Lessons From the News: Why You Should Create a Living Will
By M. Kotch
Many think of a living will as a document that’s needed only by those “of a certain age.” Unfortunately, tragedy can strike the young and healthy among us too.
Though it’s been several years since we’ve heard mention of her in the news, the name Terri Schiavo is still fresh in the minds of many. Schiavo’s dramatic story captivated a nation; it involved a family struggle, local politicians as well as circuit judges, the Supreme Court and even the President of the United States. What was missing from the case could have made the difficult decisions involved much simpler: a living will. Schiavo hadn’t left one.
Terri Schiavo—a previously healthy 27-year-old—lay in a “persistent vegetative state” after suffering a heart attack that left her with extensive brain damage. The ensuing struggle between her husband, who was adamant that Terri would have wanted her feeding tube removed and believed there was no hope for recovery; and her parents, who believed their catholic daughter “would not refuse nourishment or hydration,” wanted to keep her alive. After a national debate and countless court appeals, her feeding tube was removed and she died in 2005, 15 years after her ordeal began.
The phrase “pull the plug” is often associated with switching off an artificial ventilator that’s meant to support respiration. Schiavo’s case, however, did not involve a ventilator but a feeding tube. Such details point out not only the need for creating a living will, but for the document to be as specific as possible. Schiavo’s case was debated extensively. Liberals argued against the exorbitant medical costs of keeping someone “brain-dead” alive; pro-life conservatives spoke strongly against letting someone die and presented miraculous cases of patients who had recovered from comatose states.
In the aftermath of this case, trying to prove who was right or wrong is futile; the focus should be on the lessons learned. In Terri Schiavo’s case, her family and her husband had very different ideas—contradicting notions of what Terri would have wanted. Most legal and medical specialists agree that a living will would have answered many of the questions that arose after Terri’s heart failure and subsequent brain damage.
The message from experts is simple: don’t let something similar happen to you or your loved ones. Creating a living will ensures that your wishes are carried out and that your family is spared unnecessary anguish. Here’s what to keep in mind when creating a living will:
• A living will is a legally binding document that addresses prolonging medical care; it pertains to medical decisions should you become incapacitated. It is not to be confused with a last will and testament (which deals with estate, property and inheritance).
• Your living will should clearly outline whether or not you want to be resuscitated. If you do include the following:
o How to prolong your life in the event of you becoming incapacitated through any or all of the following: resuscitation, mechanical ventilation, nutritional assistance and dialysis.
o How long you wish to remain on life support: outlining a certain period to keep you alive versus remaining on life support indefinitely.
o Whether you would like to be an organ donor, donate your body for medical research or opt out of any donation after your death.
• Choose someone you trust to act as your proxy (also known as a designated medical agent). By granting this person power of attorney you will allow him or her to make medical decisions on your behalf, especially if a question comes up that was not addressed in your living will.
• Clearly discuss your end-of-life choices to avoid confusion among your loved ones and steer clear of future family conflict. Make sure your primary doctor and attorney are well aware of your wishes, and keep your living will in an accessible place (with your last will and other important documents, for example).
• Many legal documents are state-specific; they will not hold up in another state’s court, so be sure to speak with an estate attorney or seek information from your local government before creating the document that’s right for you.
Thinking about our own death is not easy, but creating a living will that clearly outlines your end-of-life wishes may spare your loved ones a potentially heart-wrenching decision.
