Health Care Proxies in the aftermath of Terri Schiavo

In the aftermath of the Terri Schiavo case, let's not forget the hard lessons. While the case was being decided, and in the midst of the entire flurry of litigation, many individuals were anxious to create their own health proxies in order to attend to their personal medical decisions in the unfortunate event of incapacity. Although the case has been decided, and Terri is now gone, there is no time like the present to continue the planning process.

Everyone should make his or her own desires about health care known to loved ones and physicians. If one does not wish to be, “hooked-up to a machine,” then now is time to make the decision. Thinking that “I will take care of it later” may turn tragic. It may be the entrance to a nursing home or medical facility that requires a health proxy to be signed. In the event that the person entering the facility is no longer competent to make his or her own decisions, then an alternative procedure will be necessary, which is a guardianship proceeding.

A guardianship requires time, effort, emotion and cost. A physician will have to verify that the person is incapacitated, and then a hearing must be held in order to determine that the individual is in fact legally incompetent to make his or her own decisions. One must also keep in mind that the proposed ward will have to be given notice of the proceeding, and in the event that the person is not 100% incapacitated, he or she may be very upset to be served with a notice stating that another family member has petitioned the court indicating that he or she can no longer make decisions.

Even assuming that the family is in agreement as to who will make the decisions as the guardian, it should be the decision of the ward prior to incapacity to choose who he or she wishes to make all of the medical decisions. In addition, had a copy of the document been prepared, signed, and presented to the physician, the individual would have been able to express his or her own desires to the doctor, who could have also made further documentation as to the wishes of the patient.

In addition, the person could have also expressed any particular religious beliefs regarding his or her own decisions relative to end of life, as well as the role of the advisor or agent in clarifying and carrying out his or her wishes.

It is also important to note that the individuals whose cases relative to these decisions have become so public, Karen Quinlan, Nancy Cruzan, and Terri Schiavo, were all young. Therefore, it is important to make decisions and start the process early so that the plan will be initiated. It may always be changed, but once the initial plan is created, it is relatively simple to make changes and amend it in the future.

By: Hyman G. Darling , Esquire

Comments

[Stephen Lamb]

I couldn't agree more. The Terri Schiavo case brought the issue of advance directives to the attention of the public, but many months later, the issue has faded.

The intention of putting together a set of advance directives does little to help famiy members if it remains only an intention. It is important for even young people to contemplate these important issues and get the documentation in place.

The Five Wishes form is one easy way to record one's choices, and it is inexpensive. Whether one uses such a form or consults an attorney, it is never too soon to put these wishes in writing.