The need for Virginians to have a Will to Live document has been made more evident than ever by the tragic events surrounding the automobile accident suffered by Appomattox resident Jason Childress on July 16. After less than two weeks at the University of Virginia Medical Center, the Center notified Jason’s father Jerry Childress that they would discontinue life support for his 26-year-old son. The notification was later withdrawn by the UVA Medical Center in order to be in compliance with a relatively recent change in state law.

The pertinent law should be familiar to long-time VSHL members: it is the Patient Autonomy Protection Act (PAPA), a modification to the Health Care Decisions Act that requires notice to be given at least fourteen days prior to withdrawal of medical treatment to allow the patient or family time to find another physician willing to abide by the choice for life. (It was a major VSHL legislative goal in the 2000 session of the Virginia General Assembly.) UVA agreed that it would not remove life support from Jason Childress as long as Jerry Childress makes his case in court in a timely manner.

The problem, however, is that Jason Childress is unable to speak and had not provided any documentation about his wishes in such a circumstance. (In the language of the Virginia Health Care Decisions Act, this is called an Advance Directive.) This leaves the decision up to the family, which is divided on whether to continue life support. Jason himself is not married and his parents are divorced. Jason’s mother, sister and fiancee say that Jason would not want to live with such debilitating injuries. His father, stepmother and brother believe he needs time to heal following the massive brain damage that left him in a coma.

The court appointed a third party as guardian who was asked to review all the circumstances and recommend a course of action. The guardian was a retired circuit court judge. His recommendation was that Jason’s ventilator be disconnected, which was done on September 11.

Despite the lack of a ventilator, Jason has continued breathing on his own. He was transferred to a nursing home on September 23, which is where he remained at press time.

While we do not yet know the outcome in this case, and we continue to pray for Jason Childress, we do know that tragic situations of this type can be avoided by filling out and signing a Will to Live, a type of Advance Directive that allows a person to decide what future treatment is appropriate and to appoint an agent to act on behalf of the person if the person is unable to act. This can avoid later disagreements in court and assure that a trusted agent, rather than a court-appointed third party, makes the decisions.

Further information, including a form and suggestions for a Will to Live for Virginia, can be found on the National Right to Life web page by clicking on: The Will to Live.

Published in VSHL Lifesaver, October 2003