Living Wills
The Law Bag
Living Wills
It’s been several years, but I’m willing to bet that the name Terri Schiavo still rings a bell. In March 2005, Ms. Schiavo’s case captured our attention and prompted an often contentious national debate as to end-of-life choices. That debate, however, was certainly tame compared to the painful drama that played out among Ms. Schiavo’s family.
Ms. Schiavo was on life support – she could not survive without a feeding tube – and she was diagnosed as being in a permanently vegetative state. Because Ms. Schiavo left no clear direction as to her end-of-life decisions, her family fought it out. Debate raged between her husband (who argued that Ms. Schiavo would want life-support removed) and her parents (who argued that she was conscious and should continue to receive life support). And Ms. Schiavo lingered on, unable to make her wishes known and, likely, even unaware that her loved ones and the nation were embroiled in a dispute as to her fate. Eventually, after years of family feuding, a court decided that life support should be removed, and Ms. Schiavo died from dehydration.
Like Ms. Schiavo, we all will face the end of life. That’s out of our hands. But how we face it and what burdens we leave for our loved ones is not. By creating a living will, you may set forth whether you want to receive life-sustaining treatment (including artificially supplied nutrition and hydration) if you are unable to make informed medical decisions and are in a terminal condition or a permanently unconscious state. A living will communicates your wishes to your doctors and loved ones, even when you can’t.[i]
Had Ms. Schiavo executed a living will, her wishes would have been known, and there would have been little, if any, room to debate whether life-sustaining nourishment and hydration should have been removed. Granted, the media storm created by Ms. Schiavo’s case was extraordinary. But it highlights why a living will is such an important part of an estate plan. By creating a living will, you make your end-of-life decisions known via a legally enforceable document. Your loved ones will be thankful they don’t have to guess at what you would have wanted or, worse, fight over your fate.
The foregoing is for informational purpose only and is in no way intended to be, nor should it be construed as, legal advice.
Matthew M. Nee is an attorney who lives and works in Lakewood. Matthew owns the Law Firm of Matthew M. Nee and practices litigation, business counseling, and estate planning. Matthew may be contacted at mattnee@neelawfirm.com or 216-832-6311.
[i] Please note that a living will is not necessarily the same as a health care power of attorney. A health care power of attorney is a legal document by which you nominate someone to make health care decisions for you when you are unable to do so. Such decisions might, but do not necessarily, include end-of-life choices.