Have You Made Your Health Care Wishes Known?

Health Care Directives are an important part of any estate plan. Although this has always been the case, this fact was brought to the attention of many people for the first time recently when the Terri Schiavo case in Florida that made national headlines.

Terri Schiavo suffered a massive heart attack in 1990, at the age of 26. The heart attack left Terri in what the doctors called  a persistent vegetative state. She could not communicate and her only movements were minor reflexes. Feeding tubes were necessary to keep Terri alive. After 8 years with no signs of improvement Terri’s husband, Michael Schiavo, requested that the feeding tubes be removed claiming that Terri would not have wanted to be kept alive in this condition. Terri’s parents disagreed and a seven year legal battle ensued which ultimately involved Congress and the President. Ultimately, after 15 years, Terri’s feeding tube was removed.

Regardless of where we stand on the moral and political issues raised by this case, I think that most of us would agree that we would not want our families to suffer through an ordeal similar to the one just described.

It is very important to realize that if you are an adult, in most cases nobody has the legal right to make medical decisions for you, or even to have access to your medical records, if you cannot make medical decisions for yourself. This applies to spouses as well as parents.

Fortunately, there is a way to ensure that your wishes will be carried out and that someone you trust will have the legal right to make medical decisions for you if you are unable to do so. In California, this document is now called an Advance Healthcare Directive. The Advance Healthcare Directive allows you to name a healthcare agent (and alternates) to act on your behalf without any court proceedings. Additionally, the Advance Healthcare Directive allows you to provide doctors with specific instructions about your preferences with regard to certain procedures or treatments if you meet certain criteria with respect to your medical condition. Generally, these instructions deal with the use of artificial life-sustaining measures.

With appropriate planning, you can ensure that your family won’t be faced with making difficult decisions without your input. A properly drafted and updated Advance Healthcare Directive often turns out to be the most important part of an estate plan.

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This Article is designed to be of general interest and is not to be construed as legal advice.  Before acting on any matter contained referred to in this article, please consult with your personal legal adviser.