Teri Schiavo
March 31, 2016 marked eleven years since the death of Terri Schiavo. She passed away after her feeding tube was removed after a long and public legal battle between her husband and parents.
Ms. Schiavo suffered cardiac arrest in her mid-twenties. She suffered a brain injury and was in a coma for nearly 15 years . Her husband, Michael Schiavo, believed that Ms. Schiavo would not want to continue living in a coma indefinitely. Ms. Schiavo, unfortunately, did not have a Living Will to express what she wanted to have happen in such a situation.
Ms. Schiavo’s parents, however, believed that Michael Schiavo in some way caused Ms. Schiavo’s cardiac arrest and resulting coma. They argued that Ms. Schiavo would not want to be taken off of life-support, but rather would want to receive life-sustaining measures. Eventually, this legal battle became a political battle. The Florida Legislature, then-Gov. Jeb Bush, Congress, and President George W. Bush all eventually voiced their opinion and sought to influence this fight between family members. We can never know Ms. Schiavo’s desires regarding what to do in this situation, she surely would not have wanted her husband and parents to wage such a public and acrimonious battle for fifteen years.
Why Living Wills are So Important
Ms. Schiavo’s sad story shows how important it is for each of us to have estate planning documents, including a Living Will, that provide clear instructions regarding our desired medical decisions when we are unable to do so for ourselves. A New York Times Editorial (http://www.nytimes.com/2012/03/31/opinion/taking-responsibility-for-death.html) cited a 2006 Pew Research Center poll that showed that Americas are very divided in their opinions regarding end-of-life measures. Twenty-two percent said that doctors should try to save someone’s life in this situation, and seventy percent said that sometimes a patient should be allowed to die. More than half would not want to continue to receive life-extending measures if they suffered great pain or there was no chance of rehabilitation or healing. It is clear that we cannot rely on a consensus to always make the right decision for our specific situations. A Living Will is an excellent way to make your wishes known so that they can be fulfilled.
Incredibly, not many Americans have adequately discussed their medical wishes with those people who will be in a position to make these decisions. Barely more than two-thirds have talked with their spouse, and less than twenty percent have talked with their children. Only one-third of Americans have a Medical Power of Attorney, a Living Will, or both. The individuals who do not have these documents must rely on courts to help discern and enforce their wishes, a difficult proposition!
There will soon be more than 8.5 million Americans over 85. About half of these individuals will eventually have to grapple with Alzheimer’s or dementia. They need to develop this aspect of their estate planning before they lose the capacity to do so.
We will all probably be disabled at some point during out lives. We should not wait until we are 85 to prepare our own Medical Power of Attorney or Living Will. These documents will help your loved ones know your wishes, so they can try to fulfill them to the best of their abilities and after we can no longer express them ourselves. Incapacity planning is an area of estate planning that especially requires the help of a knowledgeable attorney to help focus and develop these issues.
Please contact The Rains Law Firm or schedule a complimentary initial meeting to begin your appropriate plan.