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?
For More Information Contact::
PartingWishes.com
Email:
support@partingwishes.com
Internet:
http://www.partingwishes.com
