Advanced Medical Directives and Living Wills
Terri Schiavo was just 26 years old when she collapsed in her home, leaving her severely brain damaged for the past 15 years. Ms. Schiavo died on March 31, 2005, thereby ending a much publicized seven year legal battle over her desired course of medical treatment. Regardless of their opinions over these tragic set of circumstances, most legal experts agree that the legal drama that captured America's attention over the course of the past several months could have been avoided had Ms. Schiavo executed a living will and/or advanced medical directive. Nevertheless, notwithstanding the simplicity of the documents, it is estimated that as many as 75 percent of Americans do not have written directives for their families to follow in the event they are unable to make their own health care decisions.
A living will is a legal document expressing an individual's wishes for the kind of life-sustaining medical intervention to be provided or withheld in the event the individual cannot communicate his or her desires where life-sustaining medical intervention would only prolong artificially the dying process. A living will may be prepared by anyone over the age of 18 and may be cancelled or revoked at any time.
An advanced medical directive (sometimes called a medical power of attorney) is a legal document that designates an agent to make health care decisions for an individual who is unable to do so. While this decision making authority may include one's desires for life support measures, it also may cover the employment of health care providers (including doctors, psychiatrists, dentists, nurses and therapists), the admission and discharge from health care facilities and the consent to medical procedures.
The existence of a living will and/or advanced medical directives does not guarantee that family members will not disagree over your best interests, or that litigation will not ensue over a suggested course of medical treatment. Nevertheless, having such documents is one of the best ways to have a say in your medical care when you otherwise cannot express yourself. These chances are further increased through the appointment of a health care agent who understands your interests and wishes and will be able to advocate your position should the need arise.
A simple internet search can result in a check-the-box form creating both living wills and advance medical directives. While potentially useful, such forms typically fail to consider important issues such as the administration of food and water, medication for pain and comfort and certain religious beliefs. All of these matters should be given careful consideration before future health care decisions are finalized.
The attorneys in Jackson & Campbell's Trusts & Estates Practice Group have over 50 years of combined experience in estate planning matters. A member of our estate planning team would be happy to discuss the preparation of a living will, advanced medical directive or any other estate planning issue that you may have.
If you require any further information regarding this announcement, please contact Alan Swendiman, ASwendiman@jackscamp.com, at the law firm of Jackson & Campbell in Washington, D.C.
The contents of this Trusts & Estates Law News Alert are intended for general informational purposes only and should not be considered legal advice. Moreover, the mailing of this Trusts & Estates Law News Alert is not intended to create nor does it constitute an attorney-client relationship.
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