What happens if you don’t have written advance directive documents?

Failing to make your wishes openly known, particularly in writing, can pull your family apart and can cost you and your loved one’s untold burdens in suffering, financial expense, public airing of private lives, and emotional burdens beyond measure.

Money, remarriage, emotional attachment, divergent religious views, and disagreements over recollections of statements can lead to very different perspectives. When this occurs, great sorrow and even outright injustice can be carried out by otherwise well-meaning participants.

Case Examples:

Terri Schiavo – Just recall some of what happened in this case.  On February 25, 1990, Terri Schiavo suffered from a collapse and fell into a Coma.  Terri did not leave documents indicating who she wanted as her health care surrogate or what her advance directives and health care wishes were.  Her husband had to obtain legal guardianship to make decisions for Terri.  June 18, 1990 the Court appointed Michael Schiavo, Terry’s husband, as Terri’s legal guardian.  July 29, 1993 Terry’s parents (the Shindlers) begin to challenge Michael Schiavo’s guardianship of Terri and attempt to remove him as legal guardian.  As we all know this was a case that went on for years and included media frenzy, political agendas and after years of litigation and appeals, a final attempt to have the case heard by the US Supreme court.  The Florida Senate debated a proposed law twice (it failed) that would favor the Shindler’s position. Terri passed away March 31, 2005, fifteen years after her catastrophic incident.

Consider examples in your own life in which people that you know disagreed on end-of-life care measures.  Many hospitals have medical ethics committees whose work is rife with discussions and advising staff due to family fights occurring at the bedsides of patients who can no longer speak for themselves.  Only you can protect yourself and your family and friends from these circumstances.

It is up to YOU to initiate the conversation and documents such as a Healthcare Surrogate, Durable Power of Attorney for Healthcare, Healthcare Agent or Proxy, HIPPA release and/or Living Will.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Largo, St. Petersburg, Dunedin, Palm Harbor and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.