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Recently, a New Mexico judge ruled that competent, terminally ill patients have the right to engage with a doctor to end their lives.  The ruling was issued by Judge Nan Nash after a two day trial.  The decision makes New Mexico the fifth state in the nation to allow doctors to assist terminally ill patients to die.

            The suit, initiated by the ACLU and an end-of-life-choice advocacy group, was filed on behalf of two New Mexico doctors and a cancer patient.  Judge Nash was asked to determine whether the doctors should be allowed to write prescriptions for the terminally ill cancer patient, who wanted to use drugs to end her life.

“This Court cannot envision a right more fundamental, more private or more integral to the liberty, safety and happiness of a New Mexican than the right of a competent, terminally ill patient to choose aid in dying,"  Judge Nash wrote. "If decisions made in the shadow of one's imminent death regarding how they and their loved ones will face that death are not fundamental and at the core of these constitutional guarantees, than what decisions are?"

The cancer patient, who is currently in remission, is quoted as saying, "[m]ost Americans want to die peacefully at home, surrounded by loved ones, not die in agony in a hospital.  I feel the same way. If my cancer returns and I face intolerable suffering, I want the option to cut it short, and to die peacefully at home."

The New Mexico Attorney General's office is reviewing the case to decide whether it will file an appeal.

Andrea-C-Web-2013Contributed by MH Phoenix Estate Planning Attorney Andrea Claus.

Morris Hall Can Protect You in Today’s Litigious Society:
We live in a litigious society, where over 1 million lawsuits are filed every year in America alone.  Financial predators are looking for ways to take funds from others and often use litigation as their means to do so.  At Morris Hall we provide your assets and your loved ones with important protections that can prevent financial predators from taking advantage of you.  We do this through proper and current estate planning techniques.  With an MH living trust, we can also protect your property, assets and loved ones from probate, estate taxes, gift taxes, creditors, Medicaid spend-down, conservatorship or guardianship proceedings, ex-spouses and more.  A living trust also keeps your asset and beneficiary information private and secure to avoid giving financial predators information to use against you and your family.  Without a living trust, this information will be made public.  For those living in Arizona, we serve the areas of Phoenix, Mesa, Gilbert, Fountain Hills, Scottsdale, Cave Creek, Prescott, Flagstaff, Sedona, Tucson, Sonoita, Arrowhead, Avondale, Goodyear and Tempe.  In New Mexico we serve the areas of Albuquerque, Santa Fe, Las Cruces, Rio Rancho, White Rock, Alamogordo, Truth or Consequences and more.  Contact us today at 888.222.1328 to schedule an appointment with an attorney in your area!

This blog should be used for informational purposes only.  It does not create an attorney-client relationship with any reader and should not be construed as legal advice.  If you need legal advice, please contact an attorney in your community who can assess the specifics of your situation.

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