When putting together an estate plan, many people overlook the importance of a living will. Many of you may remember a high profile case which became a national news story in 2005 involving the husband and parents of Terry Schiavo, arguing over whether she would have wished to continue with artificial life-prolonging measures in spite of confirmation from multiple physicians that she was in a persistent vegetative state without hope for recovery.
Despite the efforts of her parents, the pro-life movement and disability rights groups that wished to keep Terri alive at all costs, a Florida court decision was upheld to respect the wishes of Terri’s husband who petitioned to have her feeding tube removed, in support of what he claimed would have been Terri’s wishes. Terri collapsed in 1990, her husband petitioned the Florida Court in 1998 and litigation drug out through 2005 when the US Supreme Court denied certiorari, allowing the lower court decision to stand and her feeding tube to be removed. All of this drama could have been avoided with a simple living will outlining her wishes in the event that such a situation arose.
Not everyone will find themselves in the same predicament as Terri Schiavo in their lives, but why take a chance. Sometimes collectively referred to as a medical directive, a living will combines with a healthcare power of attorney to allow your agent to direct your physicians to administer only the extraordinary measures you want to have taken in the event that two physicians have confirmed that you have no hope of recovery. Like most estate planning, you need to get these documents in place before something happens but they can be a tremendous help to everyone involved by avoiding inter-familial disagreements and providing peace of mind that your specific wishes will be carried out.
In my experience, most people have strong feelings about how they would like to be treated if they were faced with a no-recovery situation. Be sure to get those feelings recorded in a legal document, your living will, to avoid the questions and litigation that could otherwise occur.
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