We all seek to
minimize the trauma endured by our loved ones at
the time of our demise. We should, thus,
not underestimate the importance of designating
a health surrogate that will implement our
medical care preferences. This can be
achieved by the execution of a document known as
“Living Will.” This surrogate will have
the authority to act on one’s behalf in the
event one loses the capacity to make medical
decisions. The classic example is when a
person falls into a comatose state as a result
of an accident or medical condition.
In this document a
person that will act as your Power-of- Attorney
is designated and conveyed the authority to
implement one’s preferences as to medical
treatment if incapacity precludes one from
expressing preferences to the medical
provider(s). In the event a person falls
into a permanent vegetative state, the surrogate
is authorized to reject medical treatment
extending life through artificial means.
One could also instruct a surrogate to direct
medical providers to keep one alive regardless
of the circumstances. Moreover, upon leaving
specific instructions, family members will not
have to bear the burden of making this difficult
decision.
The case that best
illustrates the importance of executing this
type of instrument, is the famous Terry Schiavo
case in Florida. Terry Schiavo was a young
woman that suffered a myocardial infraction that
deprived her of oxygen to the brain for
approximately 14 minutes and caused significant
brain damage. The young lady fell in a
vegetative state which lasted approximately
fifteen years. The years of medical
treatment were unsuccessful, and it became
obvious that her vegetative state was
irreversible. As a result, her husband,
Mr. Schiavo decided, with the concurrence of her
doctors, that continuing to maintain her alive
through artificial means was inhuman.
Mrs. Schiavo’s
parents opposed this decision, which provoked
one of the most controversial legal
battles in this country’s history. After
hearing the testimony of the medical personnel,
the Court decided that Mr. Schiavo had the right
to stop the use of artificial means. All
appeals were exhausted, as were the political
maneuverings that need not be discussed.
At last, the Courts upheld the right of Mr.
Schiavo to decide the fate of his wife.
Unfortunately, however, the animosity created
during this judicial battle divided this family
forever.
Had Mrs. Schiavo executed
a document expressing her preferences, the emotional
trauma caused to this family as a result of this
prolonged litigation could have been avoided.
There is no doubt that the husband and the parents
of this young lady loved her very much, which is why
they fought to pursue the outcome they believed she
would have preferred. Since she never
expressed her preferences, no one will ever know who
was right. I have found various model
documents on the Internet that claim to be legally
sufficient. One must be careful in using these
model contracts because not all contemplate
particular situations that may be applicable to
particular circumstances. Therefore, I
recommend that people seek the attorney of
preference and instruct him/her to draft a living
will with specific desires. The death of a
loved one even though tragic tends to unite the
surviving family. By contrast, in the case of
Mrs. Schiavo, the animosity created through the
judicial battles did not make this unity possible.
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