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On February 25, 1990, Terri Schiavo suffered
severe brain damage and fell into a persistent vegetative
state after experiencing respiratory and cardiac arrest.
In 1998, her husband and legal guardian, Michael
Schiavo, petitioned a Florida court to have his wife’s
feeding tube removed, thus allowing her to die.
The next seven years saw increased media attention
surrounding this case, as Michael Schiavo battled his wife’s
parents in court over whether or not Terri would want to continue
living in a persistent vegetative state. The case was eventually
resolved in March of 2005 when a court ruled to remove Terri’s
feeding tube. She died several days later.
This is a heartbreaking and tragic case. A young
woman with no control over her life became the center of vague
legal case. However, she taught many American’s an important
lesson; a person needs to have a living will, that clearly
outlines all of your wishes should you become incapacitated
and unable to make medical decisions.
The crux of the Terri Schiavo case was the fact
that Terri did not have a living will. There was only the
word of her husband that she stated she never wanted to live
in such a state. Her parents on the other hand, insisted that
she would want to continue living.
In Massachusetts, living wills are not valid
or enforceable. However, they are an incredibly important
part of a person’s overall probate plan. The widely
used and important probate documents in Massachusetts are
a will, a durable power of attorney and a health care proxy.
- A will governs the distribution
of your estate after you die.
- A durable power of attorney
allows a designated person to conduct your financial affairs
in the vent you become incapacitated.
- A health care proxy is a
designated person that makes medical decisions in the event
you become incapacitated.
The dilemma is created when family members are
at odds regarding the appropriate medical decisions –
often with life or death consequences. Such as with the Terri
Schiavo case. The health care proxy ultimately has the final
decision, but sometimes at the expense of tearing a family
apart.
A living will can be used as a guide for the
health care proxy to ensure that they are making the appropriate
decisions. A living will governs what medical procedures or
life sustaining measures a person wants to be implemented
or withheld in the event they are incapacitated and their
physicians determine they will not likely recover or regain
meaningful quality of life. Some examples of the life sustaining
measures that are typically discussed are artificial respiration,
artificial feeding and hydration, antibiotics, and surgery.
The decision to implement or withhold
these measures is extremely personal and the health care proxy
needs to have assurance that they are following the wishes
of their close friend or family member. This burden does not
need to fall on the health care proxy without some guidance
from a living will.
If you have questions about drafting
a living will or any other probate and estate planning needs,
contact us for a free confidential
consultation and receive a response within hours,
or call toll free 866-414-0400.
Downloads
Will
Worksheet
Massachusetts Legal Briefs
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Support Increased Based on Income Disparity
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Not Ordered to Pay Support After Oral Contract to Become Parent
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