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One of the most common documents which people come to the lawyers to have prepared or want more information about is known as the living will now the phrase living will generally become part of our common language in about the 1980s when the case of Nancy Cruz a began in Missouri in January nineteen eighty-three 26-year-old Nancy Cruz a lost control of her car while coming home from work a terrible accident and Nancy Cruz and was left severely brain-damaged and in an irreversible coma the crews and family asked the hospital to remove the tubes that were keeping Nancy alive, but the hospital refused so the crews and family had to sue the state of Missouri and eventually the case made it to the United States Supreme Court in a closed five-to-four decision the Supreme Court recognized the right to self-determination and the right to die the Supreme Court then sent the case back to the Missouri trial court to see whether there was clear and convincing evidence of Nancy cruses wishes with respect to her right to die now after hearing further testimony from Nancy cruses co-workers on this issue the Missouri Court did find clear and convincing evidence of Nancy Cruz a swishes told the hospital to remove the tubes that were keeping Nancy alive and Nancy Cruz an eventually died about two weeks after the tubes were removed she essentially starved to death and in December nineteen ninety-seven years after her horrible accident Nancy Cruz a died so the Supreme Court recognized there was such a thing as the right to die and in New York there are several cases most importantly 1988 the O'Connor case where in the right to self-determination with respect to medical procedures is a clearly long-standing part of New York law and the Supreme Court followed this up later on a few years later in the crews and decision so the point here is that the right to die must be evidenced by clear and convincing evidence and so the living will is a document in writing which is intended to satisfy this clear and convincing standard one of the problems though with respect to writing down your wishes with respect to end-of-life decisions in a living will is that it's impossible to predict how or why or under what circumstances this right to die may become an issue in any particular person's life and in fact in 2004 the Hastings Center a well-respected bioethics Institute in garrison New York found that the living will is virtually a failure and primarily for two reasons the first of all people often complete a living will and then put that in their desk drawer and nobody knows the living will actually exists but number two it's often hard to apply a person's wishes as stated in the living will in when the situation actually arises because there is so much room for disagreement and uncertainty in this area particularly when there are so many overlapping legal ethical moral and religious opinions about this subject fortunately in 1991 the New York State Legislature passed a law...
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