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The legal battle over Terri Schiavo points out the need for people to prepare living wills to help ensure their wishes are carried out. Schiavo had no living will when she suffered a heart attack that caused severe brain damage. Without a written document, her husband and parents battled for years about what she would havewanted in the way of medical intervention.
The removal of Schiavo's feeding tube and her controversial dealth increased many Americans' awareness of end-of-life issues. Across the country, bar associations, medical associations and others urged people to create living wills and designate health care proxies. Here are some considerations concerning health care advance directives, such as a living will or durable power of attorney for health care:
A living will is meant to specify the type of medical care you want (or
don’t want) if you’re no longer able to speak for yourself.
Years ago, people trusted family members or doctors to make these decisions at the end of their lives. Today, managed care and medical technology have complicated the issue. Patients can live in a coma or "vegetative state" for years, sustained by antibiotics, ventilators and feeding tubes.
But without written guidance, it's uncertain what will happen if you —— or a loved one—— becomes permanently unconscious or another medical situation prevents your wishes from being known. Doctors might make treatment decisions or information might be gleaned from family members and loved ones about your wishes. If there is no consensus, the matter can lead to family feuds and court battles, as it did withTerri Schiavo's husband and parents.
A living will is not the same as a durable power of attorney for health care or healthcare proxy, which gives a trusted person the authority to make medical decisions onyour behalf if you are unable to do so. However, the two documents are often used inconjunction with each other.
Relatives often agonize over whether to continue artificial feeding, hydration andrespiration. This is the situation a living will is meant to avoid.
But even with a living will, a person’s wishes occasionally run headlong intoopposition from a doctor or hospital. In that situation, you may want to transfer care toa doctor or medical facility that is more compatible with your own desires. Something as personal as a living will can be vulnerable to politics.
Most people think living wills are only for the elderly. But disability or the inability to communicate medical wishes can also strike a young person, as we learned in the Schiavo case. So it's in your best interests to have written instructions no matter whatyour age.
One popular living will provision is the “DNR” or “do not resuscitate” order. This means that if a person stops breathing, he or she doesn’t want cardio pulmonary resuscitation (CPR.) It’s your right to refuse such intervention, and a living will shouldstate this. Some people, particularly the elderly, wear necklaces or bracelets, or carry a wallet card containing this crucial provision.
While DNR orders don’t vary much, definitions that can affect care vary from state to state. For example, terms such as “permanent unconscious” or “terminal condition” are defined in each state’s statute, so familiarize yourself with how your state interprets them. An estate planning attorney can provide more information.
Today's technology and end-of-life care make living wills a necessity. By making your wishes known in writing, you can spare your loved ones the agony of having to make difficult decisions on your behalf.
Living Will Basics
- Anyone age 18 or older and of sound mind can make a living will.
- It must generally be witnessed by two adults who are not responsible for your medical care or related to you by blood, marriage or adoption.
- A living will only becomes effective if you can no longer make medical decisions orcommunicate wishes related to your health care.
- Keep a living will with your medical records. Copies should be given to peopleclosest to you, doctors and the facilities where you’re a patient.
- A living will doesn’t expire, but it’s a good idea to review it periodically to see if itstill represents your wishes. If not, you can revoke or revise the document.
Legal Disclaimer. This information has been provided for informational purposes only. It does not constitute legal advice. The receipt of this information does not establish an attorney client privilege. Proper legal advice can only be given upon consideration of all the relevant facts and the law. Therefore, you should not act upon any information contained herein without seeking appropriate legal counsel.
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