Santa Clarita Attorney Jane McNamara | Advance Health Care Directives

REMEMBER TERRI SCHIAVO: LET YOUR WISHES BE KNOWN

By Jane M. McNamara, Elder Law Attorney

Unless you have been on a remote island for the past month, you probably have heard about the ongoing battle regarding Terri Schiavo. Seven years ago Schiavo’s husband and her parents began a legal tug-of-war over whether or not to have her feeding tube removed and allow her to die. The case has drawn worldwide attention as well as sharp criticism from both sides of the debate. Like many of us, Terri Schiavo left no written instructions regarding her wishes, resulting in great emotional and financial cost to her family.

Is this an isolated case? No. The parents of Karen Ann Quinlan had similar court battles in 1976. The parents of Nancy Cruzan also faced bitter struggles. In 1983, 25 year-old Nancy was incapacitated due to a car accident, and required a feeding tube. After more than four years, Nancy’s parents requested that her feeding tube be removed. Like Terri Schiavo, Nancy did not have any end of life wishes in writing. The parents’ request triggered media attention, debate and legal actions. The case ultimately worked its way up to the U.S. Supreme Court. In its landmark decision, the Supreme Court held that the wishes expressed by Nancy as to medical treatment must be respected. After years of legal battles, her feeding tube was ultimately removed.

We have had many years to learn this difficult lesson. These women remind us that every person must put their wishes in writing in the proper legal form while they are able to do so. The media has commonly referred to this type of document as a “LIVING WILL”. California generally refers to it as an “ADVANCE HEALTH CARE DIRECTIVE.”

You must be at least 18 years old to make a valid document directing your health care, and be of sound mind. The document sets out your wishes about what extended medical treatment should be withheld or provided if you become unable to communicate those wishes. It should also name a trusted person to have the legal authority to make decisions for you in the event of your incapacity, as well as legally obtain your private medical records in light of the new HIPAA laws.

A well-drafted Advance Health Care Directive could have prevented the years of heartache and legal battles experienced by Terri Schiavo’s family.