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This article was co-authored with Ronald Neal, student-at-law. A centuries’ old practice gives personal representatives one year after the death of a deceased to wind up the deceased’s estate (calling in assets, paying estate debts, converting assets to enable distribution of the estate, etc.).  This is often called the “executor’s year”.  However, in today’s world, it frequently takes more than one year to administer an estate. What happens if a….

The cases before the court of Shalom Ouanounou and Taquisha McKitty[i] focus on the declaration of brain death and the withdrawal of life-sustaining treatment without consent. I will not address the issue of declaration of brain death as that lies outside my scope of practice, but rather will comment on consent issues as they relate to end-of-life decision-making. The law makes clear that consent is a sufficient condition for the….