This page is intended for patients, families, health care agents, caregivers, and anyone concerned about protecting life and human dignity in medical decision-making, especially during serious illness or medical emergencies.
Each year, many people make resolutions to improve their health, finances, or spiritual life. Far fewer take steps to protect themselves and their families in the event of a sudden medical crisis—until it is too late.
In recent weeks, Life Legal has received an unusually high number of urgent calls from families facing life-and-death decisions in hospitals. In many cases, food, water, or other basic care was withdrawn quickly after patients were labeled “futile” or care was deemed “non-beneficial.”
One call came from the sister of an incapacitated patient who had suffered an asthma attack. The patient was removed from the ventilator—but continued breathing on her own. In the context of her status as a registered organ donor, a decision was later made to withdraw her food and water. By the time we were contacted, it was too late to save her life.
These are not rare or hypothetical situations. They are happening now, often with little warning.
The resolutions below are practical, preventative steps you can take now to protect your dignity, your wishes, and your life—especially when you cannot speak for yourself.
Step 1: Remove Your Name from the Organ Donor Registry
Recent federal investigations have raised serious concerns about organ procurement practices, including failures to follow safeguards intended to protect patients.
While organ donation can be a generous act, many families are unaware that being listed on a donor registry can influence how end-of-life decisions are approached—particularly when a patient is seriously injured or incapacitated. In many states, family members—including spouses—may have limited or no legal ability to override a registered decision to donate organs once certain determinations have been made.
It is common practice for hospitals to notify the organ procurement organization as soon as a serious neurological injury is suspected—sometimes very early in the course of care.
Important: You can still choose to be an organ donor without being on the registry by clearly communicating your wishes to a trusted health care agent. This allows donation decisions to be made with full information in real time, rather than through automatic processes during a crisis.
What You Can Do Now:
- Remove your name from your state’s organ donor registry, either through the state registry website or by visiting the DMV. Google “remove me from organ donor registry in [name of state]” or click here to get to your state’s registry.
- Discuss organ donation wishes directly with your health care agent.
- Educate yourself about current organ procurement practices, including controlled donation after circulatory death (DCD) and normothermic regional perfusion (NRP).
- Be aware of ongoing debates and changes related to brain-death criteria and neurologic standards.
- Do not rely on DMV checkboxes alone to communicate life-and-death preferences.
Step 2: Execute an Advance Health Care Directive
An Advance Health Care Directive allows you to state your medical wishes if you are unable to communicate them yourself. Without one, hospitals, courts, or even estranged family members may make critical decisions about your care.
Important Note on POLST / MOLST Forms:
Physician Orders for Life-Sustaining Treatment (POLST) or Medical Orders for Life-Sustaining Treatment (MOLST) are medical orders often presented in hospitals, nursing facilities, or emergency settings. Unlike advance directives, these forms take immediate effect and may result in the withdrawal or withholding of life-sustaining care, including food and water.
In many states, POLST/MOLST forms function as active medical orders and may be followed even if they conflict with a previously executed advance health care directive. For this reason, these forms should never be signed without careful review and must be consistent with your values and wishes.
We Recommend:
- Clearly affirming your desire for food, water, and other medical care.
- Avoiding vague language that could be broadly interpreted.
- Unless you wish to prohibit organ donation entirely, discussing donation preferences with your health care agent rather than including them in the directive itself.
- If you are religious, including your desire for visits by clergy, prayer, and the reception of sacraments or other rites.
- Checking your medical records to determine whether a POLST or MOLST form has previously been completed and seeking guidance if it does not reflect your current wishes. The process for revoking or revising the form varies by state.
A well-drafted advance directive is one of the strongest protections you can put in place.
Important: Even a carefully written advance directive may be challenged or limited if a physician or hospital determines that further treatment is “medically futile.” These determinations can be subjective and may conflict with a patient’s wishes. This is another reason it is critical to designate a strong health care agent who understands your values and is prepared to advocate for you.
Step 3: Designate a Trusted Health Care Agent Who Understands Your Values
Choosing a health care agent is not a formality—it is one of the most important decisions you will ever make.
Your agent should:
- Understand—and preferably share—your beliefs about the dignity of human life.
- Be willing to advocate firmly for food, water, and other life-sustaining care, even if provided medically.
- Be prepared to challenge medical decisions if necessary.
- Know when and how to seek outside help.
Do not assume “any family member will do.” In moments of crisis, clarity and conviction matter.
Step 4: Share Your Wishes with Your Family
Many of the most tragic cases Life Legal encounters do not arise from bad intentions, but from:
- Confusion or fear
- Disagreement among loved ones
- Assumptions about “what the patient would have wanted”
A clear conversation now can prevent irreversible decisions later.
We Encourage You To:
- Explain your wishes in plain language.
- Let family members know who your health care agent is.
- Share where your documents are stored and how to access them.
Step 5: Learn the Warning Signs of Medical Abandonment
Medical abandonment often begins subtly and escalates quickly.
Warning Signs Include:
- Comments about a patient’s “quality of life”
- Being informed that an ethics committee review or meeting has been scheduled regarding care
- Pressure to sign a “Do Not Resuscitate” (DNR) order or move to “comfort care”
- Sudden withdrawal or reduction of medications
- Reductions in nutrition or hydration
- Being excluded from treatment decisions
If you hear these phrases or notice sudden changes in care, time is critical.
Step 6: Keep Life Legal’s Number Accessible
When life-threatening decisions are made, delays can be fatal.
Life Legal regularly intervenes—often with only hours to spare—to:
- Restore food and water
- Stop unlawful withdrawal of care
- Protect patient and family rights
- Ensure that vulnerable individuals are not abandoned
We encourage you to save our contact information now and share it with your health care agent and family.
📞 707-224-6675
✉️ help@lifelegal.org
Life Legal is here to help.
Our Moral Foundation
Life Legal is guided by longstanding moral teaching that food and water—even when provided medically—are ordinary care, not extraordinary treatment. They should not be withdrawn from patients because of disability, brain injury, or prognosis.
This principle reflects respect for inherent human dignity and underlies our work defending the vulnerable in medical settings across the country.
Legal Disclaimer
This page is provided for educational and informational purposes only and does not constitute legal or medical advice. Individual circumstances vary, and readers are encouraged to seek professional guidance appropriate to their situation.