What is a Will?

July 18, 2008

Your Living Will

A Living Will typically comes into play when a member of the family becomes critically ill and is incapacitated to a point where he/she is no longer in a position to make his/her own medical decisions. Thousands of families face such extraordinary situations every year. What is one supposed to do? Who should make the (tough) decisions?

In recent years, the Terri Schiavo story shed new light on how crucial the preparation of a living will is. After being diagnosed with an irreversible and terminal condition and relying on life support machines, Terry’s family was unable to come to an agreement as to how to deal with her condition. In 1998, Michael Schiavo, her husband and guardian, petitioned the Pinellas County Circuit Court to remove her feeding tube. Robert and Mary Schindler, her parents, opposed this, arguing she was conscious. The court determined that Schiavo would not wish to continue life-prolonging measures. This controversy stretched on for seven years and included involvement by politicians and advocacy groups, notably pro-life and disability rights ones. Before the local court’s decision was carried out, on March 18, 2005, the governments of Florida and the United States had passed laws that sought, unsuccessfully, to
prevent removal of Schiavo’s feeding tube. These events resulted in extensive national and international media coverage.

The fact that this tragic situation had to go to court could have been avoided altogether had Terri prepared a living will.

The idea is to prepare a Living Will before tragedy strikes. Via its Pre-Paid Legal Forms Service Center, Pre-Paid Legal members can prepare a Living Will at no additional cost.

A Living Will may have different names depending on the state or province in which you live. It is sometimes called “Advanced Medical Directive”. The Living Will is a legal document that allows you to specify, in writing, what care you wish to receive should you have or develop a terminal condition, or should you fall into a persistent vegetative state and not be able to make decisions.

Contact us today for more information on a Pre-Paid Legal Membership and your own, Living Will.

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