Bad, Bad Surrogate

It is one thing for a surrogate to not protect the patient's preferences and best interests.  There was already significant evidence that Lana Barnes was just that type of unfaithful surrogate.  But testimony at yesterday's hearing shows that she actually took things one step further.  (Star-Tribune)  Lana deliberately altered and/or destroyed her husband's 1993 advance directive.  She produced only the part appointing her as agent but not the instructional part that indicated he would not want the aggressive treatment he is now receiving.  

Technically, the 1993 advance directive was void in any case because Al Barnes had completed a 1994 advance directive.  Minn. Stat. 145C.09.  Nevertheless, this still makes Lana looks like a very poor choice for guardian, as she appears to have committed a felony.  Minn. Stat. 145B.105 provides:

Subdivision 1. Gross misdemeanor offenses. Whoever commits any of the following acts is guilty of a gross misdemeanor:

(1) willfully conceals, cancels, defaces, or obliterates a living will of a declarant without the consent of the declarant;

(2) willfully conceals or withholds personal knowledge of a revocation of a living will;

(3) falsifies or forges a living will or a revocation of a living will;

(4) coerces or fraudulently induces another to execute a living will; or

(5) requires or prohibits the execution of a living will as a condition for being insured for or receiving all or some health care services.

Subd. 2. Felony offenses. Whoever commits an act prohibited under subdivision 1 is guilty of a felony if the act results in bodily harm to the declarant or to the person who would have been a declarant but for the unlawful act.