Article on Counseling Terminally Ill Clients

Kathryn Tucker (Adjunct Professor of Law, Loyola Law School) recently published her article entitled Elder Law: Counseling Clients Who Are Terminally Ill, 37 Wm. Mitchell L. Rev. 117 (2010). The introduction to the article is below:

As the older population continues to grow, it is becoming increasingly important for elder law attorneys to know the options available to elderly clients approaching death due to terminal illness, and consult with them about their plans and wishes for end-of-life care. Attorneys representing such clients on these matters will need to be prepared not only to assist in the preparation of documents that reflect the clients’ wishes, but also advise them on the range of available choices. This article offers suggestions on how elder law attorneys can maximize the chances that their clients’ health care preferences will be respected, actions to be taken if these wishes are not respected, possible limitations on care based on the conflicting views of an individual provider or health care institution, and how to plan strategically to ensure that such limitations do not undermine the clients’ wishes.