March 31 was a sad but important anniversary. Nine years ago on that date, Terri Schiavo died. But not before her husband and parents battled for over 15 years in at least nine courts to decide whether the young Florida woman’s life support would be terminated. It was a tragic family saga played out on a national stage. And it could have been avoided.
In counseling clients regarding health-care decision-making, I tell them that Terri Schiavo’s problem was not that she didn’t have the right medical power of attorney document in place (although that would have likely made a difference). The main problem was that she had not expressed her wishes to friends or family about the kinds of care or treatment she would want if she became terminally ill, with no quality of life, unable to interact with or enjoy her surroundings or loved ones. No one could come forward and say what Terri would choose under the circumstances of her vegetative state. So, family were left to fight over the decision.
But here’s the good news – you do not have to wind up in the same situation as Terri Schiavo. There is planning you can do to express your wishes about end-of-life care and to select the person(s) you trust most to see that your wishes are carried out for care and comfort. In 2008, April 16 was proclaimed nationally as National Health Care Decisions Day, and Governor Haley Barbour proclaimed its observance in Mississippi. The purpose of this day is to encourage the public to get their personal plans in place for health-care decision-making. The vehicle for this planning is the Advance Health Care Directive. This self-explanatory document provides a form in which you can (1) list the person(s) you wish to serve as your health-care agents in making medical treatment and health-care decisions in the event you become unable to do so for yourself, (2) state your own instructions about end-of-life treatment or other medical situations, if you wish, (3) designate your primary physician for purposes of contact regarding your medical history, and (4) make organ donation directions, if you choose. Once you write out these matters, the Directive can be treated as an expression of your personal instructions and wishes. This may prevent family conflict and will establish who can make care decisions for you in an hour of need – someone other than a judge!
You can download the Advance Health Care Directive today from the Forms page at the following website:
An April 1, 2010 survey of several studies by Kaiser Health Network made the following findings (among others) about the benefits of such planning:
“One in four elderly Americans require someone else to make decisions about their medical care at the end of their lives, according to a new study in the New England Journal of Medicine.
“The results illustrate the value of people making their wishes known in a living will and designating someone to make treatment decisions for them, the researchers said,” The Associated Press reports. “In the study, those who spelled out their preferences in living wills usually got the treatment they wanted. Only a few wanted heroic measures to prolong their lives. The researchers said it’s the first accounting of how many of the elderly really end up needing medical decisions made for them.” (Nano, 3/31).
Also from MedPage Today: “Just last week researchers reported on a randomized trial of a comprehensive, hospital-based effort to improve advanced planning for end-of-life care in elderly patients. It likewise found that planning improved the likelihood that a patient’s wishes would be followed and reduced emotional trauma among family members. Together, the results add weight to the movement for advance planning in end-of-life care and decision-making.” (Phend, 3/31).
Hurry, and download your Advance Health Care Directive today! You may not live forever, you know.
To arrange a meeting to discuss your rights and options, contact our office online or call us at 601-987-3000.