Cuyahoga Falls Advance Directives Attorney
The Last Chapter on Terri Schiavo: What We Can Learn From Her
The entire nation watched through the media as the struggle about Terri Schiavo's life played out over the last few years. Terri's young life changed abruptly when she suffered severe brain damage. The struggle was whether she should be kept alive by artificial tube feeding. Unfortunately, Terri had no living will or health care power of attorney which stated her wishes. Had she had something documented about her wishes, the conflict between her parents and her husband may have played out differently or not at all.
What can you do to avoid this situation occurring to you or your loved ones?
" Educate yourself about Advance Directives and execute these documents which include a Health Care Power of Attorney and Living Will.
" Discuss your wishes with your Agents and provide copies to your Agents, your physician, and hospital.
Educate yourself about Advance Directives and execute these documents.
Advance Directives include two documents: the Health Care Power of Attorney and the Living Will. The Health Care Power of Attorney is the document in which you choose someone you trust to make health care decisions for you if you are not able to make them yourself. The person you name to make health care decisions for you is called your Agent. You may choose more than one Agent. If you become physically or mentally unable to make your own health care decisions, your Agent can make them for you.
An Agent can be a spouse, adult child, other family member, friend, attorney, clergy, or anyone that you trust. Some things you may want to consider as you are deciding who you want your Agents to be are 1) would that person feel comfortable making decisions for you; 2) would that person be comfortable holding that responsibility; 3) would that person be comfortable expressing your wishes.
The Living Will is the document in which you state your wishes about your health care if you are terminally ill or in a permanently unconscious state. Terminally ill is an irreversible, incurable, and untreatable condition caused by disease, illness, or injury. Two doctors examine the person and determine that the person cannot recover and death is likely to occur soon without life-sustaining treatment. Permanently unconscious state is an irreversible condition in which a person is permanently unaware of herself and her surroundings. Two doctors examine the person and determine that the person has total loss of higher brain function so that the person is unable to feel pain or suffering.
Advance Directives are important for adults of all ages. Both documents are revocable, meaning you can change your mind if you are competent. These documents are important because they help to ensure that one's wishes about health care decisions are carried out. Documentation in the Advance Directives lessens the chances that there will be conflict about the health care decisions made for you if you are not able to make them yourself. This documentation also reduces the responsibility your family may feel if a decision needs made to stop life support if you are terminally ill or in a permanently unconscious state. End-of-life decisions are very difficult to make. You can assist your family with this decision if you put your wishes in writing and discuss your wishes with them. Also these documents will likely eliminate the need for someone to become Guardian for you.
To execute these documents, consult with an attorney or obtain these documents from a reliable source such as those organizations listed below or from Hospice of Ohio at 1-800-776-9513 for a minimal cost. There are advantages to working with an attorney because the attorney may add additional provisions which will assist the Agent to carry out your wishes.
Discuss your wishes with your Agents and provide copies to your Agents, your physician, and hospital.
After you have executed a Health Care Power of Attorney and Living Will, it is very important that you discuss your wishes, philosophy, and values about health care with the persons you named as your Agents. You should give a copy of these documents to your Agents, your physician, and hospital. Do not put your documents in a drawer and forget about them. If no one knows about them, they cannot assist you when you are not able to make decisions for yourself.
Discussing health care decisions, particularly end-of-life decisions, can be a difficult topic for people to discuss. Pick a time when you will have some uninterrupted time and when you are relaxed. Don't expect to finish your discussion in one setting. This may take several discussions before you feel comfortable that you have adequately conveyed your wishes or that you understand your loved one's needs and concerns. Don't be judgmental. Be matter of fact in your discussion. If you are unsure as to how to bring up this topic, consider bringing up the topic of Terri Schiavo.
There are materials available that you may consider reading and using to discuss this sensitive subject. Hospice of Western Reserve, the Ohio State Bar Association, and Ohio Hospice & Palliative Care Organization have materials on their web sites. The web sites are as follows:
- Hospice of Western Reserve - http://www.hospicewr.org/
- Ohio Hospice & Palliative Care Organization - http://www.ohpco.org/
- Ohio State Bar Foundation
Margaret Kreiner and Deanna Durbin are available for group presentations on this topic.
