Contract analysis

I. DECLARANT IDENTIFICATION AND PREAMBLE I, Jonathan Robert Caldwell, born March 14, 1956, a resident of the State of New York, currently residing at 418 East 72nd Street, Apt. 14A, New York, New York 10021, Social Security Number ending in 4781, being of sound mind and acting of my own free will, without coercion, duress, or undue influence of any kind, do hereby make this Living Will and Advance Directive to provid

II. DEFINITIONS As used in this Living Will and Advance Directive, the following terms shall have the meanings set forth below: "Attending Physician" shall mean the physician who has primary responsibility for my medical care at the time any decision under this directive must be made, whether such physician is employed by a hospital, a long-term care facility, a home health agency, or is in private practice. "Termina

III. GENERAL STATEMENT OF INTENT I, Jonathan Robert Caldwell, value the quality of life and personal dignity above the mere prolongation of biological existence. I have lived a full and meaningful life, and I believe that there are circumstances under which the continuation of medical treatment serves no purpose other than to delay the inevitable and to impose unnecessary suffering upon me and upon those who love me.

IV. SPECIFIC DIRECTIVES REGARDING LIFE-SUSTAINING TREATMENT A. Terminal Condition If I am diagnosed with a terminal condition, as defined in Section II of this Living Will, and such diagnosis has been confirmed by two (2) or more licensed physicians who have personally examined me, I direct that the following measures be taken, or withheld, as specified:

1. Mechanical Ventilation and Artificial Respiration. I direct that mechanical ventilation and artificial respiration be withheld or, if already initiated, withdrawn. I do not wish to be placed on a ventilator or any other device that artificially sustains respiratory function if such treatment serves only to prolong the dying process.

2. Cardiopulmonary Resuscitation. I direct that no cardiopulmonary resuscitation (CPR) be performed if I experience cardiac arrest or respiratory arrest. This includes, without limitation, chest compressions, electrical defibrillation, endotracheal intubation, and the administration of cardiac resuscitation drugs. I wish that a Do Not Resuscitate (DNR) order be entered in my medical record and honored by all treating

3. Artificial Nutrition and Hydration. I direct that artificial nutrition and hydration, including nutrition and fluids delivered by nasogastric tube, gastrostomy tube (PEG tube), intravenous line, or any other artificial means, be withheld or withdrawn, unless my attending physician, in consultation with my health care agent, determines that the provision of such nutrition or hydration is necessary solely to maintai

4. Dialysis and Kidney Replacement Therapy. I direct that no renal dialysis, hemodialysis, peritoneal dialysis, or other kidney replacement therapy be initiated on my behalf. If I am currently receiving dialysis at the time of the diagnosis of a terminal condition, I direct that such treatment be discontinued.

5. Surgical Procedures. I direct that no surgical procedures be performed on my behalf if such procedures are intended solely to prolong my life. This does not include minor procedures that may be necessary to provide comfort or to manage pain.

6. Antibiotics and Medications. I direct that antibiotics, antiviral agents, and other medications may be administered to me only for purposes of comfort and symptom management, and not for the purpose of prolonging the dying process. If an infection develops and treating that infection would serve only to extend the period of dying, I do not wish to receive antibiotic treatment. However, if an infection is causing m

7. Blood Transfusions. I direct that blood transfusions and blood product administration may be withheld if such transfusions serve primarily to prolong the dying process rather than to enhance my comfort. If a transfusion would be expected to relieve specific symptoms that are causing me distress, such as severe anemia-related shortness of breath, my health care agent may, in consultation with the attending physicia

1. Withdrawal of All Life-Sustaining Treatment. All life-sustaining treatment, as defined in Section II of this Living Will, shall be withheld or withdrawn. My care shall be limited to palliative and comfort measures only.

2. Artificial Nutrition and Hydration. Artificial nutrition and hydration shall be withdrawn after a reasonable observation period following the certification of permanent unconsciousness. This observation period shall not exceed fourteen (14) calendar days from the date on which two qualified physicians have certified my condition as permanently unconscious, unless my attending physician determines, in consultation

3. Mechanical Ventilation. Mechanical ventilation and artificial respiration shall be withdrawn. If I am dependent upon a ventilator, the withdrawal shall be conducted in a medically appropriate manner, with adequate sedation and pain management to ensure my comfort during the process.

4. Cardiopulmonary Resuscitation. No cardiopulmonary resuscitation (CPR) shall be performed under any circumstances. A Do Not Resuscitate (DNR) order shall be entered and maintained in my medical record.

5. Limitation of Treatment to Comfort Measures. All treatment shall be limited to palliative care and comfort measures as defined in Section II of this Living Will. This includes the provision of oral care, hygiene, management of skin integrity, and the administration of medication for any distress or discomfort, even if the source of such discomfort is uncertain given my unconscious state. C. Advanced Dementia or Ir

1. Cardiopulmonary Resuscitation. I do not wish to receive cardiopulmonary resuscitation (CPR) under any circumstances. A DNR order shall be entered and maintained.

2. Mechanical Ventilation. I do not wish to be placed on mechanical ventilation or any form of artificial respiration.

3. Artificial Nutrition and Hydration. I do not wish to receive artificial nutrition and hydration by any means, including nasogastric tube, gastrostomy tube, intravenous line, or subcutaneous infusion. Oral feeding and hydration may be offered as tolerated, but I do not wish to receive artificial means of sustaining nutrition if I am no longer able to eat or drink safely by mouth.

4. Comfort-Focused Care. I wish to receive comfort-focused care only, directed at managing pain, providing physical comfort, and maintaining dignity.

5. Deference to Health Care Agent. With respect to medical decisions not specifically addressed in this subsection—including, but not limited to, the appropriateness of administering antibiotics for infections, the advisability of hospitalization versus treatment in place, and the use of other medical interventions—I defer to the judgment of my health care agent, Eleanor V. Caldwell, or, if she is unable, unwilling,

V. PALLIATIVE CARE AND PAIN MANAGEMENT Under all circumstances described in this Living Will and Advance Directive—whether I am diagnosed with a terminal condition, a state of permanent unconsciousness, advanced dementia, or any other condition in which the directives of this document are applicable—I wish to receive full palliative care and comprehensive pain management. The following provisions reflect my deeply he

1. Medication for Pain Relief. I authorize and direct my attending physician and all health care providers responsible for my care to administer medication for pain relief in whatever type, combination, and dosage is necessary to keep me comfortable and free from pain, even if such medication may have the effect of suppressing respiration, hastening unconsciousness, or hastening my death. I understand the medical pri

2. Comfort and Dignity. I wish to be kept clean, warm, and as free from pain, distress, and indignity as possible. I request that my caregivers provide attentive hygiene, including oral care, skin care, and repositioning as needed to prevent discomfort. I wish my physical surroundings to be as comfortable and peaceful as circumstances allow.

3. Spiritual, Emotional, and Psychological Support. I desire to receive spiritual, emotional, and psychological support as appropriate and consistent with my personal wishes and the traditions of my family. I have been a lifelong Episcopalian, and I would welcome the visits and prayers of a member of the clergy, if available. I also welcome the presence and comfort of my family, friends, and any other persons whom my

4. Setting of Care and Family Presence. I wish, if practicable and consistent with the provision of appropriate medical care, to be in the company of my family at the time of my death. I express a strong preference to die at home—at my residence at 418 East 72nd Street, Apt. 14A, New York, New York—or, if that is not feasible, in the most homelike setting available, such as an inpatient hospice facility. I prefer not

5. Hospice Care. I authorize and encourage my health care agent to enroll me in a hospice program when such enrollment is medically appropriate, and I consent to the provision of hospice care in my home or in a hospice facility.

VI. ORGAN AND TISSUE DONATION I have given thoughtful consideration to the matter of organ and tissue donation, and I hereby express my wishes as follows:

1. Consent to Donation. I wish to make available any of my organs and tissues for transplantation upon my death, if such organs and tissues are medically suitable for transplantation. This includes, without limitation, my heart, lungs, liver, kidneys, pancreas, intestines, corneas, skin, bone, tendons, heart valves, and any other organs or tissues that may be of benefit to living recipients.

2. Authority of Health Care Agent. I authorize my health care agent, Eleanor V. Caldwell, or my successor health care agent, Katherine C. Hartfield, to consent to organ and tissue donation on my behalf and to make any decisions necessary to facilitate such donation, including decisions regarding the specific organs or tissues to be donated and the recipients or organizations to receive them.

3. Temporary Maintenance of Life-Sustaining Treatment for Organ Preservation. I recognize that organ donation may, in certain circumstances, require the temporary maintenance of life-sustaining treatment after the determination of my death, solely for the purpose of preserving the viability of organs and tissues for transplantation. I consent to such temporary measures for a period not to exceed twenty-four (24) hour

4. No Conflict with End-of-Life Directives. Nothing in this Section VI shall be construed to require the initiation, continuation, or restoration of life-sustaining treatment that I have directed to be withheld or withdrawn under Sections IV or V of this Living Will, except as expressly provided in paragraph 3 of this Section VI regarding the temporary preservation of organs following the determination of death.

VII. RELATIONSHIP TO HEALTH CARE PROXY This Living Will and Advance Directive is intended to supplement and operate in conjunction with my Health Care Proxy, executed on this same date, April 1, 2023, pursuant to Article 29-C of the New York Public Health Law. The Health Care Proxy designates the following individuals: Primary Health Care Agent: Eleanor V. Caldwell, residing at 418 East 72nd Street, Apt. 14A, New Yor

VIII. COMMUNICATION OF WISHES TO PHYSICIANS AND HEALTH CARE PROVIDERS I request that a copy of this Living Will and Advance Directive be placed in my permanent medical record maintained by my primary care physician and by any hospital, nursing facility, hospice, or other health care institution at which I receive care. I further request that my health care agent provide a copy of this document to any physician or hea

IX. REVOCATION I reserve the right to revoke this Living Will and Advance Directive at any time, in whole or in part, regardless of my physical or mental condition at the time of such revocation. I may revoke this document by any of the following means: (a) executing a signed, written revocation, whether or not witnessed or notarized; (b) making an oral statement expressing my intent to revoke this directive, in the

X. SEVERABILITY If any provision of this Living Will and Advance Directive is held by a court of competent jurisdiction or by operation of law to be invalid, illegal, or unenforceable under the laws of the State of New York or any other applicable jurisdiction, such invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of the remaining provisions of this document. The

XI. GOVERNING LAW This Living Will and Advance Directive shall be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of law. To the extent that I am receiving medical care in a jurisdiction other than New York, I request that the laws and authorities of that jurisdiction give this document the fullest effect permissible under their applicable laws

XII. DECLARANT'S SIGNATURE AND EXECUTION I, Jonathan Robert Caldwell, have read this Living Will and Advance Directive in its entirety. I understand its contents and their legal significance. I execute this document voluntarily, of my own free will, and with full knowledge of its consequences. ________________________________________ Jonathan Robert Caldwell Date: April 1, 2023

XIII. WITNESS ATTESTATION We, the undersigned witnesses, declare and attest as follows: The foregoing Living Will and Advance Directive was signed by Jonathan Robert Caldwell (the "Declarant") in our presence on April 1, 2023. We observed the Declarant sign this document. At the time of signing, the Declarant appeared to us to be of sound mind, fully aware of the nature and contents of this document, and under no dur

XIV. NOTARY ACKNOWLEDGMENT (Optional but Recommended) STATE OF NEW YORK COUNTY OF NEW YORK On this 1st day of April, 2023, before me, the undersigned Notary Public, personally appeared Jonathan Robert Caldwell, known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capaci