New Study’s Implications for Brain-Damaged Patients and Their Corresponding Estate Plans

Are medically unresponsive patients truly unresponsive? A recent article published by the New York Times reviews a study that examined this very question. The study’s results reveal the fact that, in all likelihood, unresponsive individuals with severe brain damage might be more consciously aware than the medical community previously thought. As we discuss in this blog, the results have huge implications in both a medical sense and a legal sense, both of which are important for our client community to consider moving forward.

Overview of the Study

Leading teams of neurologists at six different research centers teamed up to conduct this study, which they then published in August 2024. The study looked at hundreds of patients with some kind of brain damage – the damage could have been from a car accident or another incident that resulted in severe trauma to the patient’s head. All of the patients were deemed “unresponsive” – this means that doctors determined that they were either in a vegetative state or were “minimally conscious.” For many individuals, this in turn meant that they were in a sort of “in between” state: their eyes might have been open, but they were not responding in a traditional sense to any triggers in the outside world.

The Study’s Results and Its Implications

According to the study’s results, 25% of the patients that the researchers examined had brain activity typical of individuals with full consciousness. The study’s leaders asked the brain-damaged patients to complete somewhat complex mental tasks while they were in their vegetative state, such as imagining themselves playing a sport. Upon studying images of the patients’ brains after posing these questions, the scientists noticed that a quarter of the patients showed clear signs of brain activity suggesting they were aware of the prompt and actively engaging in the exercise. The researchers compared the brain-damaged individuals’ brain activity to healthy individuals’ brain activity, and they employed qualified statisticians to help them understand the results that they obtained.

The study took almost a decade to carry out, and already doctors are already signaling that the research is cutting edge. One prominent neurologist indicated that “it’s not ok to know this [information] and do nothing.” Experts in the field are abuzz and equipped with new perspectives on limited consciousness, as well as with new hope that many brain-damaged patients are faring better than we once believed. Because these patients’ brains are more active than doctors previously understood, there may be more we have yet to understand about these individuals’ medical conditions.

The study could have significant results for the medical community. Typically, when a doctor informs a patient’s loved one that he or she is incapacitated, the family loses hope. This study, however, may open the door to rethinking how these patients could recover. In fact, it may suggest that a larger percentage of the patients could reach a fuller recovery, which in the past has been outside the realm of possibility.

Advance Declarations and Estate Plans

The study could also have significant ripple effects in the legal community; for example, it might have an impact on individuals that are currently thinking about their estate plans. One essential part of an estate plan is an Advance Declaration, which is a legal document providing instructions for your medical care. The instructions only go into effect when you are incapacitated and unable to communicate your preferences (i.e., the instructions are not relevant as long as you are fully aware and capable of making decisions for yourself). The Declaration could include provisions such as what kind of treatment you prefer, whether you should be resuscitated in an emergency, who should make decisions on your behalf (both medically and financially), and how doctors should proceed if you are in a vegetative state.

The research has not yet been translated to tests that can be used for patients today. But clients who want to take advantage of this research can change their Advance Declarations to modify how long they stay in a persistent vegetative state or to demand one of these tests when they do become generally available. Clients even have the option of stating that life support should not be removed until this test is conducted, even if that results in a wait of many years.

In the end, each person must make his or her own decision about how to formulate their estate plan based on their own goals and preferences. Because of the groundbreaking nature of this study, though, many might want to rethink some parts of their estate plan, especially as science continues to help us understand and make advances that we had previously not thought possible. Whether or not you might want to use this study to inform your own estate plan, it is critical to speak to a Boulder estate planning attorney that can help you understand your options and think through how you and your family might want to move forward.

Are You Looking for a Boulder Estate Planning Attorney for You or a Loved One?

To learn more about Advance Declarations and how this trailblazing study might apply to your own estate plan, give us a call today at the Braverman Law Group. We are a team of experienced, empathetic, thorough Boulder estate planning attorneys, and our years of experience in the field make us well equipped to advise our clients on how to proceed in the midst of uncertain situations. To make sure you, your family, and your loved ones are well taken care of, get the best team of Boulder estate planning attorneys in your corner – at Braverman Law Group, we are proud to offer the highest quality services for our beloved Colorado community.

For a free, no-obligation consultation with one of our Boulder estate planning attorneys at Braverman Law Group, give us a call today at (303) 800-1588. If you prefer, you can also fill out our online form to tell us about your legal issue and have a member of our team reach back out to you as soon as possible. Our firm covers estate planning, trust administration, special needs planning, Medicaid planning, and more.