Florida Supreme Court Decision on Schiavo Legal Case ('Terri's Law') Highlights
Importance of Getting Health Care Wishes in Writing
Elder Law Attorneys Offer Nine Tips to a Living Will, Health Care Proxy and
Health Care Power of Attorney
TUCSON, Ariz., Sept. 23, 2004 /PRNewswire/ -- The legal case of Terri
Schiavo, decided today by the Florida Supreme Court, has increased public awareness
of critical issues over the right to die and the right to live. The primary lesson
of this case may be the need for anyone over the age of eighteen to establish written
expression of their wishes for medical treatment in the event that they are not
able to make the decisions for themselves. Members of the National Academy of Elder
Law Attorneys (NAELA) are involved with assisting the public about advance directives
including living wills, health care proxies, and health care powers of attorney
that can help families and medical professionals to have a clear understanding about
the health care desires of family members and patients.
"While there are pre-printed forms available for living wills and durable health
care powers of attorney, such forms are quite general in nature and may not meet
your personal needs," said Stuart Zimring, Esq., President of the National Academy
of Elder Law Attorneys. "At the time that the documents are actually needed, you
will not be able to be heard, so it is critical that your documents be as personalized
as possible."
AARP Survey Finds Less Than Half of Consumers Age 45+ Have Health Care Powers
of Attorney
A 2003 AARP Consumer Experience Survey found that only two in five persons 45
years of age and older hold a durable power of attorney for health care decisions
(39%). The survey also found that lawyers are the most popular choice for preparing
these documents.
"AARP would like to underscore the importance of health care decision planning
for seniors and their families," said Sally Hurme, an AARP consumer protection attorney.
"In the absence of critical legal documents expressing the desires of aging family
members, there is a high probability family members may be confused about the best
ways to direct the medical care of their loved ones."
Geriatric Care Managers Recommend Elder Law Attorneys for Health Care Decision
Planning
"We strongly encourage seniors to consult with elder law attorneys about these
important advance directive documents," said Linda Fodrini-Johnson, National Association
of Professional Geriatric Care Managers Board Member. "Elder law attorneys are aware
of the current legal issues as well as the complex financial and social decisions
faced by older adults."
Nine Tips For Consumers For Health Care Decision Planning
According to the National Academy of Elder Law Attorneys ((NAELA), consumers
should consider nine items when speaking with an elder law attorney about a living
will, health care power of attorney and health care proxy:
1) What are your desires with regard to artificial nutrition and
hydration?
2) Who will serve as your Agent for Health Care? Who will serve as the
alternate?
3) Do you wish to limit transfusions to blood provided by family members
and/or friends?
4) Do you wish to state your preference between home care and nursing
home care or will you allow your Agent for Health Care to make
placement decisions?
5) Are there certain medical treatments or pain control measures that you
would like to be sure to have and others that you would like to
refuse?
6) Do you wish to refuse treatment if the treatment means greater
dependency upon others?
7) Do you wish to refuse treatment if the treatment means having to
suffer chronic pain?
8) Do you wish to take pain medication that will reduce or eliminate the
ability to communicate?
9) Do you have any particular wishes regarding specific health care
facilities, religious preferences, disposition of your body, donation
of bodily parts for transplant or research, etc?
Create your Will, Power of Attorney and Living Will online at
https://www.legalwills.ca/.
For More Information Contact:
LegalWills.ca
Email:
[email protected]
Internet:
https://www.legalwills.ca/