind that oral communications alone may not be sufficient - a written direction may be more effective.

    WRITE your wishes down. The document that contains your wishes regarding health care related matters is often called an advance directive. Some people may call this document a living will. In an advance directive, you can state your wishes about health care related issues and can also include wishes about organ donations, funeral arrangements and other matters that you would want your family, friends and health care providers to know about. For more information about advance directives click here. It is important to give copies of any document that expresses your end-of-life care wishes to your doctor, your local hospital and any family members or friends who may be called upon to make decisions for you.

    APPOINT someone you trust to make health care decisions for you when you no longer can. The person you designate (appoint) to make decisions for you is called your agent. The document in which you appoint your agent is called a durable health-care power of attorney. The durable health-care power of attorney can be contained in the same document as the advance directive. Click here for a sample document.

    The appointment of a durable health-care power of attorney must be done in writing. You and two persons, other than the agent you are appointing, must sign it. It is also wise to put the date you sign it on the document. The document that appoints your agent can be general or it can give your agent very specific directions on what decisions you want him or her to make when you no longer can make decisions. If it is general, your agent will have to rely on what you told him or her about your wishes while you had the capacity to make decisions or the agent can rely on any advance directives contained in a separate document that you wrote while you could still make decisions for yourself. If you did not discuss health care issues in detail with your agent or write down your wishes in a separate document, your agent must make the health care decisions in your best interest, taking into consideration what she or he knows about you. See 18-A MRSA ยงยง 5-501, 5-506 and 5-802.

  • SamIam1976
    SamIam1976

    Thanks Blondie for that helpful link! I have saved it in my favorites so that my husband and I can review it together. He will be my appointed agent and we have already discussed the possibility of having a living will drawn up for both of us and signed by a lawyer in the event we should need something like this. If something happens to both of us we are having a difficult time figuring out what we should do about our children as well. My husband doesn't want my parents to fight over custody of our children should something happen to the both of us. If we both make a living will and put our wishes in writing then my parents will not be able to have a legal leg to stand on in regards to forcing their religion on me or my kids, correct?

    We will be stating in our Living Wills to whom our children will be cared for. He is the youngest of 9 children so his family will definately be the ones to care for our children should the need arise. I just want to make sure that I don't have anything to worry about with my fanatical JW parents lurking in the background.

  • Elsewhere
    Elsewhere

    I have left a Medical Directive with my Primary Physician which states that I am *not* a Jehover's Witness and that I will accept any and all medical procedures my Dr. sees fit to use.

  • kwintestal
    kwintestal
    I have left a Medical Directive with my Primary Physician which states that I am *not* a Jehover's Witness and that I will accept any and all medical procedures my Dr. sees fit to use.

    Sherry, this is a must-do! Also, make sure all Dr. and hospital records do not say you are a JW. If its on there, take it off.

    Kwin

  • blondie
    blondie
    If we both make a living will and put our wishes in writing then my parents will not be able to have a legal leg to stand on in regards to forcing their religion on me or my kids, correct?

    You will notice that there is information on that site regarding custody of children too. While it may not be required, don't rule out having a lawyer help you.

    While you may have the legal high road, family members may still try to overturn your wishes legally wasting your money and time. Be sure to pick a representative that is able and willing to deal with that eventuality.

    Blondie (not a lawyer)

  • jgnat
    jgnat

    Blondie beat me to it. I'm not a lawyer either, but these legal issues interest me as well. You will need a living will (Advanced Health Directive) to protect your personal health interests. You also need a regular will, witnessed by people you trust, naming guardians for your children on the event you passed on.

    I had an abusive ex-husband, there was no way I wanted that side of the family to have anything to do with raising my children. I did up a will and named the guardians. My children are adults now, so I have revised the will. I also got life insurance to cover their care if I were gone. It turns out I didnt' need either, but it did provide great peace of mind when they were growing up.

  • SamIam1976
    SamIam1976


    Thank you everyone for your responses. Now I know what I need to do and who I will involve in the process. My husband's family have been very understanding about my upbringing and have been more supportive than my own flesh and blood relatives ever have been. I count myself one of the lucky ones who made it out of this cult alive and have been "adopted" by a kind and loving Baptist family. HAHA!

    I love my parents very much but I don't want them to force their beliefs on my children or myself at any time. Even if I am going to live to see them grow up and have children of their own, which is my plan. LOL I want to have all my bases covered "Just in case".

  • willyloman
    willyloman

    You might call your local hospital(s) and ask if they offer any educational programs or seminars on medical directives or durable powers of attorney (DPA). Some hospitals include this in their community education schedule. If the hospital has a "bloodless" or "transfusion-free" program, be advised that the person conducting the DPA/Med Directive class might be a dub.

Share this

Google+
Pinterest
Reddit