Article on Advance Medical Directives and Living Wills
Modern medicine can keep a person alive by artificial mechanisms even if an individual is unconscious and essentially nonfunctional. Estate Owners need to create directives for health care professionals should they ever be in a situation where death would be imminent and recovery highly improbable without the intervention of modern medical technology.
Durable powers of attorney for health care, do-not-resuscitate orders, five wishes, and living wills fall within a document category referred to as advanced medical directives. Although a relatively small percentage of the American public have some type of advance medical directive, these documents are receiving more attention due to new legislation, court decisions, practical experience and a growing recognition that health planning is as important as wealth planning.
Famous cases like the one involving the 41-year-old Florida woman Theresa Schiavo, who lived in a persistent vegetative state for more than 14 years after suffering a brain damage resulting from cardiac arrest only serve to increase the awareness of the need for clear and convincing communication about one’s medical choices. Other instances where living wills have become the subject of public attention in recent years due to increased concerns about health and financial matters include the Cruzan v. Director case in Missouri as well as the physician-guided suicide cases in Michigan.
Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.