You need to consult an attorney with expertise in that area, in the district, state or province where he is located.
These rules could vary by country or state.
Almost everywhere in North America, however, the courts are conservative with regard to interpreting the documents if there is any contradiction in them and lean toward preserving the person's life. In other words if it "could" go either way a court will usually
go in the direction of keeping the person alive.
My eldercare attorney said documents made in the mild stage might hold up if they seemed consistent with the other body of documentation but would always be open to question, as would verbal wishes.
Your case might be different.
Originally Posted by ninamarc
As I thought I have settled down the issue of artificial means for my FIL, I checked his health proxy POA paper. Well this was done in 2004 - much later than the living will that was done. This POA paper says only if it is coma, then the POA can pull the plug. This paper has 3 choices spelled out:
The first one is take it off if the situation is not beneficial to prolong, and the second one is for the coma thing. The third one is to keep it no matter what.
My FIL marked the second one only. Coma only. Well he did this in 2004 when he was in the middle of early dementia. We had no idea there was a living will done in 1996 until I found it last year when I cleaned off the room.
Does living will override the health proxy? Given this health proxy, it is confusing again!
Also I thought the last thing the person says counts more? Say, my FIL says no more tubes now?