None of us ever expects tragedy. Some of us plan in case it strikes us. But we never really expect it to happen to us. But, on February 25, 1990, tragedy struck Terri Schiavo and her family. At 26, Terri was a woman in the prime of her life enjoying a beautiful day in Florida. However, on that fateful day Terri’s heart inexplicably stopped beating. She became comatose and unable to communicate.
The strain was hard on Terri’s family – her husband, Michael Schiavo, and her parents, Bob and Mary Schindler. As the days, months, and years passed, the tension between Terri’s husband and parents grew. Terri’s husband eventually gave up hope and began seeing another woman. In 1997 he became engaged to her, although remaining married to Terri. Finally, Michael decided to try to remove Terri’s feeding tube.
The Schindlers reacted by going to court to block Michael’s attempts. The battle rages on. At one point Michael secured one court order allowing him to remove the feeding tube. However, three days later, another judge ordered the feeding tube reinserted. Terri had become the catalyst for and victim of a tug-of-war among those she loved most. Her parents alleged that Michael only wanted her feeding tube removed so that he could get her money. The Schindlers even alleged that x-rays showed evidence of past spousal abuse and that Terri’s heart attack was suspicious.
Terri never expected to have a heart attack at age 26. Nor did she expect to have her very life caught in a struggle between her husband and parents. While there may have been nothing Terri could have done to prevent the heart attack, she could have prevented the resulting turmoil. Terri had not left a Health Care Power of Attorney or Living Will. With a Health Care Power of Attorney you appoint an “Agent” to make medical decisions for you in the event you become unable to do so for yourself. A Living Will or Health Care Directive expresses your wishes regarding life support in the event you are unwilling to communicate those wishes for yourself.
If Terri had planned ahead and prepared such documents, it would not have prevented her tragedy. However, it would have prevented the ensuing tragic family rift. Her family would have been spared the agony and expense of the yo-yoing court process. She would have known that her wishes would have been carried out. Had she wanted to be kept alive, she could have expressed that. If she wanted to be removed from life support in these circumstances, she could have expressed that, too. However, since she left no documented directions on the issue, her family is left to battle over their perceptions of her desires.
Just as a physician can help you work to prevent a heart attack, a qualified estate planning attorney can help prevent turmoil by preparing documents which express your wishes in a manner which will be legally respected.
Ms. Angie Whiddon Murtadi is a member of the American Academy of Estate Planning Attorneys and has been engaged in the practice of law for the last 20 years. For more information fill out the contact form or call!
This article was written by the American Academy of Estate Planning Attorneys and shared by Murtadi Law, LLC