{"id":16827,"date":"2014-06-06T10:27:14","date_gmt":"2014-06-06T14:27:14","guid":{"rendered":"http:\/\/therapytoronto.ca\/news\/?p=16827"},"modified":"2014-06-06T13:06:59","modified_gmt":"2014-06-06T17:06:59","slug":"exploring-a-legal-and-ethical-gray-area-for-people-with-dementia","status":"publish","type":"post","link":"https:\/\/therapytoronto.ca\/news\/2014\/06\/exploring-a-legal-and-ethical-gray-area-for-people-with-dementia\/","title":{"rendered":"Exploring a legal and ethical gray area for people with dementia"},"content":{"rendered":"<h2>Should advance directives enable people with dementia to refuse food and water as a means of hastening their death? Commentaries and a case study examine potential benefits and harms<\/h2>\n<p>From the Hastings Center media release:<\/p>\n<blockquote><p><strong><a href=\"http:\/\/therapytoronto.ca\/news\/wp-content\/uploads\/2013\/02\/hospital-stay.jpg\"><img fetchpriority=\"high\" decoding=\"async\" class=\"alignright size-full wp-image-10895\" alt=\"hospital stay\" src=\"http:\/\/therapytoronto.ca\/news\/wp-content\/uploads\/2013\/02\/hospital-stay.jpg\" width=\"290\" height=\"193\" \/><\/a>Many of the legal and ethical options for refusing unwanted interventions are not available to people with dementia because they lack decision-making capacity<\/strong>.<\/p>\n<p>But one way for these people to ensure that they do not live for years with severe dementia is to <strong>use an advance directive to instruct caregivers to stop giving them food and water by mouth<\/strong>. This is an ethical and legal gray area explored in commentaries and a case study in the\u00a0<a href=\"http:\/\/www.thehastingscenter.org\/Publications\/HCR\/Default.aspx\" target=\"_blank\"><i>Hastings Center Report<\/i><\/a>.<\/p>\n<p>People with decision-making capacity have the legal right to refuse treatment of any kind and to voluntarily stop eating and drinking. <strong>In states where physician aid in dying is legal, people with decision-making capacity who are terminally ill can ask a doctor to help them end their lives<\/strong>. For people who lose decision-making capacity, an advance directive can express their wish to refuse life support, including a feeding tube. But it is questionable whether there is a legal right to use an advance directive to refuse food and water given by mouth when a person can still swallow but lacks decision-making capacity.<\/p>\n<p><a href=\"http:\/\/www.thehastingscenter.org\/Publications\/HCR\/Detail.aspx?id=6876\" target=\"_blank\">In the lead article in the May-June issue<\/a>, Paul T. Menzel and M. Colette Chandler-Cramer express support for such directives and say that they &#8220;are arguably already legal&#8221; because <strong>they follow logically from the legal rights to refuse life support and to voluntarily stop eating and drinking<\/strong>. Menzel, a professor of philosophy emeritus at Pacific Lutheran University, and Chandler-Cramer, a retired physician assistant and a member of a hospital hospice team in Washington State, propose guidelines for implementing such directives so as to guard against misunderstanding and abuse, and they offer a sample advance directive.<\/p>\n<p>A\u00a0<a href=\"http:\/\/www.thehastingscenter.org\/Publications\/HCR\/Detail.aspx?id=6877\" target=\"_blank\">commentary by Rebecca Dresser<\/a>\u00a0calls the proposal &#8220;both appealing and unsettling.&#8221; Dresser, who is Daniel Noyes Kirby Professor of Law and professor of ethics in medicine at Washington University in St. Louis, writes that <strong>this use of an advance directive &#8220;is appealing because it offers some relief to people seeking to avoid the prolonged decline and extreme incapacity they have witnessed in relatives and friends with advanced dementia<\/strong>,&#8221; but she cautions that it fails to protect incompetent patients.<\/p>\n<p>A\u00a0<a href=\"http:\/\/onlinelibrary.wiley.com\/enhanced\/doi\/10.1002\/hast.309\" target=\"_blank\">case study<\/a>\u00a0with commentaries concerns a 75-year-old woman with Alzheimer&#8217;s disease who, in discussions with her husband, &#8220;was adamant about not coming to the point where she would be unable to recognize herself, her husband, or their son and daughter.&#8221; She made a plan to voluntarily stop eating and drinking on a specific date. &#8220;She asked her husband to promise, should she ever waver and request nutrition or hydration, to remind her of the reasons she had chosen for pursuing this path,&#8221; said the case study. <strong>However, after voluntarily stopping eating and drinking, the women asked her caregivers \u2013 friends and hired professionals \u2013 for food and drink. <\/strong>While she sometimes exhibited decision-making capacity, she often did not recall having chosen VSED.<\/p><\/blockquote>\n<p>The commentaries explore whether health care workers can follow a family member&#8217;s request to honor their loved one&#8217;s VSED plan when the patient&#8217;s advanced dementia makes disciplined voluntary action difficult.<\/p>\n<p>The commentaries are written by Ross Fewing, director of ethics at St. Joseph Medical Center in the PeaceHealth System in the Pacific Northwest; Timothy W. Kirk, an assistant professor of philosophy at City University of New York, York College; and Alan Meisel, the Dickie, McCamey and Chilcote Professor of Bioethics and professor of law at the University of Pittsburgh Schools of Medicine and Law.<\/p>\n<!-- AddThis Advanced Settings generic via filter on the_content --><!-- AddThis Share Buttons generic via filter on the_content -->","protected":false},"excerpt":{"rendered":"<p>Should advance directives enable people with dementia to refuse food and water as a means of hastening their death? Commentaries and a case study examine potential benefits and harms From the Hastings Center media release: Many of the legal and ethical options for refusing unwanted interventions are not available to people with dementia because they&hellip;&nbsp;<!-- AddThis Advanced Settings generic via filter on get_the_excerpt --><!-- AddThis Share Buttons generic via filter on get_the_excerpt --><\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"neve_meta_sidebar":"","neve_meta_container":"","neve_meta_enable_content_width":"","neve_meta_content_width":0,"neve_meta_title_alignment":"","neve_meta_author_avatar":"","neve_post_elements_order":"","neve_meta_disable_header":"","neve_meta_disable_footer":"","neve_meta_disable_title":"","footnotes":""},"categories":[321,10],"tags":[],"class_list":["post-16827","post","type-post","status-publish","format-standard","hentry","category-aging-2","category-health"],"_links":{"self":[{"href":"https:\/\/therapytoronto.ca\/news\/wp-json\/wp\/v2\/posts\/16827","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/therapytoronto.ca\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/therapytoronto.ca\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/therapytoronto.ca\/news\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/therapytoronto.ca\/news\/wp-json\/wp\/v2\/comments?post=16827"}],"version-history":[{"count":1,"href":"https:\/\/therapytoronto.ca\/news\/wp-json\/wp\/v2\/posts\/16827\/revisions"}],"predecessor-version":[{"id":16831,"href":"https:\/\/therapytoronto.ca\/news\/wp-json\/wp\/v2\/posts\/16827\/revisions\/16831"}],"wp:attachment":[{"href":"https:\/\/therapytoronto.ca\/news\/wp-json\/wp\/v2\/media?parent=16827"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/therapytoronto.ca\/news\/wp-json\/wp\/v2\/categories?post=16827"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/therapytoronto.ca\/news\/wp-json\/wp\/v2\/tags?post=16827"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}