Planning for Incapacity

Most of us remember Terri Schiavo from news reports and newspaper articles.  She had brain damage and her parents and her husband were fighting bitterly about whether or not to remove her from life support equipment.  Each side claimed to know "what she would have wanted".  What a stressful and sad time this must have been for that family - not to mention the fact that their family dilemma was being televised on the national evening news for the world to see.  If Terri had clear, proper planning in place, her family could have been spared all of that pain.

None of us - young or old - knows when we will become ill or incapacitated.  The responsible thing to do is to make plans BEFORE you need them, so you can spare your loved ones the difficulty and pain of trying to decide "what you would have wanted".

Here are several components that we use to plan for incapacity:

Living Will

The Living Will is a document that expresses your desires regarding life sustaining treatment when death is imminent or where the chances of recovery are very remote or non-existent.  In this document you can express your choices and values regarding:

• –Assisted nutrition (tube feeding) 
• Tube or intravenous hydration
• Dialysis
• Artificially assisted respiration
• Pain medication which may cause addiction
• Antibiotics

You can also designate whether or not you would like your body or body parts donated to scientific research and/or transplants.

Power of Attorney For Healthcare

The power of attorney for healthcare selects the person who you designate to make health care decisions on your behalf if you become incapacitated.  This person should follow the desires that you set out in your living will as closely as possible.  You should carefully choose this person so that you feel confident that they will be able to act in your behalf and handle the magnitude of the decisions that they may have to make.

The Bottom Line...

It is best for you and everyone you love if you make plans before you need them.  You never know when you will need to have the plans in place, so be proactive.  Take advantage of the opportunity to write your own plan and let your wishes be known.

Call our office at (408) 244-5754 to speak to an attorney