It is hard to deal with our own incapacity and death when we are well, but there were many in the room battling cancer and truly needed for me to guide them in something they felt they had some form of control over. It was humbling for me to see people (there was standing room only!) who were exhausted from chemotherapy or in remission, but made it to a 6:30 p.m. event (to listen to me none the less!) because they knew how important it was.  These people are no different than you and me, except that they have a sense of urgency because life has dealt them a challenge.

Read the full letter here along with other client and colleague testimonials.

Most folks don’t like the idea of thinking about being in a situation where they are unable to speak for themselves. Unfortunately, this often leads to a lack of planning. Putting your health care wishes in writing is an important step in avoiding having someone else make a decision on your behalf with which you would not otherwise agree.

The first step in documenting your health care wishes, is a document often referred to as a living will. This is basically a statement of what kind of care you want or would refuse in the event that you become incapacitated. Don’t be fooled by the name. A living will has nothing to do with a last will and testament or a living trust. The purpose of the living will is executed solely to ensure your health care wishes are carried out.

This document can be as detailed or general as you and your estate planning attorney decide. However, it is important to plan this document with the assistance of an attorney. That way, you can be sure you are not making any obvious or overt mistakes or omissions.

The second aspect to planning health care planning is setting up a power of attorney for health care. This legal instrument allows you to appoint another individual to make medical decisions on your behalf in the event you aren’t able to communicate your desires. Choosing the right person for this job is important as they will be making decisions about your health and treatment.

Usually, these documents go into effect at the point you are determined to be incapacitated. Typically, this means that your are too ill or injured to communicate your wishes regarding your health care or treatment. In some situations, when there is a question regarding your ability to make decisions about your treatment, your doctor or family members will have to decide whether to invoke the documents.

If your health care documents go into effect, you will still be able to override them or your agent if you are still able. Your ability to make decisions on your own behalf always trumps anything placed in the documents. Even when you are unable to make and/or communicate your interests, your agent must always try to effectuate your best interests and desires.

Having these documents prepared by a North Carolina Power of Attorney Lawyer, before you become ill, shows that you care for your family and do not wish to make a difficult time any more difficult. Learn more about North Carolina Living Wills and Power of Attorneys today.

Michael, as Terri’s guardian, had entered a do not resuscitate order for her but was convinced by the nursing home staff to have it rescinded; in 1998 he petitioned the Sixth Circuit Court of Florida to remove her feeding tube. He was opposed by Terri’s parents, Robert and Mary Schindler, who argued that Terri was conscious. Michael later transferred his authority over the matter to the court, which determined that Terri would not wish to continue life-prolonging measures.

The local court’s decision to disconnect Schiavo from life support was carried out on March 18, 2005, and Schiavo died of effects of dehydration at a Pinellas Park hospice on March 31.

This case stands as the representative example of why having an advanced medical directive plan in place is so essential. Regardless of what beliefs you may have regarding the final outcome of the case, the lesson to be learned from this tragedy is that the only way to prevent such a situation is to plan. The only way to prevent a court from interceding in such a decision, is to have a documented plan in place.

Unfortunately, human nature compels us to wait until it is too late to put such a plan in place. “That can’t happen to me”, syndrome runs rampant. When coupled with the belief that, “talking with an attorney about these issues is just too expensive”, a perfect storm is created that leads to many people into tragic situations like Terri Schiavo’s.

The truth is that with some basic planning, these types of tragedies can be avoided. Furthermore, putting advanced medical directives in place doesn’t have to be cost prohibitive. Many of my clients are surprised to learn just how easy and affordable setting up some basic health care directives can be. I am happy to discuss your specific situation with you by phone.