Advance Directives: History, Benefits, Shortcomings, and Overall Importance

Rebecca C. Morgan (Boston Asset Management Chair in Elder Law and Director, Center for Excellence in Elder Law, Stetson University College of Law) has recently published her article entitled The New Importance of Advance Directives, 2 Estate Plan. & Community Prop. L.J. 1 (2009).  

An excerpt from the introduction of the article is below:

This article examines four cases that illustrate family disagreements, medical advances, and political involvement in end of life cases in which the patient did not have a directive.  This article begins with a brief review of the history and development of right to die jurisprudence, statutes, and case law.  It then turns to a critical examination of select cases.  Additionally, this article discusses benefits, shortcomings, and the utility of surrogate advance directives in minimizing the impact of family disagreements, medical advances, and the potential of political involvement.  The article concludes with some observations about the importance of advance directives.