Ethics of End of Life Decision Making

In the trusts and estates and elder law practice, the implementation of advance directives for a patient are very different when viewed in practice rather than theory. Attorneys who draft health care proxies, powers of attorney, and living wills for their clients may face unique ethical and practical issues during the consultation process with the client and long after those documents are signed.

This program explores some of these complex issues with suggested solutions on how to address them when ethical and legal dilemmas arise. The segment will involve an overview of related federal and state legislation such as the Patient Self-Determination Act (PSDA) of 1990, the "death panel" myth that arose in the 2009 debate over the Affordable Care Act, and New York's Family Health Care Decisions Act. The program will also discuss specific case studies to demonstrate some of these issues and offer practice tips. This program is directed to both new and experienced practitioners. Alison Arden Besunder, Esq. provides practical tools to identify these issues and address them even before they arise.  

Learning Objectives: 

1. Understand the relevant federal and state law related to end-of-life decision making in institutional and other settings
2. Comprehend the role and liability of the health care agent and attorney-in-fact when the principal is hospitalized or in hospice care
3. Discuss practice tips to implement in your practice to provide the lawyer with the tools to protect yourself in end-of-life situations and to mitigate or prevent issues before they arise