Many people, in Cincinnati and elsewhere, who suffer from dementia appear to be suffering greatly at the end of their lives, because the dementia has progressed to the point where they have become completely incapacitated. Consequently, they can no longer perform the basic tasks of “daily living” necessary to survive and cannot express their wishes regarding how they would like to be treated.
A dementia victim can live for a long time, if fed and given water. With the ready availability of advanced medical directives, it might seem easy to get one, whereby you refuse food and/or water if you are incapacitated by dementia. However, you cannot provide that advanced directive, unless you happen to live in New York, because it recently became the first state to allow this option as NPR reports in "'Aggressive' Advance Directive Permits Halting Food and Water In Sever Dementia."
People in New York will now have two options. They can direct that they continue to be given food and water, if it appears that they accept and enjoy it. They can also direct that they not be given food and water at all. It is hoped that the new directive will allow people suffering from advanced dementia to pass away more quickly, if that is what they choose in advance.
If this law works well in New York, it could become available in other states. It is still a good idea to get advanced medical directives, even if this particular option is not available in your state of residence.
Remember: “An ounce of prevention is worth a pound of cure.” When making your estate plans or when probating an estate or administering a trust, do not go it alone. Be sure to engage a Cincinnati estate planning attorney.
For more information about estate planning, probate or trust administration in Cincinnati (and throughout the rest of Southwest Ohio) and to review free resources regarding estate planning, probate or trust administration, visit my website. If you have questions regarding this article or a particular legal matter, feel free to contact me at 513-399-PLAN (7526).
Reference: NPR (March 29, 2018) "'Aggressive' Advance Directive Permits Halting Food and Water In Sever Dementia."