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Nevada, First and Only in the U.S.
BadMoonRising
Posted: Saturday, January 18, 2020 12:52 PM
Joined: 4/22/2017
Posts: 300


The Washington Post article may have a pay wall.

https://www.washingtonpost.com/health/diagnosed-with-dementia-she-documented-her-wishes-for-the-end-then-her-retirement-home-said-no/2020/01/17/cf63eeaa-3189-11ea-9313-6cba89b1b9fb_story.html

But here is a link to the Nevada law mentioned in the article:

"Many states prohibit the withdrawal of assisted feeding,calling it basic 'comfort care' that must be offered. Only one state, Nevada, explicitly recognizes an advance directive that calls for stopping eating and drinking. And that’s via a little-known law that took effect in October."

 Amazingly, Nevada's law removed this declaration from the affidavit":

 [I declare under penalty of perjury that the persons whose names are subscribed to this instrument appear to be of sound mind and under no duress,fraud or undue influence.]

 I haven't yet read the full text of the new law but I'm sure there will be other nuggets that should be shared. 

Edited to remove uintended link.


Michael Ellenbogen
Posted: Saturday, January 18, 2020 7:41 PM
Joined: 11/30/2011
Posts: 2752


Thanks for sharing the article as I know those people. Working hard to change that. 


Lane Simonian
Posted: Sunday, January 19, 2020 10:24 AM
Joined: 12/12/2011
Posts: 4654


Here is the bill history (hit text for the full text; the relevant sections begin on page 9).

https://legiscan.com/NV/bill/SB121/2019

Well, I suppose, we are finally the first and only for something good.


BadMoonRising
Posted: Monday, January 20, 2020 9:13 PM
Joined: 4/22/2017
Posts: 300


Thanks for directing us to page 9. I wasn't too pleased with how the food and water option was written but perhaps it is more direct than other states provide in their medical POA's/advanced directive etc.

Your last statement triggered my memory regarding Nevada's guardianship fiasco. I did see a mention of a guardian in the cited statute but skimmed over it while searching for instructions regarding end of life care. Hopefully I'll be able to read the legislation more throughly in a few days. Some of us may want to move to Nevada at some time in the future. 


Lane Simonian
Posted: Monday, January 20, 2020 11:02 PM
Joined: 12/12/2011
Posts: 4654


You are welcome, BadMoonRising.

We are a bit of a strange state in that the legislature only meets every other year for 120 days.  The legislators all have other jobs and although the staff has become more professional over the years, lobbyists still have considerable power over bills.  It is often hard to track legislation because the language often gets changed considerably between a bill's introduction and its passage.  Sometimes the changes are helpful, sometimes they are not.

Partly because of the influx of people from California, there is a more liberal approach to social issues that sort of mixes with the state's libertarian past.  I think that in part leads to legislation such as this.  I always like to say we are no longer the Mississippi of the West but we are now the California of the East.   

We are also the only state where women are the majority in the Assembly.  Maybe that influences how end of life matters are dealt with as well.