Showing posts with label Elder abuse. Show all posts
Showing posts with label Elder abuse. Show all posts

Thursday, December 19, 2013

Euthanasia: Where there's a Will, there's relatives

By Dee Burton (excerpt)
I liken the death experience to birth when talking to the elderly people I work with - it can be so hard to go through, yet is inevitable.
None can know for absolute sure what, if anything, lies on the other side. Euthanasia promoters make some assumptions about 'nothing' or 'peace', Christians talk of hell for those who have rejected a loving God who lives in heaven.
My biggest concern however is something we do know about - relatives who are keen to get their hands on what is left behind. We've all seen and heard of the acrimony and greed of relatives and lawyers and the pressure they can put on the execution of the Will.
My fear is that legalising of euthanasia will have that pressure put on the dying relatives, and it is so obvious that this will occur.

Saturday, September 28, 2013

Cherelle Samuel: They Drugged My Grandmother and Fed Us Lies

Edited by Margaret Dore, click here to view original

From beginning to end my grandma was a fighter who was battling stage IV stomach cancer and was given 6 months to live back in January she outlived their time table, but the story doesn't end with a closed book.

I moved in with her in March this year and was with her every step of the way so my final decision came from what I thought was from the heart.  We had a few good months where we would go out and she would go to gamble. She always kept a smile on her face up until the last few days we had with her.

Friday, June 7, 2013

Beware of Vultures

"[I]t seems odd that the top lobby spender in Montana this year was Compassion and Choices, a 'nonprofit' group that spent $160,356 advocating for legalization of assisted suicide."
By Senator Jennifer Fielder

As we wrangled through the budget this spring, the beautiful state capitol began to feel like a big, ripe carcass with a dark cloud of vultures circling about. 
Senator Jennifer Fielder

The magnitude of money in government attracts far more folks who want to be on the receiving end than it does those who just want fair and functional government. Until that ratio improves, it may be impossible to rein in unnecessary regulation and spending. 

Special interest groups spent over $6 million dollars on lobbyists to pressure Montana legislators during the 2013 session. Seems like a lot of money, until you compare it to the billions of taxpayer dollars at stake. Does the average taxpayer stand a chance against organized forces like that?

As your Senator one of my main duties is to sort out who wants your money, or a change in a law, and why. Getting to the bottom of it takes work. It would certainly help if well-intentioned citizens would do a little more research before clamoring onto any particular bandwagons as well.

We have to be careful not to be fooled by catchy slogans, shallow campaign propaganda, biased media reports, or plays on our emotions which, too often, conceal a multitude of hidden agendas. 

For example, it seems odd that the top lobby spender in Montana this year was Compassion and Choices, a “nonprofit” group that spent $160,356 advocating for legalization of assisted suicide. The second biggest spender was MEA-MFT, the teachers and public employees union who spent $120,319 pushing for state budget increases.

I earned a reputation for asking a lot of questions. I certainly didn’t take this job to rubber stamp anything. It's my duty to determine whether a proposal relates to an essential, necessary service of fair and functional government, or if it is motivated by piles of money to be gained from ill-advised government decisions.

You see, there is so much money in government that almost everything in government is about the money. The usual tactic is to disguise a ploy as “the humane thing to do”. . . .

Some groups work very hard to provide factual information about their issue. Others stoop to the lowest of lows to invoke heart wrenching emotions, twisted half-truths, or outright lies. You really have to look carefully for all the angles.

Assisted suicide is another issue that can be highly emotional. There are deep and valid concerns on both sides of this life and death debate. But I found myself wondering, “Where does all the lobby money come from?” If it really is about a few terminally ill people who might seek help ending their suffering, why was more money spent on promoting assisted suicide than any other issue in Montana?

Could it be that convincing an ill person to end their life early will help health insurance companies save a bundle on what would have been ongoing medical treatment? How much would the government gain if it stopped paying social security, Medicare, or Medicaid on thousands of people a few months early? How much financial relief would pension systems see? Why was the proposed law to legalize assisted suicide [SB 220] written so loosely? Would vulnerable old people be encouraged to end their life unnecessarily early by those seeking financial gain? 

When considering the financial aspects of assisted suicide, it is clear that millions, maybe billions of dollars, are intertwined with the issue being marketed as “Compassion and Choices”. Beware.

Public issues are not easy, and they are not always about money. But often times they are. If we want fair and functional government, we need to look deeper than most people are willing to look.. . .

* * *
Published as Communication from Your State Senator, "Beware of Vultures," by Montana State Senator Jennifer Fielder, Sanders County Ledger, http://www.scledger.net, page 2, 6-4-13. Senator Fielder lives in Thompson Falls MT, representing Montana State Senate District 7.

Tuesday, May 21, 2013

Vermont: Jackowski: Assisted suicide is not the answer

http://vtdigger.org/2013/05/20/jackowski-assisted-suicide-is-not-the-answer/

Posted By Opinion On May 20, 2013 @ 11:00 pm

Editor’s note: This op-ed is by Rosemarie Jackowski, an advocacy journalist and peace activist who is the author of “Banned in Vermont.”

The “assisted suicide bill” does exactly what it is designed not to do. It will eliminate choice for the most vulnerable. Unintended consequences are sure to follow. We need more, not fewer rights. Government-approved suicide as an end-of-life option does not give more rights — in reality it takes them away.

Some legislators promise “safeguards.” There are no safeguards that can ensure that there will not be abuse. Some of the most vulnerable will be pressured to end it all for the convenience and sometimes for the financial benefit of others. Patients will be unduly influenced into giving in to family members. Many elderly/disabled have loving supportive families. It is those who do not who are at the highest risk. There is no way that abuse can be prevented. Imagine being isolated with caregivers — Stockholm syndrome.

The assisted suicide law will deprive many of choice. Recent history shows that more than 300 cases of reported abuse of the disabled/elderly have been ignored by the state. This is evidence that the state cannot protect the vulnerable. The assisted suicide law will add another layer of risk. It will make things worse.

Monday, April 29, 2013

Vote NO on S.77, A Legal Analysis

Updated May 8, 2013
Dear Vermont Legislator:

This letter provides a legal analysis of the assisted suicide bill, S.77.  To view my memo containing that analysis, click here.  To view the memo's attachments, which include a copy of S.77, click here.

The memo's main points include:

1.  The bill is not limited to people who are dying.  Some of the people at issue will have years to live.  The bill encourages such persons to throw away their lives.

2.  The claim that the bill will assure patient control is untrue.

3.  There is a complete lack of oversight over administration of the lethal dose, which allows it to be administered without patient consent (and without anyone knowing that administration was without patient consent).

4.  The application process has problems:  (1) an heir who will benefit from death is allowed to talk for the patient during the lethal dose request process; and (2) there is nothing to prevent an heir from procuring the patient's signature under circumstances that would constitute undue influence in the context of a will. 

5.  Legalization will create new paths of elder abuse.  I give the example of Thomas Middleton in Oregon.

6.  Guardians and Conservators will not be able to protect their wards from being pushed to suicide and/or other involuntary death.

7.  Legalization will bring stress, trauma and fear (with examples from Oregon and Washington).

8.  In Washington, where we have now had legal assisted suicide for just four years, we have already had proposals to expand our law to direct euthanasia of non-terminal people.  There has also been the the suggestion that we should employ euthanasia as a solution for people who can't afford their own care, which would be involuntary euthanasia.

9.  Any claim that legalization will end murder-suicide and/or violent suicides is baloney.

Margaret Dore
Law Offices of Margaret K. Dore, P.S.
www.margaretdore.com
www.choiceillusion.org
1001 4th Avenue, 44th Floor
Seattle, WA  98154
206 389 1754
206 389 1562 direct line 

Wednesday, April 3, 2013

"Once in place, this 'trend' is not controllable"

Dear Senators:

For those of you who don't know me, I am an attorney in Washington state where physician-assisted suicide is legal. I am writing to urge you to not make Washington's mistake by allowing assisted suicide/euthanasia to become part of your state's legal fabric.  Once in place, this "trend" is not controllable.  I urge you to vote "Yes" on HB 505 to clearly state that assisted suicide is not legal in Montana. 

In 2008, we voted for a law to legalize assisted suicide for persons predicted to have less than six months to live.  Voters were promised that "only" the patient could take the lethal dose.  Our law does not say that anywhere.  By 2011, there were newspaper proposals to expand our law to direct euthanasia for non-terminal persons.  Last year, a friend sent me this article in our largest paper suggesting euthanasia for people unable to afford their own care, which would be involuntary euthanasia.  See http://seattletimes.nwsource.com/text/2017693023.html ("After Monday's column,  . . . a few [readers] suggested that if you couldn't save enough money to see you through your old age, you shouldn't expect society to bail you out.  At least a couple mentioned euthanasia as a solution.")  (Emphasis added).

In my law practice, I have had two clients whose parents signed up for the lethal dose.

In one case, one side of the family wanted the parent to take the lethal dose while the other did not.  The parent spent the last  months of his life traumatized and/or struggling over the decision of whether or not to kill himself.  My client was also traumatized.  The parent did not take the lethal dose and died a natural death

In the other case, it's unclear that the parent's death was voluntary.  This was due to his reportedly refusing to take the lethal dose at his first suicide party and then being high on alcohol the next night when he drank the dose at a second party.  (The person who told this to my client recanted).  But, as a lawyer who has worked on divorce cases, I couldn't help but notice that if the parent's much younger wife had divorced him, the parent would have got the house.  This way, the surviving wife got everything. 

Meanwhile, my friends who provide elder care report that they now have to "guard" their clients in the hospital to avoid the initiation of "comfort care" (morphine overdose and the sudden death of the client).   See e.g.  http://www.montanansagainstassistedsuicide.org/2012/07/dear-montana-board-of-medical-examiners.html

Montana

In Montana, you have had similar developments.  In 2007, the Baxter case was initiated seeking to legalize physician-assisted suicide for "terminally ill adult patients," the implication being that the practice would be limited to dying people.  The proposed definition of "terminally ill adult patient," however, was broad enough to include an otherwise healthy 18 year old dependent on insulin.  See http://choiceisanillusion.files.wordpress.com/2012/07/schrempp_wonderly_opn_ltr1.pdf 

In late 2009, the Baxter opinion was issued in your Supreme Court ruling that doctors who assist a suicide in certain narrowly defined circumstances have a defense to prosecution if charged with homicide.  Since then, I have been contacted by several Montanans describing the misuse or abuse of "comfort care" against their loved ones.  Three of these persons have specifically endorsed HB 505, see for example, this letter by Carol Mungas, the widow of a prominent physician who was euthanized by nurses against his will.  See http://www.montanansagainstassistedsuicide.org/2013/03/i-support-house-bill-505-which-clearly.html  

Last month in the Senate Judiciary Committee, a doctor described his assisting three suicides in Montana.  See http://www.greatfallstribune.com/apps/pbcs.dll/article?AID=2013303260026 

If he is not prosecuted, or if the prosecution fails, assisted suicides will thereby be encouraged and, given Washington's experience, there will be a push to expand the practice to less compelling cases, for example, persons with treatable diabetes.  If, instead, HB 505 is enacted, there will be a clear statement going forward that assisted suicide is not legal in Montana.

This is why HB 505 is needed now.

Thank you for your consideration.

Margaret Dore
Law Offices of Margaret K. Dore, P.S.
Choice is an Illusion, a nonprofit corporation
www.margaretdore.com
www.choiceillusion.org
1001 4th Avenue, 44th Floor
Seattle, WA 98154

Friday, March 8, 2013

"Because of my mother's experiences, I no longer believe in "physician-assisted suicide.' Support House Bill 505."

Family member's 'accidental' death provides example for opposition to assisted suicide

http://www.ravallirepublic.com/news/opinion/mailbag/article_2051b845-5a8d-5cdc-be0e-0b7bfbb5e2bf.html?comment_form=true 

This letter is being written for a right to live.  We taxpayers paid a phenomenal amount of money when others decided it was time for my mother to die.  She would not die!  Three times she defied attempts on her life, costing her bed sores, hospice and her daughter being arrested while helping her (the latter arrest record was dismissed).

Mom succumbed in the hospital on Sept. 6, 2010.  The coroner's report case No. 100906 lists congestive heart failure with oxygen deprivation and fentanyl therapy.  The manner of death: accident.

Fentanyl is reported "to be 80 to 200 times as potent as morphine."  A fentanyl patch of 100 mcg/hour has a range within 24 hours of 1.9-3.8ng/mL. Mom's death result was 2.7 ng/mL on or about 48 hours.

Complaint No. 2012-069-MED was filed with the Montana Department of Labor and Industry Board of Medical Examiners. The screening panel voted to dismiss the complaint with prejudice, which means the board may not consider the complaint in the future.

Because of my mother's experiences, I no longer believe in "physician-assisted suicide."  Support House Bill 505.

Gail Bell,
Bozeman

Thursday, January 24, 2013

Oregon's New Statistics

By Margaret Dore, Esq.

Oregon's assisted suicide statistics are out for 2012.[1]

This annual report is similar to prior years.  The preamble implies that the deaths were voluntary (self-administered), but the information reported does not address that subject.[2]

Oregon's assisted suicide law allows the lethal dose to be administered without oversight.[3]  This creates the opportunity for an heir, or someone else who will benefit from the patient's death, to administer the lethal dose to the patient without his consent, for example, when the patient is asleep.  Who would know?

The new Oregon report provides the following demographics:  

"Of the 77 DWDA deaths during 2012, most (67.5%) were aged 65 years or older; the median age was 69 years.  As in previous years, most were white (97.4%), [and] well-educated (42.9% had at least a baccalaureate degree) . . . ."[4]  Most (51.4%) had private health insurance.[5]

Typically persons with these attributes are seniors with money, which would be the middle class and above, a group disproportionately victims of financial abuse and exploitation.[6]

As set forth above, Oregon's law is written so as to allow the lethal dose to be administered to patients without their consent and without anyone knowing how they died.  The law thus provides the opportunity for the perfect crime.  Per the new report, the persons dying (or killed) under that law are  disproportionately seniors with money, a group disproportionately victimized by financial abuse and exploitation.

Oregon's new report is consistent with elder abuse.

Footnotes:

[1]  The new report can be viewed here: http://public.health.oregon.gov/ProviderPartnerResources/EvaluationResearch/DeathwithDignityAct/Documents/year15.pdf and http://choiceisanillusion.files.wordpress.com/2013/01/year-15-2012.pdf
[2]  Id.
[3]  Oregon's law can be viewed here:  http://public.health.oregon.gov/ProviderPartnerResources/EvaluationResearch/DeathwithDignityAct/Pages/ors.aspx
[4]  Report cited at note 1.
[5]  Id.
[6]  See "Broken Trust:  Elders, Family, and Finances," a Study on Elder Financial Abuse Prevention, by the MetLife Mature Market Institute, the National Committee for the Prevention of Elder Abuse, and the Center for Gerontology at Virginia Polytechnic Institute, March 2009.

Tuesday, January 8, 2013

Chicago lottery winner's death ruled a homicide

From Kate Kelly:

It seems ageism is getting younger. The victim in this case was 46 years old. Note that, except for a concerned relative's persistence, this murder would have gone undetected. Apparently it is not considered "suspicious" when you die suddenly at 46 - even when you have "suddenly" become wealthy...

http://news.yahoo.com/chicago-lottery-winners-death-ruled-homicide-181627271.html 

By Jason Keyser, Associated Press 

CHICAGO (AP) — With no signs of trauma and nothing to raise suspicions, the sudden death of a Chicago man a day after he collected a large pile of lottery winnings was initially ruled a result of natural causes.
This undated photo provided by the Illinois Lottery shows Urooj Khan, 46, of Chicago's West Rogers Park neighborhood, posing with a winning lottery ticket. The Cook County medical examiner said Monday, Jan. 7, 2013, that Khan was fatally poisoned with cyanide July 20, 2012, a day after he collected nearly $425,000 in lottery winnings.  (AP Photo/Illinois Lottery)
Urooj Khan with lottery ticket


Nearly six months later, authorities have a mystery on their hands after medical examiners, responding to a relative's pleas, did an expanded screening and determined that Urooj Khan, 46, died shortly after ingesting a lethal dose of cyanide. The finding has triggered a homicide investigation, the Chicago Police Department said.

"It's pretty unusual," said Cook County Medical Examiner Stephen Cina, commenting on the rarity of cyanide poisonings. "I've had one, maybe two cases out of 4,500 autopsies I've done."

In June, Khan, who owned a number of dry cleaners, stopped in at a 7-Eleven near his home in the West Rogers Park neighborhood on the city's North Side and bought a ticket for an instant lottery game.

He scratched off the ticket, then jumped up and down and repeatedly shouted " I hit a million," Khan recalled days later during a ceremony in which Illinois Lottery officials presented him with an oversized check. He said he was so overjoyed he ran back into the store and tipped the clerk $100.  "Winning the lottery means everything to me," he said at the June 26 ceremony, also attended by his wife, Shabana Ansari; their daughter, Jasmeen Khan; and several friends. He said he would put some of his winnings into his businesses and donate some to a children's hospital.

Khan opted to take his winnings in a lump sum of just over $600,000. After taxes, the check, issued July 19 from the state Comptroller's Office, was about $425,000, said lottery spokesman Mike Lang.

Khan died a day later.

No signs of trauma were found during an external exam and no autopsy was done because, at the time, the Cook County Medical Examiner's Office didn't automatically perform them on those 45 and older unless the death was suspicious, Cina said. The cut-off has since been raised to age 50.

A basic toxicology screening for opiates, cocaine and carbon monoxide came back negative, and the death was ruled a result of the narrowing and hardening of coronary arteries.

But a relative came forward and asked authorities to look into the case further, Cina said. He refused to identify the relative.

"She (the morgue worker) then reopened the case and did more expansive toxicology, including all the major drugs of use, all the common prescription drugs and also included I believe strychnine and cyanide in there just in case something came up," Cina said. "And in fact cyanide came up in this case."
Chicago Police Department spokeswoman Melissa Stratton confirmed the department was now investigating the death and said detectives were working closely with the Medical Examiner's Office.  

 

Monday, December 31, 2012

"Assisted suicide in Washington and Oregon is a recipe for elder abuse and cloaked in secrecy"

http://missoulian.com/news/opinion/mailbag/oregon-washington-assisted-suicide-laws-include-no-protections-for-patients/article_074c4378-507b-11e2-8348-001a4bcf887a.html

By, Margaret Dore, Esq.  Supporting documentation follows letter, below.

Re: Susan Hancock, “Death with Dignity is about giving people choices" (Dec. 20, guest column):

I disagree with Susan Hancock’s description of how the Washington and Oregon assisted suicide laws work. I disagree that assisted suicide cannot be forced upon an unwilling person.

The Oregon and Washington assisted suicide acts have a formal application process. The acts allow an heir, who will benefit from the patient’s death, to actively participate in this process.

Once the lethal dose is issued by the pharmacy, there is no oversight. For example, there is no witness required at the death. Without disinterested witnesses, the opportunity is created for an heir, or for another person who will benefit from the patient’s death, to administer the lethal dose to the patient without his consent. One method would be by injection when the patient is sleeping. The drugs used in Oregon and Washington are water soluble and therefore injectable. If the patient woke up and struggled, who would know?

The Washington and Oregon acts require the state health departments to collect statistical information for the purpose of annual reports. According to these reports, users of assisted-suicide are overwhelmingly white and generally well-educated. Many have private insurance. Most are age 65 and older. Typically persons with these attributes are seniors with money, which would be the middle class and above, a group disproportionately at risk of financial abuse and exploitation.

The forms used to collect the statistical information do not ask about abuse. Moreover, not even law enforcement is allowed to access information about a particular case. Alicia Parkman a mortality research analyst at the Center for Health Statistics, Oregon Health Authority, wrote me: “We have been contacted by law enforcement and legal representatives in the past, but have not provided identifying information of any type.“

Assisted suicide in Washington and Oregon is a recipe for elder abuse and cloaked in secrecy. Don’t make our mistake.

Supporting documentation below.

Margaret Dore,
Seattle, Wash.

Thursday, November 22, 2012

Elder financial abuse 'more brazen and diverse,' deputy DA says


By GEORGE CHAMBERLIN, Executive Editor
Tuesday, November 20, 2012

Paul Greenwood is a great crime fighter. In particular, in his role as a deputy district attorney in San Diego, he heads up the elder abuse prosecution unit.  That's why he was invited to testify last week at a hearing in Washington, D.C., called by the Senate Special Committee on Aging, titled, “America’s Invisible Epidemic: Preventing Elder Financial Abuse.”

Greenwood said at least 65 percent of his office’s prosecutions involve some form of financial exploitation.

“The conduct of the criminals is becoming more brazen and diverse," Greenwood testified. "The perpetrators are constantly developing new ways to gain access to our seniors’ life savings and have focused upon a generation that typically has been more trusting and less able or willing to self-report the victimization.”

That hesitancy makes it difficult to determine the size of the crimes.

“While the costs associated with elder financial abuse are estimated at $2.9 billion each year, financial abuse often goes unrecognized because victims are too afraid or embarrassed to report the crime to authorities,” said Sen. Herb Kohl, chairman of the committee.

Monday, October 29, 2012

Assisted Suicide Users are Older People with Money

By Margaret Dore, Esq., Updated October 29, 2012

Users of assisted suicide in Oregon and Washington are overwhelmingly white and generally well-educated.[1]  Many have private insurance.[2]  Most are age 65 and older.[3]  Typically persons with these attributes are seniors with money, which would be the middle class and above, a group disproportionately at risk of financial abuse and exploitation.[4] 

In the United States, elder financial abuse costs elders an estimated $2.9 billion per year.[5] Perpetrators include strangers, family members and friends.[6]. The goals of financial abuse perpetrators are achieved "through deceit, threats, and emotional manipulation of the elder."[7]

The Oregon and Washington assisted suicide acts, and the similar Massachusetts proposal, do not protect users from this abuse. Indeed, the terms of these acts encourage abuse. These acts allow heirs and other persons who will benefit from an elder's death to actively participate in his or her lethal dose request.[8] There is also no oversight when the lethal dose is administered, not even a witness is required.[9] This creates the opportunity for an heir, or someone else who will benefit from the person's death, to administer the lethal dose to that person without his consent.[10]  Even if he struggled, who would know?

This is not to say that all persons who use the Oregon and Washington acts are subject to abuse or that their actions are not voluntary.  Rather, the Oregon and Washington acts do not protect such persons from abuse.  Neither will the Massachusetts proposal.

For more information about problems with the Massachusetts' proposal, click here and here. For a "fact check" on the proposal, click here.

[1] See the most current official report from Washington State, "Washington State Department of Health 2011 Death with Dignity Act Report, Executive Summary ("Of the 94 participants in 2011 who died, . . . 94% were white, non-Hispanic . . .75 percent had at least some college education"), available at http://www.doh.wa.gov/portals/1/Documents/5300/DWDA2011.pdf  See also the most current official report from Oregon, also for 2011 ("most [users] were white (95.6%) [and] well-educated (48.5% had at least a baccalaureate degree) . . .", available at http://public.health.oregon.gov/ProviderPartnerResources/EvaluationResearch/DeathwithDignityAct/Documents/year14.pdf
[2] See Washington's report in note 1, page 5, table 2 (46% had private insurance only, or a combination of private and Medicaid/Medicare).  See Oregon's report in note 1("patients who had private insurance (50.8%) was lower in 2011 than in previous years (68.0%). . ."
[3] See Washington's report in note 1, page 5, Table 2 (74% were aged 65 or older).  See Oregon's report in note 1, page 2 ("Of the 71 DWDA deaths during 2011, most (69.0%) were aged 65 years or older; the median age was 70 years").
[4]  Educated persons are generally financially better off than non-educated persons; persons with private insurance have funding to pay for it; seniors generally are well off.  See "Broken Trust:  Elders, Family, and Finances, a Study on Elder Financial Abuse Prevention, by the MetLife Mature Market Institute, the National Committee for the Prevention of Elder Abuse, and the Center for Gerontology at Virginia Polytechnic Institute, March 2009, Executive Summary, page 4 ("Elders’ vulnerabilities and larger net worth make them a prime target for financial abuse").
[5]  The Met Life Study of Elder Financial Abuse, " Crimes of Occasion, Desperation, and Predation Against America's Elders," June 2011, page 2, key findings ("The annual financial loss by victims of elder financial abuse is estimated to be at least $2.9 billion dollars, a 12% increase from the $2.6 billion estimated in 2008"). 
[6] Id.
[7] Id., page 3.
[8] See e.g. Margaret K. Dore, "'Death with Dignity': What Do We Advise Our Clients?," King County Bar Association, Bar Bulletin, May 2009; and Margaret K. Dore, Memo to Joint Judiciary Committee (regarding Bill H.3884, now Ballot Question No. 2), Section III
[9] Id.  See also entire proposed Massachusetts Act at http://choiceisanillusion.files.wordpress.com/2011/10/ma-initiative.pdf
[10]  The drugs used, Secobarbital and Pentobarbital, are water and alcohol soluable, such that they can be injected without consent, for example, to a sleeping individual.  See "Secobarbital Sodium Capsules, Drugs.Com, at  http://www.drugs.com/pro/seconal-sodium.html  If the person wakes up and trys to fight, who would know? 

Monday, October 22, 2012

Canada: Russian bride leaves elderly man with $25 K welfare bill

Another example of an older person who was easily persuaded to act in someone else's best interests, not his own. The Canadian government, instead of helping him, is billing him.

http://ca.news.yahoo.com/russian-bride-leaves-elderly-man-25k-welfare-bill-094830580.html


An 82-year-old B.C. pensioner is on the hook to the government for $25,000, after marrying a Russian woman who left him the day after she got permanent resident status in Canada.
“Several times I thought I will have a nervous breakdown over this,” said Heinz Munz, of Black Creek.
Munz said he believes his now ex-wife used him, with the help of her daughter, to get legal status in Canada. He is going public because the B.C. government is now forcing him to pay for social assistance she collected after she left.

Thursday, October 18, 2012

Massachusetts: Bob Joyce on Elder Abuse, etc. - Vote No on Question 2

Dear Editor:

It's not clear why The Bulletin titled Joe Galeota's recent column as it did ["Terrible," October 11, 2012].

If it's because the column offered no information about the content of the physician-prescribed suicide referendum, I agree. That is terrible. . . .

Let's get serious, and consider just a few of the many reasons why voters should defeat this flawed bill.

The referendum shockingly increases the risk of abuse to elders, many of whom do not have loving families and/or have lost their circle of friends and/or have no one to advocate for them. We should consider that Massachusetts had 19,500 reported cases of elder abuse in 2011. There are insufficient elder abuse investigators to keep up with the 54 new cases reported each day. One study has suggested that there are 23.5 unreported cases for every one reported case.

The referendum does not even provide the level of protection required when a person signs a will in Massachusetts (i.e., two disinterested witnesses), and there is absolutely no oversight at the time the lethal drugs would be administered. 

The Massachusetts Medical Society, representing more than 24,000 physicians and medical students, opposes the bill. So does the American Medical Society.

Insurance companies, hospitals and governmental medical providers have a clear and compelling financial interest in denying us of adequate end-of-life care.

How much do you trust insurers, hospitals and governments? Unless you answer "with my life," you should oppose physician-prescribed suicide and vote NO on Question Two.

It would indeed be "terrible"  if we allow this referendum to pass!

Robert W. Joyce

Tuesday, October 16, 2012

Defeating Assisted Suicide Before it Gets Started

I'm giving a lecture this weekend titled: "Arguing Smart: Defeating Assisted Suicide & Euthanasia Before it Gets Started."

The course description is below.  A hard copy of the course materials can be viewed by clicking here.

Margaret Dore

Course Description:

In 2010, assisted suicide advocates targeted Idaho for legalization of assisted suicide, which they termed "aid in dying." Their legal director owned a home there and was in the state actively meeting people, talking to newspapers and otherwise drumming up support. The legal director had also got an article published in The Advocate, the official publication of the Idaho State Bar Association. And then she was defeated by nine well-placed letters.

Ripping off Grandma: Why seniors should practice tough love

http://www.theglobeandmail.com/globe-investor/personal-finance/household-finances/ripping-off-grandma-why-seniors-should-practice-tough-love/article4614312/

Published Monday, Oct. 15 2012, 8:07 PM EDT
Last updated Tuesday, Oct. 16 2012, 9:18 AM EDT

The Bank of Grandma and Grandpa needs to toughen up.

It’s one thing for seniors to plan inheritances for family members and provide cash gifts when affordable.

Where they must set limits is in co-signing or guaranteeing loans for relatives.

Seniors guaranteeing loans is bad business and it also comes dangerously close to elder financial abuse, an unseen but serious problem that can leave seniors destitute.

Elder financial abuse means the illegal or unauthorized use of seniors’ assets – money or property. Laura Tamblyn Watts, a lawyer and senior fellow at the Canadian Centre for Elder Law, said research shows one in 12 seniors will experience financial abuse. Given how under-reported the problem is, she suspects the actual figure is one in eight.

Sunday, October 14, 2012

What about the seriously ill or disabled people who want to live?

http://doughtyblog.dailymail.co.uk/2012/10/what-about-the-seriously-ill-or-disabled-people-who-want-to-live.html

The "Liverpool Pathway":  "It comes down to this: there are a lot of people who believe that, rather than trying to help their loved ones, hospitals have been keen to kill them off."

What about the seriously ill or disabled people who want to live?

By Stephen Doughty, 12 October 2012 6:56 PM


We have heard an awful lot about the suffering of people who bear terrible afflictions or disabilities and who wish to die. We have heard very little about the desperately sick who want to live, and the families who stand by them in hope.

It is looking like we have got this the wrong way round.

The highly organised campaign for assisted dying has brought together pressure groups, think tanks, celebrities like Sir Terry Pratchett, and some fairly prominent politicians, notably in recent years Tony Blair’s Lord Chancellor and one-time flatmate, Lord Falconer.

It has been based around a brilliantly conceived series of legal cases in which the judiciary have been presented with deeply affecting hard cases. Each one has asked for a modest legal concession, usually involving human rights and the 1961 law that makes helping with a suicide a serious crime.

The individuals who have brought these cases are sometimes merely sympathetic and at others pitiable, as in the recent instance of Tony Nicklinson, the 58-year-old victim of 'locked-in syndrome' who lost his call for help from his doctor to die in the High Court in August. Mr Nicklinson died a few days after his legal defeat.

Occasionally the legal campaigns have scored successes. The most notable was that of multiple sclerosis sufferer Debbie Purdy, who persuaded the Law Lords that the Director of Public Prosecutions should provide guidance on whether her husband might face prosecution for assisted suicide, were he to help her travel to the Dignitas clinic in Zurich to die.

As a result of the Purdy case, DPP Keir Starmer QC introduced rules on assisted dying prosecutions that mean no-one is likely to be prosecuted, with the risk of a 14-year-jail term, if they help in the death of someone who is a suffering relative or friend, and if they act out of compassion rather than malice or greed.

However you paint it, this is a major change in the law as set down by Parliament, a law which takes no account of the motives of the individual aiding and abetting the suicide.

Indeed, Mr Starmer has brought no prosecutions against anybody from the trail of stricken families who have helped members travel to Switzerland to die.

What is interesting is that, despite all the campaigning, all the high-profile court cases, all the BBC interviews, all the endless hand-wringing about the cruelty of keeping those who are suffering alive against their will, few people seem to want to take advantage of the new right to die.

We do not have very recent figures, but I would guess that no more than 200 British people have died at Dignitas since the clinic became well-known here in 2003.

It is a number small enough to raise the question of how big, really, is the demand for assisted dying?

The campaign for assisted dying has certainly been effective in influencing care of the incapacitated in the Health Service.

It was surely a factor in the successful passage of the Mental Capacity Act, pushed through by Lord Falconer in the teeth of a rebellion by backbench Labour MPs, which gave legal status to living wills. These mean people can leave orders for their doctors to kill them by withdrawing nourishment and fluid by tube if they become too sick to speak for themselves.

The assisted dying campaign formed the background to the introduction of the Liverpool Care Pathway into hospitals across the country. This, for those who have not noticed, is the system by which medical staff withdraw treatment from those judged to be close to death, in the cause of easing their passing. It often involves heavy sedation and the removal of nourishment and fluid tubes.

I do not wish to try to step into the shoes of those medical professionals and care workers who deal every day with people at the extreme end of life and in the depths of the worst illnesses. I have no qualifications or knowledge to second guess their decisions, and no intention of criticising those who work with great professionalism and compassion in jobs that are far beyond my capability.

But all the indications suggest there are many families who are unhappy with the way in which their relatives have died in hospitals, and that they are increasingly willing to complain about it.

Many of these people may be speaking out of misdirected grief. As one well-informed MP put it to me this week, very few expect a loved one who goes into hospital to die, but people do have the habit of dying. Some of those complaining may be troublemakers, some inspired by political or religious agendas.

Nevertheless there seem to be a lot of them. And they are not celebrities or legal grandees or Westminster faces. They are little people, people like you and me, not the kind you usually hear on the radio or see on the TV.

The courageous Professor Patrick Pullicino, the hospital consultant who defied the NHS consensus to speak out against the Liverpool Care Pathway this summer, reckoned it is used in around 130,000 deaths each year. That is a number that dwarfs the assisted dying lobby.

I think we are going to hear a lot more about the Liverpool Care Pathway, and I think the medical professions, the Department of Health, and a number of politicians are going to have to put some time into considering what has been happening.

It comes down to this: there are a lot of people who believe that, rather than trying to help their loved ones, hospitals have been keen to kill them off.

They believe that, while the assisted dying lobby has been parading in the courts and publicising itself on the BBC, assisted dying has quietly become a reality in our hospitals.

Saturday, October 13, 2012

Massachusetts: Vote no on Question 2

"Ignoring any moral issues, the initiative is vulnerable to abuse and should not be passed into law."

By Anthony Speranza


http://www.salemnews.com/opinion/x1684126269/Column-Vote-no-on-Question-2

This year in Massachusetts, voters will decide on Question 2: an initiative petition to legalize physician-assisted suicide in the commonwealth. Ignoring any moral issues, the initiative is vulnerable to abuse and should not be passed into law.

Dignity 2012, a group in support of the issue referred to as "Death with Dignity," claims the proposed law "contains strict safeguards to ensure that the patient is making a voluntary and informed decision." The safeguards written into the law, however, are insufficient. First, nearly all responsibility rests in the hands of a patient's physician. Section 6 of the initiative states that no patient shall be prescribed the life-ending medication if either of two physicians deem that the patient suffers from a "psychiatric or psychological disorder or depression." While the theory behind this precaution is practical, it falls short of effective. Only 15 days separate the date of request from the date of prescription of the lethal dose. There is no clear definition of what tests must be run in this time to check a patient's mental capacity. According to Jennifer Popik, a medical ethics attorney, "There is no requirement that the patient be given a psychiatric evaluation... This means that a physician ... can prescribe suicide to that patient without even a specialist's evaluation." The "safeguard" concerning mental health is rendered useless because a psychiatric evaluation is not compulsory. A similar law in Oregon serves as a warning: According to a report by the Oregon Public Health Department, of the 71 patients who chose physician-assisted suicide last year, only one was referred for psychiatric evaluation.

Friday, August 31, 2012

New England Journal of Medicine Article Misleading

Dear Editor:

I am a lawyer in Washington State, one of two states where assisted-suicide is legal.  The other state is Oregon, which has a similar law.  Lisa Lehmann's article, "Redefining Physicians' Role in Assisted Dying," is misleading regarding how these laws work.

First, the Oregon and Washington laws are not limited to people in their "final months" of life.[1,2]  Consider for example, Jeanette Hall, who in 2000 was persuaded by her doctor to be treated rather than use Oregon's law.  She is alive today, twelve years later.[3]

Second, these laws are not "safe" for patients.[4][5]  For example, neither law requires a witness at the death.  Without disinterested witnesses, the opportunity is created for the patient's heir, or someone else who will benefit from the patient's death, to administer the lethal dose to the patient without his consent.  Even if he struggled, who would know?  

Third, the fact that persons using Oregon's law are "more financially secure" than the general population is consistent with elder financial abuse, not patient safety.  Do not be deceived. 

* * *

[1]  Margaret K. Dore, "Aid in Dying: Not Legal in Idaho; Not About Choice," The Advocate, official publication of the Idaho State Bar, Vol. 52, No. 9, pages 18-20, September 2010, available at http://www.margaretdore.com/pdf/Not_Legal_in_Idaho.pdf.
[2]  Kenneth Stevens, MD, Letter to the Editor, "Oregon mistake costs lives," The Advocate, official publication of the Idaho State Bar, Vol. 52, No. 9, pages 16-17, September 2010, available athttp://www.margaretdore.com/info/September_Letters.pdf 
[3]  Ms. Hall corresponded with me on July 13, 2012.
[4]  See article at note 1.  See also Margaret Dore, "Death with Dignity": A Recipe for Elder Abuse and Homicide (Albeit Not by Name)," at 11 Marquette Elder's Advisor 387 (Spring 2010), original and updated version available at http://www.choiceillusion.org/p/the-oregon-washington-assisted-suicide.html 
[5]  Blum, B. and Eth, S.  "Forensic Issues: Geriatric Psychiatry." InKaplan and Sadock's Comprehensive Textbook of Psychiatry, Seventh Edition, B. Sadock and V. Sadock editors.  Baltimore, MD: Lippincott, Williams and Wilkins, pp. 3150-3158, 2000. 

Tuesday, August 21, 2012

Support of assisted suicide questioned

http://www.burlingtonfreepress.com/article/20120821/OPINION03/308210010/Letter-Support-assisted-suicide-questioned   Burlington Free Press , 4:03 PM, Aug 20, 2012   |

I would like to commend T.J. Donovan for recognizing the need to enforce the law against those committing physical and financial abuse against the elderly and other vulnerable people. However, according to the Burlington Free Press coverage of the attorney general candidates (Aug. 8), T.J. also supports passage of doctor-prescribed suicide legislation.

My question is this: If an elderly woman can be bullied into turning over her social security check, why doesn't Donovan understand that it is possible to pressure her into making a request for a lethal dose and bullying her into taking it?

BRENDA PEPIN

Montpelier