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The Living Will: A Lesson from the Terri Schiavo Case
| Terri Schiavo became a household name following court decisions that the Florida woman should be removed from life support despite objections from her parents and even President Bush. The courts eventually granted the wishes of Michael Schiavo, the 41-year old woman’s husband. What complicated the case, according to legal experts, was the fact that Terri Schiavo’s own wishes were never contained in what is called a living will. A living will is a legal document that expresses an individual’s decision on the use of artificial life support systems. These support systems are designed to sustain breathing, nutrition and hydration, among other things. Howard Krooks, chair of the New York State Bar Association Eldercare Division said that, as a direct result of the Schiavo case, living wills are increasingly in demand. “If there is anything great that came out of the Terri Schiavo media frenzy was that it brought wide-spread attention to living wills,” said Krooks, who is also a partner at the law firm Littman, Krooks and Roth in New York. For some people, living wills are a sensitive subject and may conflict with religious beliefs. However, for others, living wills have been increasingly in demand as a direct result of the Terri Schiavo case, said Krooks. How To Draft Your Own Living Will As modern technology continues to advance, some people may appeal to the idea of making their final wishes known via a contract should they become sick and incapacitated to avoid leaving these difficult and sometimes ethically troubling decisions up to family and friends. 
Q: Who should have a living will? Krooks: I would recommend that anyone over the age of 18 prepare a living will. Q: What is the difference between “a final will and testament” and “a living will”? Krooks: A final will and testament is carried out after the person is already deceased. For example, a final will and testament will determine who will obtain the deceased party’s personal property and belongings. A living will applies to what type of end of life treatment a person would prefer. It allows a person to state how far they want medical care to go if they become severely ill or injured and are unable to function without assistance. Q: Is it difficult to create a living will? What are the first steps? Krooks: The first step is to decide if you are going to complete the form on your own or if you are going to seek the advice of a legal professional. The process can be complicated. However, if you are going to do it yourself be certain to be aware of a section that specifically deals with nutrition and hydration. This section determines whether or not you wish to receive artificial life support in the form of food and or water. A health proxy is another tool. It determines who will be responsible for your healthcare and making decisions on your behalf. Q: Once you have completed a living will when does it become “a legal document”? Krooks: You must sign the document along with a witness. It is important to have several signed copies. Be sure to give copies to your doctor, spouse, relatives, clergy and anyone who will be involved in the final decision-making process. Q: Do doctors always honor a living will? Krooks: Doctors are legally required to follow the directions of a living will. However, they are also required to sign the Hippocratic Oath and to sustain life whenever possible. An official living will is a tool that should not be overridden, not even by a doctor. Many state bar associations provide information on living wills on their websites. These state sites are listed with the American Bar Association online at www.abanet.org.  -Summer 2005 Issue |
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