What Happens When a Pregnant Woman Is Declared Brain Dead?

When a woman is declared brain dead, but still pregnant, who decides what happens next? And what if she made her wishes clear, but the law says they don’t matter?

Jill explores the tragic case of Adriana Smith, a young nurse from Georgia whose body was kept on life support for four months after brain death because she was nine weeks pregnant. 

This episode tackles uncomfortable questions about autonomy, abortion law, and what happens when healthcare decisions collide with unclear legal guidance.

What Jill covers in this episode:

• The story of Adriana Smith, who was declared brain dead when she was 9 weeks pregnant
• How Georgia's abortion and advance directive laws might have affected her care
• The 2013 case of Marlise Munoz and Texas’s pregnancy restrictions on end-of-life care
• The Dobbs  United States Supreme Court decision: what it actually did, and what the dissent said
• Georgia’s advance directive statute and its impact on end-of-life care for pregnant women
• A 2019 JAMA study showing how 31 states restrict advance directives during pregnancy
• Reflections on what it means to feel powerless and why kindness matters in hard conversations

Connect with Jill:

• Website: DeathReadiness.com
• Email: [email protected]
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This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy.

Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents.

Disclaimer: This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.