THE POWER TO CARRY OUT YOUR WISHES.
In 1990, Terri Schiavo suffered severe brain damage when she collapsed in her home due to heart failure. For the past 13 years, she has been kept alive through the use of a feeding tube. Her husband and parents have been the center of a lengthy and continuous court battle over whether Terri should be kept alive indefinitely in a persistent vegetative state with this feeding tube, as her parents wish or, if she should be allowed to die, as her husband wishes. Had Terri Schiavo signed a Living Will and a Durable Power of Attorney naming an attorney-in-fact, this long and painful battle could have been avoided.

Living Wills: A Living Will is a legal document that speaks only when you are unable to speak and you are about to die or when the doctor thinks you will never recover from a coma. It tells doctors that you do NOT wish to prolong death. In this document , you may also state whether you want to be kept alive by using tubes to give you food and water and can indicate your wishes to donate (or not) part (or all) of your body after death. Anyone who wants to ensure their wishes to NOT prolong death are carried out should they become incapable of speaking for themselves should have a Living Will. If you change your mind, you can revoke or cancel your Living Will at any time by destroying it or telling your doctor your desire to revoke it. A revocation document is also available if you prefer.

Durable Power of Attorney for Health Care (Proxy Designation): A POA helps to enforce your Living Will by allowing you to designate a person to make health care decisions for you IF you become incapable of speaking for yourself. It is best to choose a family member or close friend as your attorney-in-fact, but most importantly, choose someone who will carry out your wishes! You should know that any of your health care providers, anyone who runs a health care institution (such as a hospital or nursing home) or anyone who works for these people is unable to serve as your attorney-in-fact unless they are a relative. Except in special cases, your conservator is not eligible for this role either. Check with your attorney if you would like to have your conservator as your attorney-in-fact.

If your wishes are to exercise every option for prolonged life, do not sign a Living Will, do choose an attorney in fact using a durable power of attorney and contact a lawyer competent in elder law.

These documents are extremely important to ensuring your wishes are known and carried out, however, they do not work if no one knows you have them. Give copies to your family members, close friends and to your doctors. Keep the originals in a safe place with other important documents.

Paul Plant is a participating member of the
National Academy of Elder Law Attorneys.
For more information on these and other advanced
planning issues, feel free to call Paul at 726-7528