Feb 28 2007

Mercy killing murder charges: two accused in historic case

Tag: Diarymary @ 2:15 pm

2007-02-28 From: Sydney Morning Herald, AU
Mercy killing murder charges: two accused in historic case

A VOCAL euthanasia advocate has been charged with helping a Sydney woman murder her partner, a former Qantas pilot suffering from dementia, with a lethal drug overdose.

Caren Jenning, 74, and Shirley Justins, 58, were refused bail yesterday after being charged with killing Justins’s partner, 71-year-old Graeme William Wylie. They are believed to be the first murder charges linked to an alleged mercy killing in NSW.

But Jenning may not live to see out her trial. The former Woollahra school teacher and NSW representative of Phillip Nitschke’s euthanasia foundation, Exit International, is dying from breast cancer.

In Manly Local Court yesterday, police said Mr Wylie’s assisted death – at the couple’s Cammeray home on March 22 last year – came almost a year after Swiss authorities rejected a request that he take his own life in Switzerland, where euthanasia is legal.

They rejected his plea because a cognisance test found Mr Wylie was incapable of making the decision, such was his deterioration from dementia, including Alzheimer’s disease.

Jenning, now living in Lane Cove, and Justins made late appearances before the court wearing handcuffs. They were charged with having murdered Mr Wylie with Nembutal, a barbiturate not sold in Australia. Police say the powerful sedative is available here only for veterinary surgeons to destroy animals.

Police alleged Mr Wylie’s dementia was such that he was not capable of trying to find the drug in Australia. Nor had he travelled to Mexico, the only country where it can be freely bought.

Their investigation looked at the travel records of Jenning, in particular a trip to Mexico.

Sergeant Justin Watson police had seized a diary that Jenning kept of her trip and that “she had gone shopping”, but they did not disclose what items were bought.

Dr Nitschke was in Mexico City when the Herald contacted him yesterday. He said he was “looking around at the circumstances and situation faced by our members when they do make this sort of trip”.

He was shocked to be told Jenning and Justins were charged with murder. The pair and Mr Wylie had been supporters of Exit International, Dr Nitschke said.

“[Mr Wylie] had made contact with our organisation … asking for specific information about end-of-life choices, which is how I became involved in the first place,” he said. “The situation seems to occur on a fairly regular basis across the nation where elderly folk are involved with assisting, or accused of assisting, people they clearly care about, but they find themselves caught in this kind of legal nightmare.

“This situation would not occur if we had decent legislation in place like there was 10 years ago in the Northern Territory.”

Justins, a National Trust bush regenerator, had “no connection” with Mr Wylie’s death, according to her barrister, Paul Glissan. But Sergeant Watson alleged listening devices captured Justins talking about Nembutal, while notes about the drug and its consumption had been found in a search of Jenning’s Lane Cove house.

The death of Mr Wylie, who had long been crippled by dementia, has been the subject of civil court action by his daughters, who are contesting a change in the terms of his will and $2.5 million estate that favoured Justins.

But Mr Glissan told the court it was not unusual for a spouse to receive the bulk of an estate and this was a “very tenuous” motive.

“I can’t comment at the moment,” one of the daughters said at her Mosman home last night. “It’s before the courts.”

Mr Wylie, who had flown international flights for Qantas, was found dead in the lounge room of his home by ambulance and police officers. The arrests follow an 11-month investigation by detectives from North Sydney police and homicide investigators attached to the Coroners Investigation Unit.

Mr Wylie’s and Justins’s former neighbours at Cammeray said they were a lovely couple and were often seen walking together in the area. Mr Wylie seemed very frail, he walked slowly, had a small build, grey hair and they were both very friendly. Nobody appeared to know them well.

Both accused women claimed exceptional circumstances as to why bail should be granted – Jenning due to her cancer treatment for cancer, and Justins because of imminent surgery on her mother.

Jenning’s solicitor, Sam Macedone, said she had been at the theatre with friends at the time of Mr Wylie’s death.

He said she had been diagnosed with breast cancer in 1995 and it had now spread into her pelvic and hip region. He said Jenning came to Australia from Berlin when she was four and had lived most of her life in Sydney.

Jenning had known Mr Wylie for 35 years, he said. His first wife had committed suicide and he had also tried to take his own life due to his condition.

Referring to her membership of Exit International, Mr Macedone said of Jenning that if she had a right to die, she would like to control it, but she had never said she would assist in another’s death. She was not ready to die and would fight her cancer.

However, the magistrate, Leslie Brennan, said the police version of events showed the case was “somewhere between an assisted death and actual bringing about of death”.

“On the other hand, while it is still a death and maybe murder, it doesn’t fall in the same category where the deceased had little or no say,” he said.

Mr Brennan said he could grant bail for a charge of murder only in exceptional circumstances, and these were not fulfilled in either woman’s case.

He said Jenning’s defence could provide further evidence of why she should be granted bail for cancer treatment. Both women were remanded to appear in Central Local Court on March 6.

Outside court, Mr Glissan continued to maintain Justins’s innocence, saying Mr Wylie had long expressed the view that he wanted to end his life, and that his de facto wife did not know how the drug came into his hands.

Jenning has long championed the right of the ill to take their own lives.

In a letter to the Herald on January 2 last year, she wrote of her own suffering and railed against new laws that prevented people even discussing the issue of euthanasia with their doctors.

“I am 73 and have breast cancer that has now spread to other parts of my body. I am a long-standing member of various voluntary euthanasia groups including Exit International, Philip Nitschke’s group,” Jenning wrote.  “I have been following the letters on the internet censorship bill that comes into effect on January 6. This bill effectively prevents people from using a ‘carriage service’ – the phone, email, fax or internet – to talk about end-of-life options. This legislation is set to affect me in a very direct way. Soon I will not be able to use the telephone to talk to my doctors about my illness and what it means for me; I cannot talk about doses of medication (in case this is construed as inciting me to take matters into my own hands, something I admit I’m quite keen on, given what lies ahead through this wretched cancer); I cannot talk to Dr Nitschke, who has been most frank and honest in answering my questions about how I might end my life while I still have my dignity. Without the phone and email, my lifelines, I am lost.

“In my 70-odd years I have discovered the implications of feminism and seen the rise and fall of the Communist Party. But I have never seen the type of censorship and restriction that is now being placed upon ordinary Australians wanting access to ordinary information.”

She continued: “Those who made this law – the Criminal Code Amendment (Suicide Related Material Offences) Act 2005 – say teenagers need to be protected from suicide; they say the present suicide rate is disturbing, and they are right. But why should the elderly and terminally ill be the victims of the Government’s zeal?

“This ill-thought-out law is a censoring of an entire generation’s right to assembly, our right to free speech and our right to access information about our end-of-life choices.”

 

Choice wonders???

I wondered after reading this article whether my phone is bugged – how do listening devices get installed in a person’s home for the police to be able to lay charges…and on what grounds would a warrant be executed ?…that a 74 year old woman with breast cancer is handcuffed, will not only hardened people against the politicians whose lack of guts to legislate for choice and dignity in dying,  but also the police who felt it necessary to treat an old woman as a genuine criminal.

It really will be a demonstration Day of Shame in Canberra on March 26th to commemorate the overturning of Marshall Perron’s Northern Territory Legislation, next month.


Feb 28 2007

Until it is LAW, the words are meaningless.

Tag: Diarymary @ 9:00 am

The Age Report below is precisely why I advocate involving no one else in a death.

If one is in their own home we can take it as read that the ability to lift a glass is still possible in 99% of cases, therefore to have assistance, is to put loved ones at risk of their liberty.

I may or may not die badly but in my attempts I will not seek help from anyone. It is the price we must pay because governments will not legislate to protect by statutory ruling, the true definition of “Respecting Patient Choices”. Until it is LAW, the words are meaningless. We want only CHOICE FOR OURSELVES, but even that is to be denied us, because of religious interference in our right to choose for ourselves, end of life choices. There is something really ugly about religious zealots’ sense of superiority.

With the mentality of the New South Wales Right to Life lobbyist being able to have The Peaceful Pill book banned with the Christian blessing of Mr Phillip Ruddock, the Attorney General who has no soul for David Hick’s plight but can stick the boots into the frail elderly and terminally and chronically ill, I hold little hope for these two women. The fact they’ve been charged with Murder which is defined as to kill unlawfully and with “malicious intent” spells it out for anyone left in doubt……vicious? ill will? premeditated malice?.

It is unlawful to drive through a red light, on a quiet street with horn blaring, whilst taking a pregnant woman to hospital (myself!), but sometimes common sense has to over ride the law and when the law refuses to pay heed to the wishes of the masses eg 80% of Victorians (in this State, at least!) people will commit “murder” in order to take care humanely of their suffering loved ones.

Love conquers everything – and helping a person die serenely is the ultimate cost of love. As a soldier lays down his life for a country so too, do people lay down their freedoms……not enough they suffer the loss in death…they have to pay with their remaining freedom. Free of the pain of looking at their loved one’s suffering, they then endure even more pain…that of litigation….Remanded in custody – Really dangerous criminals a 58 and 74 year old – one with breast cancer …..Mustn’t be rich or powerful? I hope they managed a good inexpensive lawyer. The man who died was suffering apparently with Alzheimer’s, but to what degree? One is still able to make decisions.

The RTL good Christian folk will be desperate for a case in which to make an example of the consequences of assisting a suicide, and to all intents and purposes I am assuming that it is genuinely a case of assisted suicide…..let’s hope he left something in writing to protect those who helped him to a quick death.

With Billy Thorpe’s death this morning, I heard on the media “how could anybody be allowed to die of a heart attack with all this technology” and I wanted to scream in frustration, that death is inevitable and given his lifestyle what would the questioner think he’d have wanted for himself…..to die quickly or to lie in a bed possibly paralyzed from a stroke for a year or ten. From Billy Thorpe’s POV what would he have chosen for himself? At the age of 60 and having lived every day of his life with a sense of joy….what a time to exit life…..with no regrets. Remembering “Living Old” the doctor said in interview, “we spend so much time on tests and the more we search we more we find, but at what point do we stop?” “in correcting the heart we find cancer, but how do we decide is the best way forward, – when there is really no where to go?”……….

———————————-

Women remanded over poisoning death
February 27, 2007 – 5:19PM

A Sydney woman and her 74-year-old friend have appeared in court charged with murdering the woman’s de facto husband.

Graeme William Wylie, 71, was found dead in his Cammeray home, on Sydney’s north shore, on March 22 last year.

A police toxicology report found the barbiturate Nembutal in his system, which police say is not available in Australia.

Police on Tuesday morning arrested Mr Wylie’s de facto of 20 years, 58-year-old Shirley Justins, along with long-time family friend Caren Jenning, 74.

They have both been charged with murder.

Their lawyers say the two women intend to plead not guilty.

The women appeared in Manly Local Court on Tuesday
afternoon where they both applied for bail.

Both claimed exceptional circumstances as to why bail should be granted.

However, Magistrate Leslie Brennan refused their applications and they were remanded in custody to appear in Sydney’s Central Local Court on March 6.

© 2007 AAP


Feb 27 2007

VEENENDAAL. _ Trevor,passed away suddenly on Feb.

Tag: Diarymary @ 2:32 pm

VEENENDAAL. _ Trevor, Herald Sun|27 February 2007Passed away suddenly Feb. 23 2007 aged 45
Survived by loved ones being his mother Josephine, father Frans, brother Colin, sister-in-law Gloria, and two nephews Dean
and Glen.

You will be sadly missed but we will always remember your intelligence, wit, humour and determination.

VEENENDAAL. _ Trevor,passed away suddenly on Feb.
23, 2007. APESMA has lost a close friend and dedicated colleague. In his short time with us, Trevor made a real
difference; he will be sadly missed.Deepest condolences to family and loved ones.

The Association of Professional Engineers, Scientists and Managers Australia


I loved the adjectives used to describe Trevor’s personality…..his intelligence was formidable, his wit, wicked, his humour, terribly terribly funny because he could mimic so perfectly,  those he teased……and his determination –

born with cystic fibrosis as a young boy given until 14 years of age, perhaps to survive, Trevor went on to receive a lung transplant at the age of 32….He survived because he was brave and fearless and refused to become “a patient”…..As a young man he spent time playing cricket to strengthen his lungs….He really never stopped studying and gave of his time willingly for anyone who needed advice on work care and industrial issues.   Trevor didn’t suffer fools lightly but he was the sort of man who kissed a flower or his dog…..he loved his dogs, mini foxy -  squirt and nipper -  and now his mother has them in their autumn years.

He’d lived in Melbourne Canberra. Sydney and then back to Melbourne…….

Tall and handsome in the prime of his life, he needed a lung transplant to survive….organ donors need to know the joy of giving back a young life by their generous donations…..the man in the bed next to Trevor in the Sydney hospital had received the same young man’s heart and Trevor his lungs……killed in a vehicle accident his life lived on through those he shared with…….But Trevor was so very ill in those early days….The muscles he’d built up along with his lungs meant the breaking of his sternum for the lung transplant was even more painful in recovery than usual in cases such as his.   He was just so very determined to recover,  and get on with his life….for a  time there he took up tennis and even a spot of dancing…..never one to let the grass grow under his feet…..he just saw each medical emergency as a hiccup in his day, a drink of water…..a glass of wine -  and on with life…..

Along with enduring Cystic fibrosis  with the clog in the lungs of mucus that wouldn’t move, diabetes was also a major medical factor for him, along with all the numerous rejection drugs he had to take…..but he could whip the injection into his stomach under the table cloth and few would be aware that anything was amiss….hardly a break in the conversation……He left everyone feeling totally at ease around him.   The same mucus bunged up his reproductive organs so he couldn’t father children, but he said recently that he’d developed a real friendship with his nephew…..although I hadn’t seen him these past few years I did receive a message from him regarding the Do Not Resuscitate Documentary in which he encouraged me and said he understood where I was coming from….Tears well up as I remembered he said….he’d cried…..that knowing the participants personally made it especially poignant to him…Trevor had visited me in hospital on occasion and even brought a CD tape deck “to play some decent music”……

One thing Trevor remarked on recently was, given his lung conditions perhaps he should have been made more aware of the dangers of working in his beloved garden.   He’d had two fungus infections which would not have been served well by working in the soil yet he wasn’t really alerted to the possible dangers until too late…..Given though he’d survive twelve years after the transplant with the normal being around 10 years, he probably felt he got a good innings in any case…just getting past 14 and living long enough for lung transplants to become better managed…..all in all, although he wasn’t ever ready to die and who would be at 45, Trevor could be well pleased with his efforts right up until his death….He just lived each day, loving it, appreciating it and really didn’t have time to lie around taking months to die in the end….He probably died the way he’d have wanted to, suddenly (but he knew it was coming!)

I’m told Trevor played tennis the day before and he died apparently peacefully in his sleep.  Possibly of a pneumonothorax, air between the lung and chest wall……..

Trevor was very moved when I told him that he was my inspiration to survive cancer having watched him survive a transplant and all the drama leading up to even finding a donor, but when I remembered seeing him behind the glass sitting on his lamb wool chair, unshaven, dark tousled hair, eyes dulled with his pain…..trying to raise a grin but failing badly – I knew that I could face anything that life dished up after that…..(3 years before my own experience)……

I will always remember Trevor deep deep down where all my very important feelings rest on the bottom…with no where else to go -they are as deep as it goes.

He was a very special man in my life.  (even if he always thought me as a little crazy!)


Feb 26 2007

Reminding me that no matter how bad I felt there is always some one worse off

Tag: Diarymary @ 6:42 pm

I was today notified of the death of the single most important man in my life for inspirational courage and determination in the face of all the odds……a man who suffered and endured more than most…….when ever I felt pain was intolerable I remembered him and knew that my pain by comparison was nothing…….His face was always in front of me as a focus, reminding me that no matter how bad I felt there is always some one worse off……..At 45 years young,  his entire life was given to varying degrees of ill health…but now he suffers no more.

He like me, felt instinctively that this life was all there was……He appreciated and understood my message in the documentary, but he always knew he wouldn’t live to make old bones, he just lived every day of his life to the fullest…..

———————-

2007-02-25 From: ABC.net.au, AU

Classification board bans Nitschke assisted suicide book

http://www.abc.net.au/news/newsitems/200702/s1856282.htm

The Federal Government has banned a book by controversial euthanasia advocate Dr Phillip Nitschke that gives advice about assisted suicide.

In December last year, the Classification Review Board (CRB) allowed The Peaceful Pill Handbook by Dr Nitschke and Dr Fiona Stewart to have a restricted release.

The book explores suicide options including the manufacture and use of various drugs.

Following a complaint by Federal Attorney-General, Philip Ruddock, and the New South Wales Right to Life Association, the CRB has voted unanimously to ban the book on the grounds that it tells people how to manufacture barbiturates.

A majority of the board also thought the book was in breach of offences under the Coroners legislation in all states and territories.

Copies of the book now have to be taken off shelves and cannot be displayed or imported into Australia.

Speaking to the ABC from Los Angeles this morning, Dr Nitschke says he is very upset about the decision.

He says at the moment he is trying to work out what he can do about it.

He says the Board has caved into political pressure and pressure from the religious right.

“We are really seeing a significant erosion to the free speech principle and it’s extremely disappointing,” he said.

“No other country in the world, I might add, has gone down this path – Australia stands alone.

“It’s quite unique in its willingness to throw away the important concepts and issues of free speech for the sake of this political agenda that is being run.”

———————

Yesterday Dying with Dignity Victoria held it’s AGM with our Guest Speaker being Marshall Perron.  We are now 80% in favour of legislative change to introduce choice and dignity in dying.

Dr Rodney Syme has stepped aside as President of DWDV after 12 years in the role, but will stay on as Vice President.   Neil Francis a political activist will step up to the Presidency, and with his ability to utilize computer skills will continue to face up to the politicians at another level….Dr Syme has been a great advocate for the cause, and we thank him for his dedication…….


Feb 24 2007

Dying wishes

Tag: Diarymary @ 5:45 pm

2007-02-24 From: The Australian, AU
Dying wishes

http://www.theaustralian.news.com.au/story/0,20867,21275433-23289,00.html

Terminally ill patients are being encouraged to confront death by planning how they spend their final hours.

Clara Pirani reports

MARLENE Atkinson is preparing to die. The 71-year-old has battled cancer for five years, and now she wants to regain control of her life by planning her death. Atkinson is refusing to take some of her medication and is putting together a written plan that tells her family and doctors where she wants to die.
“When Marlene first came here she was very quiet,” says Mark Boughey, director of palliative care at the Royal Darwin Hospital. “Her mother died about a year ago and she’d had a very detailed written plan detailing the care she wanted, so that’s made Marlene think about what she wants for herself. She has written her thoughts down about what she wants, like rejecting some forms of treatment, and has given clear directions to her family about where she wants to be towards the end.”

Putting in place an “advanced care plan” has given Atkinson confidence and comfort.

“It’s helped her become more proactive and she speaks her mind about what she wants. She may have another 12 months, but she is calm and happy,” Boughey says.

Each year more than 70,000 Australians die an “expected death” from a terminal illness.

However, death remains a difficult and painful subject, not just for patients and their families, but for the medical staff who are responsible for end-of-life care.

Palliative Care Australia’s chief executive officer Donna Daniell says universities don’t prepare doctors and nurses to deal with terminally ill, or even very elderly patients, who have complex needs.

“There are enormous challenges for health professionals who are caring for the ageing and people who are dying of a terminal illness. Until very recently, health professionals came out of the colleges and universities where there was no curriculum that covered how to treat the dying,” Daniell says.

Earlier this month, a study revealed there’s a fine line between easing a patient’s pain and hastening their death – a line that many doctors, driven by personal beliefs, are prepared to cross.

An anonymous survey of neonatologists in Australia and New Zealand revealed one in three is prepared to break the law by using painkillers or sedatives to intentionally hasten the death of a baby born with a severe life-threatening disability. It found almost half were willing to use medication to speed up death in critically ill newborns for whom further treatment was considered hopeless.

Peter Barr, a senior physician at the Children’s Hospital at Westmead, Sydney, who conducted the study, told The Weekend Australian that the desire to alleviate a baby’s pain and suffering sometimes outweighed doctors’ concerns about the law. While neonatologists commonly withdraw or withhold treatment in newborns with a terminal disease or severe disability, it is illegal to use medication to hasten a person’s death.

“This was a self-reporting questionnaire where neonatologists responded to hypothetical situations, so we don’t know exactly what they do in practice. But we know what their preferences are,” Barr said. “They were presenting their views, knowing that they were not lawful.”

Barr also found there was a clear link between doctors’ personal fear of death and their ethical beliefs.

The study, published early online in the Fetal and Neonatal Edition of Archives of Disease in Childhood (doi: 10.1136/adc.2006.094151), asked doctors to respond to hypothetical scenarios and measured their responses against a “fear of death” scale.

“Neonatologists who said that they were prepared to hasten death when death was inevitable had a greater of fear of death than those who thought that it was unacceptable,” Barr said.

“Fear of the dying process and premature death may unconsciously motivate these neonatologists to do what they can to ease the baby’s suffering and hasten their death, and that takes priority over the legal implications.”

In an accompanying editorial, Martin Ward Platt, a leading neonatology researcher from the Royal Victoria Infirmary in Newcastle, England, said the medical profession needed to acknowledge that doctors’ attitudes to death could influence their treatment of patients.

“Barr’s paper shows us that in relation to neonatal death and dying, doctors’ fear, or lack of it, matters,” Platt wrote. “It matters because it can influence clinical judgments.” However, many health organisations are reluctant to discuss euthanasia.

Palliative Care Australia’s policy states that an informed discussion about euthanasia is not possible until quality palliative care is available to all who require it.

Donna Daniell believes better education of professionals and an awareness campaign about the needs of terminally ill and aged patients would lead to greater discussion about end-of-life health care options.

“As a community we are not used to seeing death and dying any more. People used to die at home, but now dying happens in institutions. We need an education campaign to normalise it, to say that it’s okay to talk about death and dying.” In 2005 PCA launched guidelines for health professionals treating terminally ill patients.

“We have developed a set of standards for palliative care but unfortunately they are waiting to be implemented,” Daniell says. “Health institutions are aware of the standards but being aware of them is a long way from having them implemented.”

The guidelines help medical staff assess and provide appropriate treatment for people nearing the end of life.

PCA president Margaret O’Connor says the guidelines were developed to improve care for terminally ill patients who are not in a palliative care facility. “I think there was a lack of acknowledgement that aged care facilities manage a significant number of deaths and the guidelines were a way of supporting and helping staff to provide appropriate care for people at the end of their life,” O’Connor says.

“People are also increasing want to be at home when they die and sometimes health professionals are reluctant to refer people to receive palliative care at home.”

Mark Boughey says people diagnosed with terminal illnesses want to have a say in how they are treated.

“There is a bit of a ‘dying’ revolution. Just like birthing went through a bit of a revolution, with mothers wanting to control the birth environment, dying is also undergoing a change. People are becoming a lot more proactive about their death.”

Hospitals and aged care facilities are increasingly encouraging patients to develop an “advanced care plan” that allows patients to make decisions about how they die.

While euthanasia remains illegal in Australia, advanced care plans in most states allow terminally ill patients to refuse resuscitation, ventilation, artificial feeding and hydration.

However, fewer than 5 per cent of terminally ill patients have plans in place.

Bill Silvester, an intensive care specialist at the Austin Hospital in Melbourne says advanced care plans should be more widely used. Silvester is director of the hospital’s “respecting patient choices” program which trains medical staff to help terminally ill patients to develop an advanced care plan.

He says attempts to encourage more people to complete a care plan are futile unless medical staff know how to raise the sensitive subject.

“In the US, hospitals spent millions of dollars on something called the support study, which mandated that advanced care planning should be discussed with all patients. But it hasn’t happened, despite all that money and effort. The only group that had any success was this group in Wisconsin called Respecting Choices, who actually trained staff to talk about this intimate, sensitive topic. Their rate of completion of advanced care plans among people who were dying went up from 15 per cent to 90 per cent.”

Silvester says the plans spare medical staff and family members from having to make difficult decisions about how a patient is treated in their final days, and whether they should remain on life-support.

“It’s a huge comfort for the medical staff and the family to know what the patient wants. It avoids the situation where staff have to ask all these heart-wrenching questions of the family.”

Developed in 2002 and funded by the federal and Victorian governments, Austin Health’s Respecting Patient Choices program is currently being trialled in other states.

“At the beginning of 2006 we completed a two-year study where we took the program to 1100 residents in 17 aged care facilities,” Silvester says. “Almost 50 per cent of the residents, 520, took up the program and 100 per cent of their advanced care plans were honoured. As a result there was also a huge reduction in the number of patients being transferred to hospital to die.”

Silvester says the program also revealed many patients had personal requests that went beyond the type of medical treatment they wanted.

“In aged care facilities people have requested that we call their son or daughter, or priest. Other have asked for rosary beads to hold or certain flowers in a vase or to have the window open, or to have country and western music playing.

“Most said that they didn’t want to be in pain and suffering and that they didn’t want to be transferred to hospital to die. Knowing all this was a huge help to family and staff who went to great lengths to honour these requests,” Silvester says.

However health groups are concerned that Australia lacks a national policy on advanced care planning. Each state and territory has different laws governing what patients can request. In most states doctors are not legally required to honour the patient’s requests.

“We need uniform legislation so that there is some consistency about how aged care plans are used and what they mean and how they are applied,” says Rosanna Capolingua, chair of the Australian Medical Association’s ethics and medico-legal committee.

“If they (agreements) are not legally binding, doctors can face a dilemma if the family, who is obviously grieving, does not want to follow the patient’s request not to be resuscitated, for example.”

Silvester agrees that consistency across all states may encourage more health facilities to implement advanced care plans.

“It’s a right that everyone has that if you are nearing the end of life that someone will ask you how you want to be cared for and what you want to happen at the end of your life.”

Choice comments: HEALTH PLANS ARE ONLY USEFUL IF THEY HAVE LEGISLATIVE PROTECTION – OTHERWISE THEY ARE USELESS BITS OF PAPER TO BE LOST IN THE HOSPITAL FILING SYSTEM….OR EVEN REMOVED FROM THE PATIENT’S RECORDS BECAUSE A STAFF MEMBER DID NOT APPROVE OF THE RIGHT TO DIE CONCEPT BY THEIR PATIENT!

AS A DIRECT RESULT OF MY CHEST TATTOO “DO NOT RESUSCITATE” NO ONE CAN CLAIM IGNORANCE OF MY PLAN FOR ME.   IT IS NOT ENOUGH TO “WANT”,  WE NEED THE SECURITY OF STATUTORY RIGHTS TO DIE A GOOD DEATH.

————————–

Yesterday afternoon I had a cortisone injection into my left wrist as a result of arthritis…….I was dancing around for a solid hour in pain, but know now,  that I will survive!  

I came home from the doctor’s and thought to take my old dog and my new dog for a walk…they got so excited there was a major dog domestic in the hallway….if you can visualize me with a dog in each hand strung up by their leads with teeth locked on each other in mortal battle…..I had to drop one dog down to the floor, it was Jack because he happened to be on my sore sore hand…where he promptly attempted to jump up to continue the battle royal with Russell…I had a lot of trouble just holding that little dumpling up out of Jack’s reach…With me screaming furiously eventually they got the message.  I put both dogs down together, took their respective leads off, yelled some more and stood gasping for breath…thinking I am too bloody old for this caper…..with their walk abandoned both dogs knew they were in strife and slunk off together to stay out of my way!  I resorted to the bottle and had a glass or two of wine, by which time I felt considerable more relaxed and my hand did too!…

To day they took one look at my face and stood meekly getting their leads on and we all set off for an uneventful walk….who said you can’t teach old dogs new tricks???


Feb 23 2007

Warning over medical details on national card

Tag: Diarymary @ 10:30 am

Warning over medical details on national card
Mark Metherell (Sydney Morning Herald)
February 22, 2007

A TASKFORCE looking at consumer and privacy issues with the proposed national smartcard has identified problems relating to personal medical details.

The government taskforce has called for any emergency medical information stored on the card’s chip that can be seen by health workers to be authenticated and verified by a doctor.

In a report released yesterday, the taskforce has rejected suggestions that cardholders’ HIV or hepatitis C status be included on the card. But it says conditions such as epilepsy, asthma, diabetes and hemophilia, organ donor status and allergies could be considered, along with contact details for emergency alert organisations such as Medic Alert.

There was no need for HIV or hepatitis C details to be included since it was expected that health workers would apply the normal precautions in dealing with blood spills and any contamination, the taskforce said.

It also proposed a two-tiered system of health information, with one tier holding emergency information accessible only to people with an approved device to read the information.

The Federal Government plans to allow people to voluntarily include emergency medical information on the card. From 2010, people will need the card for Medicare and welfare payments.

But the taskforce, chaired by Allan Fels, has cautioned cardholders “to be conscious of and balance the potential loss of privacy which is inherent in storage of personal data – some of it highly sensitive – which can, potentially, be read by third parties”.

The more data on the card, whether mandated or voluntary, “the greater the risks to individuals when/if cards are lost or stolen, and the greater the attractiveness of the card to parties who might seek to steal/use it for improper, fraudulent or criminal purposes”, the report says.

The taskforce has proposed allowing cardholders to have “living will” directions on the card, saying what medical treatment they would wish to receive, or refuse, in the event of serious illness.

Links from the customer-controlled part of the chip to a contact person authorised to disclose such directions seemed to be “a proper way in which customer control and choice is enhanced”, the taskforce said.

The taskforce called for the Privacy Commissioner to be involved in developing guidelines on medical information and said medico-legal issues arising from persons acting in good faith on data on the card needed to be addressed in future legislation.

A spokesman for the Human Services Minister, Ian Campbell, said yesterday the release of the paper gave an opportunity for Australians to debate the supply of voluntary information for the smartcard. “We’ll be consulting general practitioner groups, pharmacies, Medic Alert and the general public before making any decisions,” the spokesman said.

“The voluntary part of the smartcard chip is an opportunity for people to include information like blood group, allergies, next of kin and similar information on the smartcard which may be required in emergencies.”

A Senate committee will investigate the first tranche**  of legislation for the card.

**(section or portion or slice (source Webster International Dictionary)(4 dictionaries later!)

and in response, not to get too excited about the benefits,  a reader reminds us of this article:

Getting smart: the Access Card
Listen Now – 28012007 | Download Audio – 28012007

The government is bringing in a new national card, called the Access Card. Everyone who uses Medicare, Centrelink, or any government service, will have one. And they’re not just normal cards. They have mini-computers inside them that can store data about your name, address and anything else. The government says they’re like mp3 players, and big business loves them, but opponents say they’re a new version of the Australia Card – an ID card in disguise. And they say that privacy is in peril. Reporter: Sharona Coutts (Originally broadcast on 10th December 2006)


Feb 21 2007

I picked up the biscuit and told myself to “get over it”

Tag: Diarymary @ 5:34 pm

Yesterday morning I picked up the biscuit and told myself to “get over it”…we then went in the afternoon a bought another Jack Russell from the local Pound…..Returned from lunch today to find blood on the doorstep and Russell the worse for wear!  the new Jack that we’d thought so placid obviously gave good account of himself so now all should be peaceful in their world….too hot for a conciliatory walk they’ll just have to learn to live together, much as I do as a Pro Choice living with people who think life is so  wonderful regardless of its condition………no one though that’s had Parkinson’s, MS or MD, or Cancer or wets themselves because their disabled bodies don’t allow them to make it to the toilet on time…Living Old, a recent American Documentary gives an insight into the varying choices people are making about their end of life decisions.   I’ll write more about it during the week, but routinely I noticed the number of relatives who just can’t bear to allow the very people they profess to love, to die well.  They’re lying in agony with sores and arthritis, and almost unable to speak at the age of 95 not out and yet their family cling to their memories of how their parents were vibrant young spirited individuals in the long ago, and continue to call it “living”…..It was almost enough to make me want to ensure I never get to that stage in my life and if it means I go sooner to avoid any mishaps of understanding by loving children….it will happen!   


Feb 21 2007

Little Known Killer: (author Bron Willis)

Tag: Diarymary @ 10:33 am

Sourced the Glen Eira Caulfield Leader, pg 11, Tues. Feb.20th:

Little Known Killer: (author Bron Willis)

A new haircut, a bit of extra pampering and a revived sense of spirituality…It may sound like a makeover, for but St Kilda’s Simone White, looking after herself has become a survival technique.

Ms White has been putting up the fight of her life since she was diagnosed with ovarian and uterine cancer last year.

These days, she sports a Sinead O’Connor style “do”,  and “thanks God” a friend insisted she gets a second opinion about her health problems last August.

“Finding out I had ovarian cancer was a huge shock” Ms White said.  “But it was a relief to know there was a name for what I was going through.”

She describes changing her priorities as essential in managing her illness and has also changed her attitude to life.   “I don’t waste time any more, I make myself number one priority and because of that, I can be a better sister, a better partner, a better person.”

Ms White is undergoing treatment and learning to talk about her experience with others who understand her struggle.  That’s how OvCa came into her life.

OvCa – the National Ovarian Cancer Network – was founded to raise awareness of this little-known disease that kills 800 women in Australia a year, or one woman every 11 hours.

Founding director Karen Livingstone was part of the group that established the organisation in 2001.   She lost her mother and aunt to the disease in 2001.

“OvCa is the result of the legacy our mother left behind.” Ms Livingstone said.   “Many women believe that pap smears test for everything ‘down there’ but that’s not the case.   There is no screening available for ovarian cancer; the only reliable diagnostic test is a blood test in conjunction with an internal ultrasound.”

From February 25, Simone White will add her voice to the chorus of women talking about ovarian cancer during National Ovarian Cancer Awareness Week.  OvCa’s campaign features patient forums, women’s breakfasts, presentations and workshops by make-up artist Napoleon Perdis, in partnership with OvCa.

National Ovarian Cancer Awareness Week runs February 25 to March 4. 

Details: www.ovca.org.au
———————

Also:  The Cancer Council is seeking support from Melbournians to support their Relay for Life with a rallying call to “Join your Team, Join your Community, Join the Cancer Fight….. with a Run come Walk, at Albert Park Lake, Albert Park 21st & 22nd April, 2007

Visit: www.relayforlife.org.au or call 1300 65 65 85

———————-

Two letters worthy of attention from my POV  (Herald Sun, Feb 16 pg28)

Why is it that thousands of very dedicated religious people are killing one another to prove they are just gentle, loving people?

Atheist John, Berwick

The Right to Choose Death:

Further to Linda Kocken’s plea for Victorians to support new legislation on the right to end pain, and the moving story of the elderly couple dying together.  

It is my wish also to be able to choose death with dignity over a life that has become either hopelessly painful and dysfunctional or devoid of meaning.

I want my family to remember me as one who was vital to the end, in possession of all that makes me who I am, and as one who died well.

Let us all work towards making this possible with the freedom to choose when and how that dignified death might be accomplished.

Betty Colbert, Montrose


Feb 20 2007

Living Old, complete transcript

Tag: Diarymary @ 6:00 am

Below is the complete transcript of the excellent SBS Frontline documentary, Living Old,  that June mentioned under “Your Say” elsewhere on this website.  I’ve decided to put it on the Diary page, although in reality it is a very long read, because of its total relevance to all of us….In America it obviously helps to be very rich at $150,000 per year for 24/7 full time care to remain in one’s own home.   Perhaps this is a snap shot of Australian’s living and dying circumstances, people in the Western world holding similar life styles.   Many children, now adults living thousands of miles away from their bed ridden, needy parents. The top part of the article is an abbreviated version of the second part of a keynote speech which is produced in its entirety.  A clear thinking analytical study of what the future may hold for any or all of us.

“We’re on the threshold of the first-ever mass geriatric society,” says Dr. Leon Kass, chairman of the President’s Council on Bioethics from 2002 to 2005. “The bad news is that the price that many people are going to be paying for [an] extra decade of healthy longevity is up to another decade of anything but healthy longevity. … We’ve not yet begun to face up to what this means in human terms.”

Vast numbers of our elderly are living lives that neither they nor their families ever prepared for or imagined. Through the perspectives of the elderly, their families and the doctors and nurses who care for them, “Living Old” explores the modern realities of aging in both urban and rural America. The hour-long documentary takes viewers on an intimate and powerful journey that raises new and troubling concerns about what it really means to grow old.

For millions of Americans, living longer means coping with multiple chronic illnesses, increasing frailty and prolonged periods of dementia, which may last for years and sometimes even decades. Only one in 20 people over the age of 85 is still fully mobile, and roughly half will develop some form of dementia. “Everything started to go at 82 years,” says Rose Chanes, now 96 and in assisted living. “I don’t hear, I don’t see. … You’ve got to be crazy to call it a blessing to live like this. … I call it a curse.”

For the elderly and their families, the emotional toll is often severe. “With my mother, it’s been a slow process, but in the last few months, … things have escalated,” says Mary Ann DiBerardino, whose parents, married for 68 years and both in their 90s, now share a room in a nursing home. Her father has advanced Parkinson’s, and her mother has Alzheimer’s. “It’s difficult some days when I’m not sure if [my mother] doesn’t eat because perhaps she’s forgotten how to use her utensils,” says DiBerardino. “Or does she not know how to swallow? I keep trying to fix things, and even though my head says I can’t, your heart wants to fix everything. Even with my nursing background and caring for [the] elderly and terminally ill, nothing has prepared me for taking on the role of caring for my mother.”

In an attempt to lessen the burden on families and to ensure that their wishes are fulfilled, many elderly write advance directives, such as living wills, powers of attorney and do-not-resuscitate orders. “But the fact of the matter is, it’s really impossible to describe all of those circumstances that one is going to face,” says Dr. Kass. “[And] it’s simply not true that we can know in advance how we ourselves will feel about many of these things once we find ourselves not 45 and fit, but 75 and viewing life with a different lens.”
Decisions about life-prolonging treatments are also becoming increasingly complex. “My son … asked me to sign a paper that would authorize termination in case of [a] hopeless-looking condition,” says Estelle Strongin, a 94-year-old practicing stockbroker. “And I said, ‘No, I’m not signing that.’ There are a lot of cases where doctors have said this patient has three months to live, and they’ve lived 30 years.” When asked why so many of the elderly are signing such documents, Strongin responds that they sign because they do not want to see their children suffer. But, she adds with a laugh, “I said to them, ‘I don’t care—suffer.’”

As the nation ages, many believe that our health care system, with its focus on treatment and cure, is woefully ill-equipped to handle the new realities of long-term care. “Nobody’s bothered to think about what the repercussions are of trying to keep people alive longer and longer,” says Dr. David Muller, dean of medical education at Mount Sinai School of Medicine and co-founder of Visiting Doctors, a program that provides primary care to homebound elderly in New York City. “[It's] another bypass surgery, another transplant, … without anyone worrying about ‘Well, what’s next?’”

With families smaller and more dispersed than ever before, and more doctors choosing medical specialties over family medicine, many fear that the country is on the brink of a national crisis in care. “One out of five people are going to be older adults,” says Dr. Jeffrey Farber, a geriatrician at Mount Sinai, “and there’s not really anyone trained to care for them.”

A bioethicist, Dr. Leon Kass chaired (2002-2005) the President’s Council on Bioethics, which issued the landmark report, “Taking Care: Ethical Caregiving in Our Aging Society.” The study called attention to the critical problem of an increasingly elderly population, many of whose members need intensive, expensive, long-term care in a society with a dwindling number of available caregivers. In this interview, Dr. Kass talks about how our society has not yet faced up to this looming crisis, especially its human dimensions. This is the edited transcript of an interview conducted on March 7, 2006.
• Related Reading
• » “Longer Lives Reveal the Ties That Bind Us”
New York Times columnist David Brooks on the vital message to take away from the ‘05 report issued by the President’s Council on Bioethics

Highlights
• » The new burden on families
• » “We no longer have any clear idea of the life cycle”
• » Does having caregivers who know and love us matter?
• » The untold sad truth
• » Changes needed in the health care system
Describe what’s happening with the new rising elderly population in the United States.    (think Australian though!)

One way to put it would be to say that we’re on the threshold of the first-ever mass geriatric society. … But what’s really new is massive numbers of people are living not just into their 60s and 70s, but well into their 80s and 90s, so the absolute number of old people is increasing. The percentage of the population that is over 65 is growing by leaps and bounds. And the percentage of the fastest growing [part] of the population — 85 years and over — they are expected to triple or quadruple before midcentury.

We haven’t even begun to contemplate what this means socially, in terms of work and retirement, in terms of uses of leisure, in terms of the economics of it, in terms of the meaning of having all these years at the end of life stacked up after one has finished one’s productive work, in a world where there are fewer and fewer people to whom one is naturally and genealogically connected.
So we now will have in this mass geriatric society a very large number of people who are not just old, but who are “old-old,” not just chronologically, but in body and in mind, and they will need a massive amount of care precisely at a time when there are fewer and fewer people available to look after them.


Families are smaller, less stable, geographically spread out. Many people are strapped also caring for the young at the same time that they’re supposed to be caring for their elderly parents. There are insufficient numbers of geriatricians, not to speak of the people who really do most of the care — the nursing staff, the practical nurses and others who tend these people 24 hours a day. As the baby boomers enter their retirement, this problem is only going to become much worse.

The society as a whole has seen something of the economic crisis that faces Society Security and Medicare, [but] we’ve not yet begun to face up to what this means in human terms. …

If we are paying more attention to economic issues than moral issues, what are the issues that are being missed?
What’s really missing is the attempt to address what meaningful old age means. … Look, if 40 percent of the people are already dying after a protracted period of debility, that means every family has either in their direct experience a loved one who is now undergoing that or can look forward to it in the years ahead. People are surprised to discover how widespread the phenomenon is because it’s been a matter of shame and dealt with in private terms. I think the more we deny this problem, the more difficult it will be to face up to it and to try to find the human and social resources to not solve the problem — the problem can’t be simply solved — but to somehow live with it in a better rather than a worse way.

Why that 40 percent figure? What happens as you live longer and longer?

One of the great achievements over the last half century has been in medicine’s ability to do battle with the causes of acute life-threatening illnesses. We’re doing much better in dealing with heart disease and stroke and various other acute causes of death. What this means is that we are now left to suffer from those chronic illnesses that limit our mobility, that make us frail, that in many cases diminish our mental capacities of choice, judgment and self-management, so that more and more people are living long enough to suffer from the as-yet-incurable diseases of body and mind: Parkinson’s disease and Alzheimer’s disease; major diseases of the nervous system; arthritis; chronic congestive heart failure; chronic pulmonary disease.

If you look at not just the causes of death, but the patterns leading up to death — and I was really quite shocked to see the figures. The three most common trajectories toward the end of life are: a malignancy which will kill you. People are healthy, a diagnosis of a fatal malignancy is made, and over the course of a year to 18 months, they gradually fall off and they die. Not all malignancies are fatal, but if a malignancy is going to get you, it will get you in roughly a year to a year and a half.

Second major trajectory toward death is the failure of the major organ systems, heart and lung: congestive heart failure; chronic congestive pulmonary disease — usually emphysema, usually in people who have smoked [for] a long time. That is a course which dwindles really over a period of three to five years, punctuated by acute episodes which will take you into the hospital with some emergency. They give you antibiotics; they give you diuretics or digitalis; you bounce back, only to slide further down the scale.
“The end of life proves a truth that has been truth all of life, unwelcome as it might be: We’re not independent, solitary beings. We are interconnected from start to finish. We need other people, and we need also to be needed.”

Then the third pattern is the one [we] have described; namely, the pattern of enfeeblement, dwindling, dementia, incapacity, in which there’s just the kind of steady downhill course. At a certain point, people can no longer take care of themselves, and many of them now wind up in institutions for nursing care.

The shocking thing is, these three patterns are 80 percent of all deaths in the United States, and they distribute themselves 20 percent through cancer — pass on within a year and a half; 20 percent through failure of the major organ systems — heart and lung; 40 percent of all deaths now preceded by this long period of just frailty — frailty of body, frailty of mind. It’s gradual. At the beginning, people still manage to cope, but during the last two to three years, many of these people don’t know their relatives, don’t know what’s happening to them, can’t care for themselves, and they are really in need of constant care and loving attention.

Is our health care system built for the realities of people living longer?

The really triumphant growth of modern medicine has been built primarily around the killers: heart disease, infectious disease, lethal nutritional deficiencies, stroke, cancer. Great, great strides in these diseases. The reimbursement system pays wonderfully for acute medicine, for emergency medicine. We have not yet caught up, either in terms of medical training or in terms of risk management or in terms of reimbursement schemes, with the fact that what we now have is a culture in which the major medical concerns are chronic illness and the needs for long-term care.

People know that this is here, but the system has yet to adjust properly. It will be the great challenge of medical education, of health care management systems and reimbursement systems for the decades ahead.

And what are the consequences of this new reality for individuals, families and all of us?

America is still a country which says that the responsibility for caring for the elderly who can’t care for themselves is the family, but that is now an increasingly difficult task for families. People are having fewer children. The families are themselves marrying later and having children later. They’re still caring for their adolescent young when they’re also supposed to be caring for Mom and Dad, who can no longer care for themselves.

It’s an economic as well as a human demand on strapped, middle-aged and middle-class families. This is very, very demanding care and very needy care. People want to do a good job at it, but they have very, very limited support from the community or from other members of the family. One very, very telling study shows that only those people who have three or more daughters or daughters-in-law have a better than 50 percent chance of not finishing their life in a nursing home or an institution. For all of our talk about gender equity, it’s still the daughters and daughters-in-law who give care. And it’s a hard job for one daughter or one daughter-in-law, especially if there are small children to be cared for.

People talk about the smaller number of workers who are going to have to provide economically for the larger number of retirees and people on Medicare. We don’t pay enough attention to the actual smaller number of available human, connected caregivers. The task is going to be taken up increasingly by people who don’t know the patient, who have not shared their life, and [who are] in larger and, alas, impersonal institutions, unless we begin to pay some attention toward making these institutions smaller, more humane, [more closely] connected to people’s roots and places where they’ve lived.
Even with daughters, as we live longer, the care itself can go on for years.

Right. It’s not a new story that the young have cared for their elders. Widows often lived with a married daughter, and the children provided care when the elders got sick and often died at home. Now, thanks to our ability to deal with the acute causes of death, even as they affect people who are in this period of dwindling, this means that the time of caregiving has gone from months before death to years and, in some cases, up to a decade or more. People are living longer in conditions that are deeply needy, and even the most loving family finds this a difficult task.

They will find it also an increasingly difficult task when it seems as if all the medical interventions that are technically possible seem also to be morally obligatory. Loving families begin to wonder: Is it really love or is it cruelty to provide a new intervention for someone who has lost bladder and bowel control and who seems no longer to enjoy life, and who’s [dis]engaged, who has fits of rage and doesn’t understand why I’m trying to help him? If that’s the direction we’re going, the moral ethic, not just within families but in the culture as a whole, of regarding human beings as equal in dignity regardless of their disability, this ethic, which has been our pride — pride of the medical profession, pride of the American culture — this ethic will come under challenge.

It would be a very dangerous thing in our culture, in medicine and in families if people began to entertain the category “better off dead,” a life not worth living. Doctors will have a difficult time wholeheartedly caring for the life the patient still has if removing them from life comes to be seen as a viable therapeutic option, and families cannot embrace wholeheartedly giving loving care to the person in this [category] — no matter how reduced the condition — if they are constantly thinking, “This is not a life,” or, “This person really is better off dead.”

At the same time, we have to learn how to stand aside when the time comes, hard as it is to know when that is. Traditional medical ethic, which has embraced life, has also taught us that not all interventions are morally obligatory. When treatments are either useless or unduly burdensome to patients, those treatments may be foregone or withdrawn. That traditional medical ethic has served us well: no deliberate killing, but allowing to die when the intervention is in fact burdensome to the patient. The question is whether we can sustain that in the face of this new social crisis. If we can’t sustain it, there are potentially very dangerous things waiting in the wings.
And what about the larger human context that we haven’t grappled with in talking about aging and death?

I think the most difficult and important cultural shortcoming that has been one of the byproducts of our great success in extending life is we no longer have any clear idea of life cycle. The medievals had an understanding or a picture of the life cycle, each stage equally close and dear to God. They represented the life cycle in a kind of circular, with God in the center and the ages of man around the circle, all equally distant from the center. The early moderns had a kind of picture of a life cycle of rise and fall, from childhood, adolescence, full maturity in your powers, governing and gradually declining, but still in a respectable old age, nevertheless still connected into the community from which you’ve come.

We have built a kind of culture based upon individual achievement and success, geographical mobility, smaller families, looser connections. I guess if you were to draw a[n] American picture of old age, it’s a kind of career ladder that goes up like this, and then at a certain point the next scene is a fellow unshaven, in short pants, playing shuffleboard, and with no connection at all to the life lived hitherto.

What this means is we don’t somehow think in advance about old age as a part of life for which we have to plan and which we want to somehow integrate into our vision of the whole. We do not think of our elders as elders, as people who we want to relate to in a special way, so that the culture as a whole has not somehow thought about what old age is for, how we should stand to it, what special privileges it should have. Although old-timers remain chair of congressional committees for long periods of time, the culture as a whole does not generally look up to the elderly as founts of wisdom. They are disposable, replaceable, etc.

That means that when people get to be old, it’s much less clear what they’re about, and it’s much less clear what claims or expectations they can rightly have on the larger community, on the people who are their descendants. We make the best of it: In their avocations and amusements, many of them volunteer; they keep up family relations where they can. But they live in a world that’s increasingly dominated only by their contemporaries. They’re not somehow integrated into the larger society. They watch their contemporaries die or become disabled, and the world has passed them by, and we have allowed them, as it were, to disappear from our ken.
What difference does it make to be cared for by someone who loves us?

The question is, what kind of people provide the best care? And does it matter if our caregivers know us and love us? Other things being equal — and they’re not always equal — I think it matters a great deal that the life that is being cared for is known to be continuous with the life that one led before, and that the people who care for us fit this part of life into a long, lifelong relationship.
It’s true with a family doctor who is not meeting this person for the first time when he or she shows up in the nursing home or in the emergency room, but has known this person through the childbearing years and through their prime, and has guided them through this period of decline, and can say with confidence, “I will stand with you now as I’ve stood with you before.”

That is also, it seems to me, what family members at their best are able to do, not because they have some kind of professional contract, but because it’s somehow tacit in the understanding — and really, in good families, it’s just what families do. This is what life has brought us. The necessities of life are an occasion in which we show our love, and the people whom we care for are that much better cared for because we know them, have known them of old, and know them still in some way to be ours.

It’s true that if there’s bad family history, those things are done with resentment. Even in the best families, people get tired. One can’t somehow expect people to be saints 24 hours a day, every day of the week. And I have seen some professional caregivers, some professional nurses especially, who are so giving and so loving and so attentive that it would be hard to imagine family members doing it better, even if they’ve simply been summoned in a time of crisis. They’re not patronizing and condescending, and they don’t really treat the elderly as if they really are children in diapers, but they treat them with dignity and with respect. It’s sometimes hard for family members to continue to do that.

Lots of us now want to spare our children those kinds of burdens. One hears it said over and over again: “I do not want to be a burden to my loved ones.” People write living wills and make other kinds of arrangements, precisely hoping to spare the burden not only of care, but even of decision making about what should be done with us when we get to be old and infirm and incapable of deciding for ourselves.

I understand that temptation. It’s partly a matter of pride. One doesn’t want to be seen by one’s children and one’s grandchildren in one’s infirmity and in one’s nakedness. One doesn’t want to deflect them from their own work and from the care of their own. On the other hand, this is part of life, and I want my children to teach their children what it means to shoulder these responsibilities and to teach the interconnectedness of the generations.

Can you talk about the blurred lines between life and death? There are so many different ways that you can think about each situation, even among family members.

The bright lines that used to guide us when death was swift, happened at home, technology didn’t get in the way, those lines have become blurred by lots of things. If you ask as an intellectual question — Is this person in the bed with advanced Alzheimer’s disease still my father, still the same person I’ve known all my life? — the answer has to be both yes and no. I mean, it’s certainly my father and not yours. The person that I embrace and hug when I say goodbye is still the same person in some ways; it’s the same arms that have been put around the same arms for my entire life. And yet the nature of the relationship is altered. In some respects, it’s not the same person who’s at home. Those of us who make a living with our minds or who think human life consists primarily in the accomplishments you can put on a curriculum vitae are inclined to be puzzled at these assertions of raw human connectedness, which treat the presence of a living human body, continuous with the body we’ve known all our life, as something still sacred and valuable.

I may have told you this story. I was present at a very special occasion. It was a Valentine’s Day celebratory dinner in which an African American musician was invited to play. He was a composer. He got up, and he said to this august audience: “Valentine’s Day has always been a very special day to me. It’s my mother’s birthday. My mother is 85 years old. She’s in a nursing home in North Carolina. Sometimes when I come to visit her, she recognizes me; sometimes she doesn’t. But my mother is alive.”
Listening to this story, I got gooseflesh. There’s not a member of the faculty in my own university who would say such a thing, spontaneously, who would spontaneously somehow feel the exhilaration that this life from which we sprang and is still here connects us somehow to our past, is still an object of affection and of love, and whose life is somehow still to be celebrated in its diminution.
Now, I don’t want to romanticize that or sentimentalize. It’s very difficult to go into a nursing home and to see your loved ones in a reduced state. One walks out depressed because one knows that they don’t want for themselves to be in this condition. On the other hand, the surprising thing is to discover how many people’s pleasures in life change, how time teaches people new forms of relation and enjoyment, how people can stop trying to save the world and learn to savor it a little bit, and how [sometimes] doing the simple chores for somebody has a kind of meaning that one never imagined it would.

If someone is in a permanent vegetative state, it’s a different matter. You don’t know whether there’s anybody home, although if I’m in the room with such a person, I speak to them as if they’re still there, just in case, just in case there’s an inner life there which can hear but cannot somehow make manifest the relation. There are people who have been in frozen syndromes, who are frozen in there; they can hear everything, and you can’t know whether they’re in there.

But short of permanent vegetative state, one can communicate with people, even if only by holding of a hand, by playing some music, by doing things that produce a smile or a nod and keeping that human connectedness alive. It may not be something to write about in The New York Times, but it is meaningful connection, and I think the people who know this, and who know it in their bones and who practice it, are in touch with something that the rest of us can learn something from.

In our culture, do the people who know that feel supported in that view?

I’m not sure which way the culture goes. I suspect it’s not going in their direction, at least for the time being. We hear more and more about the high costs of care for people in the last six months of life, as if it were surprising that if you could in fact cure all the acute illnesses, that you would be left with anything but people in their last six months of life needing most of the medical care that’s to be provided.

When the baby boomers cross the threshold of old age, that’s when we’re really going to have a national debate about it. The baby boomers are not famous for letting their interests be bypassed, and if the elderly are going to be getting a fair shake in the culture, it will be the baby boomers that see to it that they are going to be looked after — though having produced fewer children than the rest of us, it’s not clear who’s going to look after them. That’s a big question.

But to come back to the business about whether caregivers who care wholeheartedly and without qualification for people, even in their reduced conditions, whether they are supported by the culture as a whole, I would say we don’t support them economically. These are low-paying jobs that are not highly honored — though when the wealthy need such care for members of their family, they find them and they’ll bring them from the Philippines if necessary, where the culture of caregiving, by the way, is spectacular. There are other foreign countries where people still know how to do this as a cultural matter.

The more you continue to think that you’re going to do away with this problem, either by medical progress or by the doctrine of healthy aging, the less likely we are, in fact, to honor the need for that kind of caregiving; the less we’re willing to pay for it; the less we’re willing to respect it. We certainly are not training the nursing profession primarily for this right now. In fact, we have shortages in the profession.

The religious-based communities do it better. That’s partly because there is still this teaching of love of neighbor and compassionate care. The hospice movement also teaches it quite well, on the whole. But those are sort of against the stream of technological progress and achievements for your résumé as being somehow the measure of what’s honorable in the community.

What are your thoughts concerning the progressive frailty of older people and coming to an acceptance of things that one can’t do?
If you’re thoughtful about these things, life teaches you those lessons very early. The soul is still eager to slide into second base, but it’s been 30 years since I was able. Certain activities have had to be surrendered.

But it’s an old, old story that nature tries to teach us, gently rolling us down this imperceptible slope, preparing us for a time that we’re going to lose it all. It’s not pleasant music to face. But we’ve been helped in denying that long-term lesson by these great gifts of medicine and by the prosperity of modern life, which enables us to work around these infirmities. If you have trouble walking, there are lots of four-wheeled ways to move you about, and it’s less of an impediment than it would have been for someone who simply had to lug groceries for a mile on a daily basis.

… [But] I don’t think that any of the lessons of gradual loss of one’s bodily powers or the kind of early forgetfulness really are preparation for some of these long-term conditions of enfeeblement and frailty. It’s just sad. One should just simply tell the truth: No one wishes that for oneself or for one’s loved ones. The question is, it’s here; if it’s not going to go away, how can we still make something out of it?

What are your thoughts concerning preparing advance directives, living wills?

Advance directives are a very popular topic. … Lots of people, fearing that when their time comes, technology will get in the way and they will be subjected to unwelcome lifesaving interventions, or some people who are afraid that they will be denied lifesaving interventions feel the need to write an advance [directive], sometimes called a living will, which tries to specify years in advance, with greater or lesser precision, what you would want done in case you become incapacitated and can’t speak for yourself.
It’s become now sort of conventional wisdom that everybody should have one. … And it looks like a good idea. It extends our competence into a time of life when we might be less than competent. It gives us something of a say about how we want to be treated toward the end of our life. It requires us to think in advance rather than to simply deny this kind of future.

But the fact of the matter is that very few people have living wills, notwithstanding the intense campaign to produce them. Those that are written are often very vague. And then they’re not vague; they pretend to be able to describe in great detail all of the circumstances where decisions would be needed, … when in fact it’s really impossible to describe with the right kind of precision all of those circumstances that one is going to face. And moreover — and this is, I think, a deeper problem — it’s simply not true that we can know in advance how we ourselves will feel about many of these things once we find ourselves not 45 and fit, but 75 and viewing life with a different lens.

Also, there are studies to show that living wills are, in a way, not used when the time comes. In one very remarkable study, the presence or absence of a living will didn’t make any difference to the decisions that are in fact taken if they can be taken by loved ones who actually know the patient.

There’s another kind of an advance directive, not the living will, which tries to set out instructions, but is called a proxy directive, in which people give power of attorney for health care decisions to a trusted member of the family or a friend, the person you would like to speak on your behalf and to care for you when you can no longer care for yourself or speak up for yourself. That we endorse very wholeheartedly.

That particular measure doesn’t pretend that when old age comes, we’re going to be independent and still dictating from years past how we wish to be treated. That acknowledges our need for other people and arranges in advance which of our people who are dear to us will serve as our proxies.

The end of life proves a truth that has been truth all of life, unwelcome as it might be to face: We’re not independent, solitary beings. We are interconnected from start to finish. We need other people, and we need also to be needed. And this kind of legal and autonomy-based solution not only doesn’t work; I think it teaches the wrong lesson.

Living wills, if they’re useful at all, are useful for those cases in extremis, when a hard decision [is required] that says, “I do not want to be resuscitated,” or “I do not want to have organ replacement,” or “If I get cancer and I’m demented, I don’t even want antibiotics.” Those things you can sort of write, even though you’re not absolutely sure what you’re going to feel like in those circumstances. But for most of the decisions of long-term care, you can’t write those things. Those are not the sexy, big things that make the headlines. Those are the banal, absolutely crucial, everyday things of everyday life.

For family members, when will anyone know when enough is enough?

The real anguish for people who have been caring for debilitated elderly a long time, in the age of miracle modern medicine, is this: You never want to say, “I wish he were dead.” At the same time, you don’t want to be complicit in what looks to you increasingly as if you are putting your father or your mother on the rack of a miserable and prolonged existence. You don’t want yourself to be somehow getting in the way of any kind of graceful exit at a timely place. So it becomes harder and harder to know when it’s time.
But there are people who somehow have the feeling — when they’re still in their powers — they have their feeling when the time is come, and without taking poison or doing assisted suicide, they surrender in some way. This doesn’t happen in all cases, but one hears enough about it to know that there are people who still can feel that the time has come, and they let go. There are other stories about people who wait for a spouse to give permission to die, who want, in a way, to be eased out, but who feel that to go will be to betray their spouse of 50 years, and they need some kind of gesture: “It’s OK, my dear. We will meet in the by-and-by.”
The difficulty comes when the person is no longer in a position to have some kind of hand in the end of his or her own life, and the task falls to those of us who have to decide: Well, is it pneumonia one more time, or shall we say, “Mother, you don’t have to go to the hospital this time if you don’t want to”? This becomes exceedingly difficult if every technological intervention which is not unduly burdensome becomes treated as morally obligatory.

I think it’s terribly important that we try, in this morass, to find some guidance that doesn’t require us to say “better off dead” or “unworthy life — off the stage,” and yet begin to get a feel for when the time is right, and we say in the name of the loved one, of the worthiness of the very life here being treated: “This is enough. Go to your maker with our blessings.”

[What are some of the changes that need to be made in the health care system?]

One of the really large and worrisome pieces of the problem of long-term care is the lack of physicians who can provide continuous and comprehensive care for the elderly and who [have known] them for some time. We need very much to encourage the development of geriatric physicians and nurses who will be there for the longer haul. One should not romanticize. This is very, very difficult and demanding work, and you do not have the satisfactions of pediatricians, that their patients are going up and up and ever higher and ever better. These are people who are going down, medicine or no medicine. You are somehow presiding — one hopes compassionately and gracefully — over the end of a life, keeping company with it, doing what one can.

But … we can begin to change the incentives such that we could get better long-term care from the medical profession. The reimbursement schemes, which are now tied to acute-patient visits, could be changed so that people would be compensated if and only if, in fact, they gave continuous care for the same patients over a longer period [of time]. There are programs that are experimenting with this.

We could learn something from the hospice movement, which is admittedly only an end-of-life system, but they have somehow learned how to keep company with the dying without thinking that removing them from life is somehow their mission. They have learned what it means to say, “The time has come,” and yet to be humanly present, up close and intimate.

There are some worrisome things, however. We now have, as a routine matter in hospitals, do-not-resuscitate orders written into the charts. You’re required now by law, when you enter a hospital, to fill out these kinds of forms. That’s a way of expressing our preferences not to have our lives unduly extended should a sudden heart attack fall upon us. The net effect of it is, however, if you write a do-not-resuscitate order in the chart, the interns and residents say second-class patient, not one to be done everything for, not only in terms of the heroic measures, but that’s a person who’s on his way out; we’ll cut corners a little bit. … Psychologically, people begin to cut corners.
So this, too, is tricky. You want a profession that knows the patients; that is, gives continuous and long-term care, that’s on the one hand willing to accept the limitations of such a life, but is not going to do it in a bureaucratic and procedural way.
The good doctors will let the patient know: “Whatever happens, I’m here for the long haul. I’ve been here before. I will be at your side. I will get you through this, come what may.” It’s not a crucial part of the training of young house officers. They learn it, if they learn it at all, from the old-time physicians who are their mentors and role models. I don’t know whether it’s being taught sufficiently. I doubt it.
The doctors who know how to keep company with the dying are harder and harder to find. The culture is, after all, primarily in the business of rescue. We still basically think, and the culture generally teaches, that today’s death is a failure of today’s medicine, curable by tomorrow’s. It’s very, very difficult to acquire just the right sense that leads you to understand that if you stick around long enough, you’re going to lose all your patients, unless they lose you first.
That, too, is part of physicianship. It’s not a technical matter; it’s a human matter that comes from somehow understanding again the trajectory of the life cycle and what it means to be mortal

You said we don’t tell the truth, and it’s sad. What are we not saying about living to 85 and older?

There’s good news and bad news. The bad news should not be told by itself, but neither should it be neglected. The good news is that old age, healthy old age, has been democratized thanks to modern medicine, sanitation, better health habits and the like. People are living healthier, longer en masse than ever before.

The bad news is that in exchange for an extra decade of healthy old age, maybe half of us can look forward to another decade after that of anything but healthy old age, of a time of bodily frailty, increasing incapacity, often growing dementia, inability to care for ourselves, and finishing up being bedridden and unable to look after ourselves at all; that this is, at least for the time being, the hidden cost of our great success in the preservation of life. Maybe future medical developments will conquer some of these diseases. We hope so.

But we should not pretend to ourselves that old age, for many people, is [not] going to be smelly and mean, and it is [not] going to be a fate that we don’t wish for ourselves, for those we love. But it also means a time of life in which we, their loved ones and caregivers, are going to be summoned to stand by, to care for the life they still have and not to abandon them. That will be our challenge. Our society of the future will be tested at least as much by our ability to care for those who need our care, no matter how reduced they are, as by our ability technologically to push back the frontiers of medicine and to conquer yet more diseases.

Have your own views of your own aging changed?

For whatever reasons, I have liked old people from childhood. I liked being around them. I loved listening to their stories. They had seen firsthand a world that was gone, and they were my connection to that world. I’ve spent a lot of my professional life, off and on, thinking about the subject of mortality, the care of the dying, questions of the definition of death, aging and the like. And I’ve tried, I think very hard, to think about family interconnectedness, the meaning of being a link in the generations, as well as what it would mean to try to have a trajectory of a life, and not just to be on a train going God knows where; to think about a shape of a life and to — you can’t plan for it, but somehow to enjoy things in their season.
I also think, perhaps too brazenly, that mortality as such was good for us — I’ve written on that subject when I was in my 40s — that it’s the recognition that we are finite and frail that is the ground of treasuring the things that life has to offer, to make the most of our time, to avoid boredom, to appreciate beauty, to spend our time worthily, to love well; that knowing that we don’t have infinite time and that we go around only once really is, I think, an absolutely necessary condition for making the most of this unmerited gift of the time that we have. I don’t have any great personal desire to live past my allotted time, what it is. I’ve been blessed, at age 67, to have had a wonderful, wonderful life.
What I haven’t been absolutely prepared to discover was … I want to be around long enough to see these little grandchildren grow up. I have a kind of stake in the future because of them. I’ve seen my children into mature adulthood, well married, with children of their own, in good families. I don’t feel that I’ve dropped the cultural ball, which was the major thing that was given to me to treasure and to hand on.
The idea of going myself doesn’t bother me. The idea of losing a life’s partner is, I think, intolerable. And I’m trying to accept the coming limitations with a certain amount of grace. I have this perverse occupational interest to see whether, having thought about it all this time, I can age better rather than worse, and be a decent example to my children and to my grandchildren. It’s not simply in my control. It’s a time of life that interests me a lot, in my own case. … [W]e’ll see what the last act looks like.


Feb 19 2007

Danger of a silent, aggressive killer

Tag: Diarymary @ 8:45 am

Another letter I’ve held over from January’s issue of The Senior, pge 8.

Danger of a silent, aggressive killer:

I would like to alert readers to the danger of the silent and aggressive killer cancer – cancer of the oesophagus.

Silent, because the symptoms are difficult to detect until it is often too late, and aggressive because it is one of the fastest growing of all the tumours.

I am only a layman, but I can speak personally of this awful disease because my wife died only six weeks after being diagnosed.  And it was an awful death.

She had been on medication for heartburn for some time, but when she began have difficulty swallowing her food and could point to the spot on her chest where it was sticking, the writing was on the wall.

I obviously can’t offer medical advice except to say that if you have heartburn that is not responding to treatment, or difficulty in swallowing food, see your doctor or specialist as soon as possible.

While this, mercifully is one of the rarer forms of cancer, overseas research is showing that it is very much on the increase.

Jack Wilkinson, Hampton East

Cancer of the oesophagus is what killed the husband of one of my best friends, and even with the symptoms diagnosed the road was never going to be one of recovery,  with some five months of horrendous suffering, not only by the man himself but his immediate family who watched a strong man rapidly deteriorate.  

Also Steve Guest who participated in the last three weeks of his life suffered badly with oesophagus cancer, telling his story through himself and his brothers in Do Not Resuscitate SBS Documentary.   His story will be retold later this year when SBS repeat it perhaps in about seven months time.  SBS have told me they will try and remember to advise me of their screening date so that I can ensure interest people who missed it in November don’t miss out again.

I thought it timely to bring this letter to the reader’s attention because recently I’ve had a couple of attacks of heartburn myself and cancer of the oesophagus would be the last consideration on my mind……I’ve still putting it down to a couple of rather stressful weeks but for others …oops a slight interruption as two angry dogs fought viciously under my chair…my heart is pounding but I managed to drag them apart….sides heaving…my silly stubborn Russell hasn’t yet learnt that Jack will be treated equally.   Russell has always been an aggressive dog around others.  I thought he’d appreciate the company…because Jack is so very placid normally we can only hope dog logic sets in and he realises he has a friend in the offering.


Next Page »