There's More To Schiavo Than Living Wills!
You have no doubt heard of Terri Schiavo. Ms. Schiavo is the Florida woman who passed away after living fifteen years in a persistent vegetative state. She suffered heart failure that caused severe brain damage. She did not have a living will. Her husband believed she would not want to continue living in her diminished state, while her parents sought to keep her alive through use of a feeding tube.
Ms. Schiavo's unfortunate situation has caused a large number of adults to execute living wills. Living wills generally provide for the non-use or termination of life-sustaining measures in the event a person is diagnosed to be in a terminal condition or persistent vegetative state.
If Ms. Schiavo's sad story leads more adults to execute living wills, then her legacy will no doubt be positive. However, the complete issue raised by her situation is actually much broader than living wills. Here are three additional issues to consider.
First, consider yourself. Do you have a living will? Do you have a special medical power of attorney, that authorizes your spouse or an agent of your choice to make medical decisions in the event you are unable to do so? Do you have a financial power of attorney, so your spouse or agent can handle your financial affairs if you should be incapacitated? Does your spouse, or significant other, have their documents?
According to published news reports, the Goffs apparently had not designated a guardian for their three minor children in the event of their death. This led to an unfortunate family dispute over custody of the children. You can avoid a similar situation by making sure you have properly designated a guardian for your children in the event of your death. Typically this is done in your will. If you are a grandparent, you should make sure your adult children have addressed this issue.
Third, look up a generation or two and consider your parents and grandparents. Make sure they have living wills, medical powers of attorney and financial powers of attorney. If they seek to avoid probate, make sure they have a trust agreement and that the trust is properly funded with their home and other assets, as appropriate.
If you have a parent or grandparent living in a care center, or likely to need assisted living or long term nursing home care, pay particular attention to the forms completed on their behalf. Virtually all care facilities ask their patients to complete assessment forms on admission. These forms cover issues such as resuscitation and so-called "do not resuscitate" situations, surgery (including use of pacemakers), comfort care, and the use of antibiotics, feeding tubes, intravenous fluids and respirators.
Common sense suggests that care centers may likely first examine their own forms in emergency situations, rather than living wills and medical powers of attorney. You should make sure there is no conflict between the legal documents and the assessment forms, and that your wishes are fully and completely expressed in both sets of documents. Make sure the care center has copies of any living will and medical power of attorney.
It is often helpful to discuss end of life issues both with your doctor and your lawyer, as you see them from time to time. Without a thorough discussion and understanding of the issues, "boilerplate" forms available on-line and elsewhere may not leave you fully protected.
The situations faced by Terri Schiavo and Richard and Lisa Goff do not occur often. End of life complications at care centers and hospitals surely arise more frequently, but without much attendant publicity. The shock and trauma caused by such situations, however, is very real and can usually be avoided by proper care and planning.
Ms. Schiavo's unfortunate situation has caused a large number of adults to execute living wills. Living wills generally provide for the non-use or termination of life-sustaining measures in the event a person is diagnosed to be in a terminal condition or persistent vegetative state.
If Ms. Schiavo's sad story leads more adults to execute living wills, then her legacy will no doubt be positive. However, the complete issue raised by her situation is actually much broader than living wills. Here are three additional issues to consider.
First, consider yourself. Do you have a living will? Do you have a special medical power of attorney, that authorizes your spouse or an agent of your choice to make medical decisions in the event you are unable to do so? Do you have a financial power of attorney, so your spouse or agent can handle your financial affairs if you should be incapacitated? Does your spouse, or significant other, have their documents?
According to published news reports, the Goffs apparently had not designated a guardian for their three minor children in the event of their death. This led to an unfortunate family dispute over custody of the children. You can avoid a similar situation by making sure you have properly designated a guardian for your children in the event of your death. Typically this is done in your will. If you are a grandparent, you should make sure your adult children have addressed this issue.
Third, look up a generation or two and consider your parents and grandparents. Make sure they have living wills, medical powers of attorney and financial powers of attorney. If they seek to avoid probate, make sure they have a trust agreement and that the trust is properly funded with their home and other assets, as appropriate.
If you have a parent or grandparent living in a care center, or likely to need assisted living or long term nursing home care, pay particular attention to the forms completed on their behalf. Virtually all care facilities ask their patients to complete assessment forms on admission. These forms cover issues such as resuscitation and so-called "do not resuscitate" situations, surgery (including use of pacemakers), comfort care, and the use of antibiotics, feeding tubes, intravenous fluids and respirators.
Common sense suggests that care centers may likely first examine their own forms in emergency situations, rather than living wills and medical powers of attorney. You should make sure there is no conflict between the legal documents and the assessment forms, and that your wishes are fully and completely expressed in both sets of documents. Make sure the care center has copies of any living will and medical power of attorney.
It is often helpful to discuss end of life issues both with your doctor and your lawyer, as you see them from time to time. Without a thorough discussion and understanding of the issues, "boilerplate" forms available on-line and elsewhere may not leave you fully protected.
The situations faced by Terri Schiavo and Richard and Lisa Goff do not occur often. End of life complications at care centers and hospitals surely arise more frequently, but without much attendant publicity. The shock and trauma caused by such situations, however, is very real and can usually be avoided by proper care and planning.
Copyright 2005. Published for general informational purposes only, and should not be construed as legal advice. If you need legal advice please consult with your attorney.