Life Sustaining Statute, District Of Columbia
Statutory Declaration in Conformance with District of Columbia Natural Death Act of 1981, D.C. Code Section 6-2422
DECLARATION OF __________________
Declaration made this __________ day of ________________ 20________. I, ________________, being of sound mind, willfully and voluntarily make known my desires that my dying shall not be artificially prolonged under the circumstances set forth below, do declare:
If at any time I should have an incurable injury, disease, or illness certified to be a terminal condition by two physicians who have personally examined me, one of whom shall be my attending physician, and the physicians have determined that my death will occur whether or not life- sustaining procedures are utilized and where the application of life-sustaining procedures would serve only to artificially prolong the dying process, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide me with comfort care or to alleviate pain.
In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this declaration shall be honored by my family and physicians as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal.
I understand the full import of this declaration and I am emotionally and mentally competent to make this declaration.
________________________________________
City of residence: _____________________
County of residence: __________________
State of residence: ____________________
Date: __________________________________I believe the Declarant to be of sound mind. I did not sign the Declarant’s signature above for or at the direction of the Declarant. I am not related to the Declarant by blood or marriage, entitled to any portion of the estate of the Declarant according to the laws of in testate succession of the District of Columbia or under any will of Declarant or codicil thereto, or directly financially responsible for Declarant’s medical care. I am not the Declarant’s attending physician, an employee of the attending physician, or an employee of the health facility in which the Declarant is a patient.
Witness ___________________________________________Witness ___________________________________________
Date: ___________________Statutory Declaration in Conformance with District of Columbia Natural Death Act of 1981, D.C. Code Section 6-2422
Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This simple Life Sustaining Declaration is valid in the District of Columbia. Check with a local hospital or doctor’s office, as well as with an experienced medical attorney, to assure yourself of its compliance with current statute (s) in your state.
1. Make multiple copies. Give one to your doctor (s), the local hospital, and have others available through your attorney and family. Remember, these kinds of documents are needed in emergency situations at worst and under stressful circumstances at best. So be sure they are available to the appropriate people easily, when needed.
Frequently Asked Questions
What is the Life Sustaining Statute in the District of Columbia?
The Life Sustaining Statute in the District of Columbia refers to the statutory declaration process established by the District of Columbia Natural Death Act of 1981, as codified in D.C. Code Section 6-2422. It allows individuals to make a declaration that their dying shall not be artificially prolonged under certain circumstances. The statute provides a legal framework for withholding or withdrawing life-sustaining procedures when specific conditions are met.
How do I make a declaration under the District of Columbia Natural Death Act?
To make a declaration, you must complete a statutory declaration form in conformance with the District of Columbia Natural Death Act of 1981. The form requires you to state your name, the date, and your sound mind, and to willfully and voluntarily express your desires regarding life-sustaining procedures. The declaration must be made in accordance with D.C. Code Section 6-2422.
What conditions must be met for life-sustaining procedures to be withheld or withdrawn in D.C.?
According to the declaration, life-sustaining procedures may be withheld or withdrawn if you have an incurable injury, disease, or illness certified to be a terminal condition by two physicians who have personally examined you, one of whom is your attending physician. The physicians must determine that your death will occur whether or not life-sustaining procedures are utilized, and that the application of such procedures would serve only to artificially prolong the dying process. Under these circumstances, you direct that such procedures be withheld or withdrawn and that you be permitted to die naturally.
Who needs to certify a terminal condition for a D.C. life sustaining declaration?
A terminal condition must be certified by two physicians who have personally examined you, one of whom shall be your attending physician. This requirement is specified in the declaration text. Both physicians must determine that your death will occur whether or not life-sustaining procedures are utilized.
What is the role of comfort care in the District of Columbia Natural Death Act?
Under the declaration, even when life-sustaining procedures are withheld or withdrawn, you direct that you be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide you with comfort care or to alleviate pain. This ensures that comfort care and pain relief are still provided. The statute explicitly allows for such measures.
Can I request pain relief even if life-sustaining procedures are withheld in D.C.?
Yes, the declaration states that you direct that life-sustaining procedures be withheld or withdrawn and that you be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide you with comfort care or to alleviate pain. Therefore, pain relief is explicitly permitted. This is part of the comfort care provision.
What does 'sound mind' mean in the context of a D.C. life sustaining declaration?
In the declaration, you must state that you are of sound mind when making your desires known. This indicates that you have the mental capacity to understand the nature and consequences of your decision. The statute requires that the declaration be made willfully and voluntarily.
Is the District of Columbia Natural Death Act of 1981 still in effect?
The article references the District of Columbia Natural Death Act of 1981 and D.C. Code Section 6-2422 as the statutory basis for the declaration. It does not provide information on whether the Act has been amended or repealed. For current legal status, you should consult the D.C. Code or a legal professional.
What happens if I am unable to give directions regarding life-sustaining procedures?
The declaration text includes a clause that begins 'In the absence of my ability to give directions regarding the use of such life-sustaining procedure.' However, the provided article text is truncated at that point and does not specify what happens in that situation. The full statute would contain the complete provision.
What is the difference between withholding and withdrawing life-sustaining procedures in D.C.?
The declaration directs that life-sustaining procedures be withheld or withdrawn. Withholding means not initiating such procedures, while withdrawing means stopping procedures that have already begun. Both actions are permitted under the declaration when the specified conditions are met.
