 |
||||||||
|
 |
|
|
|
|
|
LEGAL NOTIONS Terri Shiavo's Legal Legacy The Terri Schiavo story struck a chord with many of us across America. We have lived through the past weeks saddened by the circumstances surrounding her situation and the effect that it has had on her family, and ultimately in our country - the legal reverberations of which are still yet to be written. For those of you who read this column but are not fully familiar with the story allow me a few lines to summarize. A dozen or so years ago, doctors determined that Terri was left in a persistent vegetative state ("brain dead) with the need to have a feeding tube to keep the body alive. Faced with this tragic situation, Terri's husband and parents became adversaries in what turned out to be a long, bitter, and expensive legal battle over Terri's beliefs on the issue of life-sustaining/life-prolonging measures. Not having a living will from Terri, her husband fought in the courts on her behalf claiming that it was Terri's stated wish and belief that under such circumstances she would not want to be kept alive. Terri's parents disagreed. Both sides did what they believed to be the best for their beloved Terri. Ultimately, the husband prevailed in court and Terri's passed away after the life-sustaining instruments were removed. A living will is often described in laymen's terms as a "death with dignity document." In a nutshell, the purpose of a living will is to declare to medical professionals that the declarer does not want life-sustaining or life-prolonging measures should the declarer someday fall into an irreversible coma or persistent vegetative state. In California, instead of a "living will", we have what is called an advance health care directive (or an advance directive). The California legislature has adopted a statutory advance health care directive form. This statutory form lets a competent adult express his/her end-of-life decisions in his/her own words or by selecting from the choices built into the form. It also allows one to state one's health care philosophy for situations other than end-of-life as well as to state the circumstances under which one wants (or does not want) treatment for alleviation of pain or discomfort. Just as important, this statutory form allows for the designation of an agent (or alternates) to make health care decisions after one is incapacitated and unable to make such decisions for oneself. In my own experience, about nine out of ten individuals who opt to have an advance health care directive, choose to have "death with dignity". In my private life, talking with family and friends, just as many express that "that" is what they want. Yet a great many, no matter of which subscribed belief, have not taken the necessary steps to legally state their wishes in writing. Those who have completed their advance directive can live with the peace of mind that comes from knowing that they have done what is legally possible to express their wishes. In closing, please note that there are other important purposes served by the statutory advance health care directive form but they are not discussed here due to space limitations. Also worth noting, the statutory form is not the only choice for making a valid advance health care directive under California law. Because circumstances vary, it is important that one consult with a competent attorney for specific advice for one's own circumstances. << back to columns >> The information provided in this column is not intended to be legal advice but merely conveys general information related to the topic. © 2005-2007 Scott J. Preble, A Prof. Law Corp., Antioch, (925) 756-7111. www.PrebleLawFirm.com.
|
|
[INTRO] [SERVICES] [FEES] [PROFILES] [FAQ's] [DIRECTIONS] [COLUMNS] |
|
|
|
The Preble Law Firm 3700 Delta Fair Blvd., Suite 210 Antioch, California, 94509-4074 Copyright © 2005-2007 The Preble Law Firm. All Rights Reserved. |
|
|