Most individuals outside of the legal arena have never heard the term "healthcare directive" or are unaware of the benefits of a having such a document. A famous case out of Florida highlighted the need for healthcare directives. The case involved a legal battle between the husband and parents of Terri Schiavo. At issue was whether the husband's granted motions and later court findings to forgo further life-prolonging procedures or life support treatment for Terri, who was diagnosed by doctors as being in a persistent vegetative state, would be carried out. The highly publicized and prolonged series of legal challenges affected in total a seven-year delay before life support finally was terminated. The following article hopes to shed light on what a healthcare directive is and what benefits are associated with a having such a document.

What is a healthcare directive?

A healthcare directive, also called a living will, sets forth an individual's wishes regarding future medical treatment and care. A healthcare directive takes effect when and if an individual becomes unable to communicate those wishes. Doctors and other medical staff are bound to honor and follow the instructions set forth in a healthcare directive.

What types of instructions are included in a healthcare directive?

A healthcare directive may specify the types of treatments that a patient is willing and unwilling to receive. The directive may instruct physicians to take all appropriate measures to ensure that a patient remains alive, or it may request that physicians refrain from prescribing life prolonging treatments should the patient become comatose or terminally ill. This is very important in regards to Islamic jurisprudence. One should draft the healthcare directive to follow established Islamic law in regards to prolonging life if one is in a vegetative state, comatose, etc. Be aware that according to Islamic law, it is not compulsory to put a patient on a life saving device if you are unable to afford to do so. However, once a patient is placed on a life saving device, it is haraam to remove the patient from the device until the patient is completely dead.

What are the benefits of having a healthcare directive?

A healthcare directive allows patients to control the type of care and treatment they receive at the end of their lives. Without a healthcare directive, doctors may use their own discretion in making treatment decisions or they may defer to the judgment of a patient's spouse or close relatives. Relatives may disagree, however, about what is best for the patient. Having a healthcare directive relieves family members of the stress and responsibility of making these decisions, and reassures them that the patient is receiving the type of care that they would have chosen if they were able to communicate their wishes.

Is a healthcare directive irrevocable?

No. An individual may change or terminate their directive at any time before the directive takes effect. A directive may be revoked orally or in writing.

How do I establish a healthcare directive?

Healthcare directives may be created by any individual over the age of eighteen who has the capacity to understand the terms and implications of the directive. To become effective, a directive must follow state specific witnessing and notary requirements. Individuals may wish to discuss healthcare options with an Islamic scholar and their family members before drafting the healthcare directive. While an individual need not retain a lawyer to complete the directive, an experienced lawyer may ensure that the individual has considered all options and complied with all legal formalities.

Note: If you would like to receive a sample health care directive via email, please contact Justice360.

The author of this article can be reached via email at Justice360@muslimcongress.org. For more information about Justice360, visit http://www.muslimcongress.org/360.

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