I think the only living being who may not have yet heard of the Terri Schiavo case is my cat, Mildred. And, she’s no dummy. In all seriousness though, Schiavo’s case brought to the forefront our own thoughts on end of life, and the myriad moral, political and medical issues it affords. Owing in large part to an overly zealous media, we know the heart-wrenching story of the woman in her twenties who spent 15 years in a senior care facility in a vegetative state until the Supreme Court—14 appeals, numerous motions, petitions and hearings later—had to decide that Schiavo would not have wanted to continue existing on life support. The decision to implement Schiavo’s husband’s wish to have her feeding tube removed versus her parents’ opposition to it could have could have been avoided if Terri had drawn up a living will before she became unable to speak for herself—or designated either her parents or her husband as her health care proxy. Surveys taken during the Schiavo controversy found that 37 percent of Americans have a living will; 61 percent of those without said they’d think about getting one, according to Wikipedia.com.
Those are impressive numbers considering that in 2002, only about 20 percent of the US population said they had living wills, according to a study by the Robert Wood Johnson Foundation. Personally, I’m highly in favor of a living will for the sole reason of not putting the weight of the world on my loved ones at an already traumatic time. No one wants to think about the inevitable. I sure don’t. But the peace of mind in knowing that your end-of-life wishes will be met is well worth it. Although it can be decidedly unpleasant to broach the topic, it really takes a minimal amount of time to draw up an advanced directive.
Advance Directives are Your Voice
Should you ever become unable to make decisions in the event of a serious or terminal illness, an advance directive speaks for you. Advance directives (aka health care directives) tell your doctor the type of care you want to receive if you can no longer communicate on your own behalf. Advanced directives can tell your doctor whether or not you want life-saving treatment regardless of how ill you are. Advanced directives come in various forms including living wills, durable powers of attorney, and do-not-resuscitate orders (DNRs).
What is a Living Will?
A living will has nothing to do with a conventional will or trust designed to dole out possessions and property after you die. It’s a legal document outlining the kind of medical treatments you would want if you were seriously or terminally ill, and unable to make the decision yourself due to incapacitation (e.g., a coma). A living will does not allow you to choose someone to make these decisions for you, and you must be mentally competent to draw one up. In reading FindLaw.com, I realized another great (and practical!) argument for having a living will. A living will helps to protect the assets you outline in a conventional will. That said, someone who is very near death may not want his or her hard-earned life savings—oftentimes intended as security for surviving loved ones and friends—to go solely to his or her medical expenses. It’s hard to hear, but it’s definitely a consideration. Gilbert Guide recommends the easy-to-comprehend Five Wishes—this living will is unique in that it addresses all of a person’s needs: personal, emotional, spiritual and, of course, medical.
What’s a Durable Power of Attorney?
Also known as a medical power of attorney or health care proxy, durable power of attorney (DPA) is another type of advance directive, and a powerful one. A DPA is a document in which you name the person you’ve chosen to make health care decisions for you if you are unconscious or unable to make medical decisions. A DPA should be someone who knows you well. FindLaw.com recommends naming someone who is comfortable asserting your wishes at end of life. Naming a DPA is optional as doctors are still bound to follow your written wishes as outlined in your living will.
Is there a difference between living wills and durable power of attorney?
Yes. A DPA doesn’t necessarily state what type of treatment you want to receive in the event of your incapacitation, whereas a living will does. The advantage of appointing a DPA is having someone on your side to advocate and ensure that your written medical wishes are met. Most living wills apply only to permanent unconsciousness or terminal illness; a DPA may cover any health care decision and is not limited to terminal illness or permanent unconsciousness. Both of these advance directives are legal in most states; if they aren’t legal in your state, they can still help guide your doctor and loved ones if you can’t make the decisions yourself.
