If I become the executor of a living will (i.e., the next of kin, responsible for enforcing its conditions), what can I morally do?

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Hey, folks. My mom just asked me one of those “hard questions” of life, and I need to get an answer for her.

She has a living will. After watching my step-grandfather waste away after a coma for quite some time, she decided that her living will would explicitly state that she is not to be given a feeding tube. She is not Catholic, and she sees no moral issue with this declaration.

So my questions are several:
  1. Is there a moral issue with such a living will? My gut instinct, based on what I know about Catholic teaching, is that there is: feeding tubes are not extraordinary measures and to actively reject their application is akin to suicide.
  2. Can I morally be the person responsible for ensuring that her living will is executed according to her wishes? Especially in the case that her rejection of the use of a feeding tube is immoral, if I were to direct the doctors to work according to her wishes, would that constitute cooperation with evil?
  3. If I am the next of kin and her living will is immoral, am I morally obligated to direct the doctors to violate it? Would I be acting morally if, unable to direct the doctors to work according to her living will, I refuse to direct the doctors at all or somehow defer such direction to someone else?
  4. If I am in fact unable to advise the doctors to act according to her living will, I assume that I can frankly tell her this; can I likewise advise her to amend her living will such that I am excluded from such decision making, or does that also qualify as cooperation with evil?
So as not to be unclear about my position, I would prefer that her living will not specify that feeding tubes are not to be used in her care, and I am happy to tell her this; I ask these questions simply under the assumption that my opinion on this matter won’t seriously affect her decision.

Thanks,
Jeremy
 
Hey, folks. My mom just asked me one of those “hard questions” of life, and I need to get an answer for her.

She has a living will. After watching my step-grandfather waste away after a coma for quite some time, she decided that her living will would explicitly state that she is not to be given a feeding tube. She is not Catholic, and she sees no moral issue with this declaration.

So my questions are several:
  1. Is there a moral issue with such a living will? My gut instinct, based on what I know about Catholic teaching, is that there is: feeding tubes are not extraordinary measures and to actively reject their application is akin to suicide.
  2. Can I morally be the person responsible for ensuring that her living will is executed according to her wishes? Especially in the case that her rejection of the use of a feeding tube is immoral, if I were to direct the doctors to work according to her wishes, would that constitute cooperation with evil?
  3. If I am the next of kin and her living will is immoral, am I morally obligated to direct the doctors to violate it? Would I be acting morally if, unable to direct the doctors to work according to her living will, I refuse to direct the doctors at all or somehow defer such direction to someone else?
  4. If I am in fact unable to advise the doctors to act according to her living will, I assume that I can frankly tell her this; can I likewise advise her to amend her living will such that I am excluded from such decision making, or does that also qualify as cooperation with evil?
So as not to be unclear about my position, I would prefer that her living will not specify that feeding tubes are not to be used in her care, and I am happy to tell her this; I ask these questions simply under the assumption that my opinion on this matter won’t seriously affect her decision.

Thanks,
Jeremy
This is a tough issue to deal with. But here’s my 2 cents.

For an informed Catholic, yes, there is a problem with the living will as written.

The 4th commandment obligates us to honor our parents, and obey them in everything - EXCEPT when they tell us to sin. You are under no obligation to participate in sin because you are asked to.

I would tell her that you can’t be the executor of the will, as written, since that would be a sin for you.
 
This is a tough issue to deal with. But here’s my 2 cents.

For an informed Catholic, yes, there is a problem with the living will as written.

The 4th commandment obligates us to honor our parents, and obey them in everything - EXCEPT when they tell us to sin. You are under no obligation to participate in sin because you are asked to.

I would tell her that you can’t be the executor of the will, as written, since that would be a sin for you.
Agreed. Well answered.
 
Another question:
  1. What (if anything) can my mom put in her will regarding the use of a feeding tube? I found a sample Catholic living will online, but it didn’t come from a source I recognized. Is there a certain phraseology she can use in her living will that wouldn’t require me to act immorally in order to support?
Thanks,
Jeremy
 
Another question:
  1. What (if anything) can my mom put in her will regarding the use of a feeding tube? I found a sample Catholic living will online, but it didn’t come from a source I recognized. Is there a certain phraseology she can use in her living will that wouldn’t require me to act immorally in order to support?
Thanks,
Jeremy
Food and water are never extraordinary means. Some people may consider a breathing tube to be an extraordinary measure.

As the executer of her living will, there is simply no way that you can allow your mother to starve to death without committing a very grave sin. To say you would not authorize the medical procedure required to put in a feeding tube or that you would not object if someone were to seek to remove it would still be the same. The object is the accelerated death of your mother by starvation and dehydration.

As others have said, I do not think you can be the executer of the living will unless your mother agrees to allow herself to be fed.

Now, here is an alternate question. Would it be moral for you to be the executer of her living will if it is your intent from the beginning to prevent your mother’s medically assisted suicide?

Can you post a link to the source of “Catholic Living Will”?
 
Yes, this is morally problematic for a Catholic. You cannot execute such wishes. Pope Benedict just again reaffirmed that nutrition and hydration cannot be withheld.

I know American Life League has some excellent information on “living wills” and their perils.

I suggest you go to their website, www.all.org, for info.
 
Hey, folks. My mom just asked me one of those “hard questions” of life, and I need to get an answer for her.

She has a living will. After watching my step-grandfather waste away after a coma for quite some time, she decided that her living will would explicitly state that she is not to be given a feeding tube. She is not Catholic, and she sees no moral issue with this declaration.

So my questions are several:
  1. Is there a moral issue with such a living will? Yes and you need to be up from with your mother in this issue. My gut instinct, based on what I know about Catholic teaching, is that there is: feeding tubes are not extraordinary measures and to actively reject their application is akin to suicide. Your instincts (conscience) are well formed.
  2. Can I morally be the person responsible for ensuring that her living will is executed according to her wishes? NO Especially in the case that her rejection of the use of a feeding tube is immoral, if I were to direct the doctors to work according to her wishes, would that constitute cooperation with evil? IMHO yes. Ask your priest for further information on this.
  3. If I am the next of kin and her living will is immoral, am I morally obligated to direct the doctors to violate it? I believe that as a Catholic you are obligated to violate this “living will”.Would I be acting morally if, unable to direct the doctors to work according to her living will, I refuse to direct the doctors at all or somehow defer such direction to someone else? You would be following your conscience.
  4. If I am in fact unable to advise the doctors to act according to her living will, I assume that I can frankly tell her this; can I likewise advise her to amend her living will such that I am excluded from such decision making, or does that also qualify as cooperation with evil? IMHO you are only obligated to let your mother know that you can and will not follow the directive. I would ask her to find someone else if she will not change her mind.
So as not to be unclear about my position, I would prefer that her living will not specify that feeding tubes are not to be used in her care, and I am happy to tell her this; I ask these questions simply under the assumption that my opinion on this matter won’t seriously affect her decision.

Thanks,
Jeremy
There are Catholic approved end of life directives that you can get. Mine says that no extraordinary methods are to be used, but, all normal care according to the Catholic Church are to be followed.
 
Here’s what I wrote my mom in an email:
Hey, Mom.
I found an article I think you (or the show you saw) was talking about, on John Paul II and his death. As I noted on the phone, it did misstate the Church’s teaching on the preservation of life: it said, “Catholics are enjoined to pursue all means to prolong life,” but that’s not the whole story. The most recent statement on this was made in JPII’s encyclical “The Gospel of Life” (Evangelium Vitae):
Euthanasia must be distinguished from the decision to forego so-called “aggressive medical treatment”, in other words, medical procedures which no longer correspond to the real situation of the patient, either because they are by now disproportionate to any expected results or because they impose an excessive burden on the patient and his family. In such situations, when death is clearly imminent and inevitable, one can in conscience “refuse forms of treatment that would only secure a precarious and burdensome prolongation of life, so long as the normal care due to the sick person in similar cases is not interrupted”. Certainly there is a moral obligation to care for oneself and to allow oneself to be cared for, but this duty must take account of concrete circumstances. It needs to be determined whether the means of treatment available are objectively proportionate to the prospects for improvement. To forego extraordinary or disproportionate means is not the equivalent of suicide or euthanasia; it rather expresses acceptance of the human condition in the face of death.
So Catholics don’t have to “pursue all means to prolong life.” What we must do, however, is pursue all ordinary means. “Ordinary” is a special word in Catholic moral theology: it is opposed to “extraordinary,” used in its original sense of “not ordinary.” To give an example from your own theology (as I understand it), you would say that baptism is “ordinarily” necessary for salvation, but that God can act “extraordinarily” and save even those who aren’t baptized (which, incidentally, is an example from Catholic theology as well)
One of the ways we distinguish between “ordinary” and “extraordinary” means is by distinguishing between “treatment” and “care.” “Treatment” is medical procedures such as chemotherapy, surgery, etc. intended to improve the patient’s condition. “Care,” on the other hand, is basic, non-medical acts to support life, such as regular bathing and feeding.

With that said, giving nourishment and hydration, even by way of a feeding tube, has been determined by the Church to be care, not treatment. It’s not intended to improve the patient’s condition, but instead to provide him basic necessities for life. Since it’s ordinary care, I couldn’t advise a doctor to remove or refuse to insert your feeding tube, should (God forbid) a situation arise in which you needed one.

To make an analogy, imagine that I had a severely mentally disabled child who was unable to feed himself. I would still be obligated (both as his neighbor and especially as his parent) to provide nourishment and hydration for him. Even if it meant spoonfeeding him for years, I would not be able to shirk that duty: he would starve without my effort, and his basic human dignity (not to mention my responsibility as his father) gives him the right to food. I would daily be living Christ’s commandment to feed the hungry and give drink to the thirsty: it would be an aspect of the cross I’d been given to carry. Now imagine that this child of mine one day awoke and was unable even to swallow. This change in his condition would not remove my obligation to provide him with the basic necessities of life. Even if the only way I could fulfill my obligation to him were with a feeding tube, I would still be obligated to provide him nourishment via that means, and I would still be obeying Christ’s command to feed the hungry and give drink to the thirsty.

I would be in a similar situation if you were suddenly to require a feeding tube. I couldn’t in good conscience advise medical personnel to withhold or remove a feeding tube, because to do so I would be denying you, not extraordinary medical treatment, but ordinary care that every human deserves. I’m not sure what the exact wording of your living will is, but if you were in a stable condition such that a feeding tube would be both necessary and sufficient to maintain that condition, I couldn’t advise that it be withheld or removed. Even if your living will were to direct the withholding or removal of a feeding tube in such a situation, my duty to give you ordinary care would override my obligation as your son to fulfill your wishes.

To Be Continued…
 
That latter sentence is interesting, especially in light of the commandment to honor my mother. It would seem, at least at first glance, to be the opposite of honor for me not to fulfill your wishes as expressed by such a living will. Another analogy is apt here. Imagine I’m driving across a bridge and I see a person standing on the edge of the bridge, clearly contemplating jumping off. You or I would (of course) stop and try to stop the person from jumping to his death. But if we were unable to convince him and he stepped off the bridge, we would be entirely justified in trying to save his life by grabbing his leg as he fell. Even though it would violate his desire to die (as indicated by his choice to jump), it would be good for us to save his life, in effect “saving him from himself,” since suicide is a grave objective evil. That is the situation I would be in if your living will required that you not be given a feeding tube under circumstances where your condition was otherwise stable: honoring you would mean doing what’s best for you, even if it meant “saving you from yourself” if your living will asked for something akin to suicide.
So, to summarize, I can’t say for sure if I can carry out the directions of your living will, without actually seeing the text, but there should be enough information here for you to determine whether I’d be able to execute it. The key points to remember are that (a) extraordinary treatment which is disproportionate to the expected results or excessively burdensome to you or to your family, I can direct doctors to withhold or remove. I don’t think it’s been official declared, but I believe artificial respiration is in this category; artificial circulation certainly would. Ordinary care, however: procedures that would maintain an already stable condition, I can’t in good conscience direct doctors to withhold or remove. A feeding tube would fall into this category. If that’s unacceptable from your perspective, you may wish to add a provision to your living will excluding me from decision making under such circumstances; I hope this email can convince you of the Catholic perspective on the sanctity of human life, but if it doesn’t such measures may be necessary from your perspective to ensure that your living will is executed as specified.
Further information (from the United States Council of Catholic Bishops, the ones “in charge” of the Latin Rite (aka “Roman”) Catholic Church in America) is available at usccb.org/prolife/issues/euthanas/nutmoral.shtml .
Feel free to forward this to Steve or Dad (or your lawyer, or anyone else as you see fit :)).
Jeremy
 
Hi Jeremy, I suggest you talk with a priest who services the hospital, who would be more realistic with such situations, one that has delt with such situations personally, and not one who is working on theory.
 
Jeremy,

As best as I can determine, there is no such thing as an Executor of a Living Will. And an Executor of a Last Will and Testament has nothing to do with Living Wills. They are totally separate. If you are named as the Executor of her Last Will and Testament, you should carry out those duties in accordance with the fidicuary laws of the state in which she resides.

As to the Living Will, in my state a Living Will
states the preferences, or directions, of what is to be done and what is not to be done to the patient. This directive requires that two Doctors, one being the patient’s regular care Dr. and one other Dr., sign a certification stating that the paitient is in a vegistative state and will not come out of it before her death. Some Doctors WILL NOT follow the directions in a Living Will.

The person making the Living Will must have his or her signature notorized.
 
Hi Jeremy, I suggest you talk with a priest who services the hospital, who would be more realistic with such situations, one that has delt with such situations personally, and not one who is working on theory.
Right now we’re not in any such situation, and (Lord willing) we won’t ever be. Right now the issue is purely theoretical.
Jeremy,

As best as I can determine, there is no such thing as an Executor of a Living Will.
Yes, that’s true; I just reused the terminology from other “wills.” As my mom’s son, if she and her husband (God forbid) have some sort of accident and he either dies or is incapacitated, I would likely be the next of kin, responsible for decisions regarding my mom’s medical treatment and care, and she expressed concerns after hearing something along the lines of this article.

Jeremy
 
Jeremy,

I just received, in the mail, our weekly paper from our Diocese. “The subject is: Vatican clarifies stand on key life issue”.
Here are excerpts as pertains to your situation:

“The latest Vatican documents make clear that ‘the provision of artificially administered nutrition and hydration to patients in a vegetative state is morally obligatory except when they cannot be assimilated by the patient’s body (and, hence, don’t achieve their purpose) or cause significant discomfort.’”

“In addition, artificially administered nutrition and hydration cannot be discontinued for a patient in a persistent vegative state even when physicians have determined with reasonable certainty that a patint will never recover consciousness”.

Pope John Paul II said “Nutrition and hydration, even by artificial means such as feeding tubes, should gnerally be considered ordinary care and not extraordinary medical treatment”

Hope this helps you in making a decision.
 
Jeremy,

I see where you referenced the report, (saw this on TV myself) that Pope John Paul II life giving support (feeding) tube was taken away which caused him to eventually die.

I read the article you quoted. I noticed that John Paul II personal and attending physician stated:

“The Vatican quickly fired back this week. John Paul’s longtime doctor Renato Buzzonetti, who now monitors Pope Benedict XVI, said that doctors and John Paul himself all acted to stave off death. “His treatment was never interrupted,” Buzzonetti told the Rome daily La Repubblica. “Anyone who says otherwise is mistaken.” He added that a permanent nasal feeding tube was inserted three days before the Pope’s death when he could no longer sufficiently ingest food or liquids.”

I believe his attending physician who was with Pope John Paul II when he died. I repeat a sentence from above: He hadded that a permanent nasal feeding tube was inserted three days before the Pope’s death WHEN HE COULD NO LONGER SUFFICIENTLY INGEST FOOD OR LIQUIDS"
 
When people are truly dying, the body is unable to handle food whether it is taken by mouth or whether it comes from a feeding tube. The same is true of water - if you hook up a dying person with a water supply, their kidney’s are shutting down, and won’t be able to process the water. It is better just to moisten their mouth. These are things that doctors and nurses can determine better than priests or laypeople.
 
Right now we’re not in any such situation, and (Lord willing) we won’t ever be. Right now the issue is purely theoretical.

Yes, that’s true; I just reused the terminology from other “wills.” As my mom’s son, if she and her husband (God forbid) have some sort of accident and he either dies or is incapacitated, I would likely be the next of kin, responsible for decisions regarding my mom’s medical treatment and care, and she expressed concerns after hearing something along the lines of this article.

Jeremy
If your Mom signed a Living Will stating her wishes; the hospital has to follow those wishes. You won’t have any say; unless your Mom doesn’t sign a Living will. That’s how I understand it. Please correct me if I’m wrong.
 
For me, a feeding tube would place an unbearable and unreasonable burden on me, therefore it would fall into the catagory of extraordinary. I prefer a natural death should I fall into an irreversable coma.
 
If your Mom signed a Living Will stating her wishes; the hospital has to follow those wishes. You won’t have any say; unless your Mom doesn’t sign a Living will. That’s how I understand it. Please correct me if I’m wrong.
Living wills are only worthwhile if the primary care doctor is aware of them and writes an order to carry out their wishes. A physician order is paramount while hospitalized. If your family disagrees with your wishes and you haven’t signed a document for your physician to sign, then your family will get to make the decision. So, talk to your doctor. If you are hospitalized, talk to the nurse about your wishes and he/she will contact the doctors so they can be carried out.Do this while you are lucid.
 
For me, a feeding tube would place an unbearable and unreasonable burden on me, therefore it would fall into the catagory of extraordinary. I prefer a natural death should I fall into an irreversable coma.
The problem is that no one but God knows that a coma is truly irreversible. People have come out of supposedly “permanent vegetatative states.” Sometimes it takes decades, but there are many stories of people coming out of comas thought irreversible: we humans simply don’t have the foresight to know when we should stop caring for someone (or stop allowing ourselves to be cared for).

Jeremy
 
With my mother had we kept the feeding tube in she would have died. She could not tolerate the “formulas” and had major infections from the insertion of the tube. The IV for fluids was always being pulled out by her and she had a hard time. Her swallow reflex was so slow that to feed her by mouth took one hour each meal and this was the excuse to use the tube.

I was able to get the tube removed for medical reasons and I then went into the nursing home and fed her her meals 3x a day. I took a leave of absence from work to do so. Am I sorry I did this? no. Prayer and sometimes anger at the system kept me going. She is now tube free and able to feed herself (slowly yes but self fed).
 
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