If Terri Schiavo had a Living Will, the decision on what should happen to her and whether or not her treatment should be stopped would be a simple one. Unfortunately, since Terri did not have either a Power of Attorney or a Living Will, it left who determines her condition up in the air. Is it her husband who’s already shacking up? Is it her mom and dad who want to protect their daughter?
While Michael Schiavo is making all the decisions and the court is just rubberstamping them, the Schindler family, Terri’s parents, are fighting for a say in the life and death of their daughter.
You can prevent such a thing from happening if you are in an accident or incapactitated with two documents, both of which are easily created using online services (or a lawyer if your situation is more complicated).
The first document is a Living Will, otherwise known as an Advance Heatlh Care Directive. According to legacywriter.com, one of the leading online will preparation services, a Living Will is the following:
A Living Will (also known as an Advanced Health Care Directive) is a document that lets you decide whether you would like to be kept on artificial life support if you are ever permanently unconscious or otherwise dying and unable to speak for yourself. For example, if medical treatment would only prolong your death, you may specify that treatment be halted.
In Terri’s case, the largest debate is whether or not she would “want to live like that,” a bone of contention between her family and her “husband.” A Living Will clearly states the patient’s wishes and would eliminate any legal wrangling, as you would make this decision long before anything actually happened.
A second document, known as a Power of Attorney, allows someone to make legal decisions for you:
A Power of Attorney is a document that gives someone you trust the legal authority to act for you in the financial matters that you choose. For instance, if you are away on a long vacation or if you become mentally unable, you may need a power of attorney in place so that someone can take care of your financial matters.
As an example, in this case, if Terri had a power of attorney on file delegating authority to Michael, and owned the house, Michael could sell the house as her delegate (Note, that this is not a current battle in the courts, I’m only using hypotheticals).
Both of these documents are extremely important, as evidenced by the struggle in Flordia to keep Terri alive. In order to save your family from the burden of making uninformed decisions about your health, please either check out an online service like Legacy Writer or speak with your attorney. No one should have to debate your wishes in court if you’re unable to.