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.