State Advance Directive Forms – Greater Uniformity Needed

Werner Gruber (Notes Editor 2007-2008, The Elder Law Journal; J.D. Candidate 2008, University of Illinois at Urbana-Champaign) has recently published his Note entitled Life and Death on Your Terms: The Advance Directives Dilemma and What Should Be Done in the Wake of the Schiavo Case, 15 Elder L.J. 503 (2007).

Here is the introductory paragraph to his Note:

In early 2005 the story of Terry Schiavo dominated newscasts around the world. The Schiavo story sparked debate and discussion about end-of-life treatment, including the religious and moral implications of advance directives. Advance directives are legal documents that allow a patient to convey their end-of-life wishes before the critical point when such decisions must be made. While the United States has taken steps to adopt both federal and state legislation to promote advance directives, a lack of uniformity of procedure and documentation between the states is hindering widespread documentation of end-of-life wishes. Advance directives are often not utilized despite increased awareness of the need for end-of-life protection. In this Note, Mr. Gruber supports the passage of pending federal legislation with the additional call for greater uniformity in state advance directive forms.