Living Will Law
The Fort Wayne Journal Gazette carries an editorial today on “Living-will law“.
Next Thursday, the General Assembly’s Probate Code Study Commission will reconvene hearings on the state’s living-will law. The commission received its directives from a Senate resolution that was written in the last session and fueled by the struggle surrounding Terri Schiavo.
The study commission has reviewed several issues in the state’s statute in its previous two meetings. But one interesting point is how the law applies to a person in a persistent vegetative state. During its first meeting on Aug. 30, Commissioner Jim Martin stated that Indiana’s living-will law isn’t as broad as some people think.
The commission, which is entrusted to shape laws that guide people and families in a morally difficult issue, doesn’t pass legislation; however, its recommendations will get serious consideration from the General Assembly. Ultimately, the commission should protect people’s right to determine their fate, whether that is communicated in writing or from a person legally designated to make the decision.
The statute authorizing the Commission is Ind. Code 2-5-16. You can find out more about the Probate Code Study Commission online, including its most recent minutes. Recently Indiana enacted a comprehensive revision of its probate & trust law as seen in 2005 Ind. Legis. Serv. P.L. 238-2005.
