Schiavo case points to need for living wills

Athens Banner Herald
Story last updated at 1:32 AM on Mar. 27, 2005

Editorial

One reason the case of Terri Schiavo is so profoundly sad is that it didn't have to become what it has - a political, judicial and media circus intruding upon a tragic family situation.

Schiavo, the 41-year-old brain-damaged Florida woman whose parents, at this writing, have failed in their attempts to have the courts order reinsertion of their daughter's feeding tube, is caught in a tangled legal thicket because it is not clear what type of medical treatment she wanted in the event of a catastrophic illness.

Fifteen years ago, Schiavo suffered a heart attack that starved her brain of oxygen and left her in what is widely accepted as a persistent vegetative state. Her estranged husband claims she told him, in advance of the heart attack, that she would not want any extraordinary medical means employed to continue her life in the event of medical catastrophe.

At the same time, her parents contend their daughter valued life, and would have wanted extraordinary means employed.

Had Schiavo taken the relatively simple step of writing down her wishes regarding care in catastrophic medical circumstances, her life - however she might have chosen to sustain it, or end it - would be assured of the dignity attendant to all human life, and would not be played out in court battles, political opportunism and a media feeding frenzy.

Still, there is good that can come from Schiavo's unfortunate circumstance. Without a doubt, her situation has prompted many people to think about issues associated with health care in catastrophic medical circumstances. But the publicity surrounding the Schiavo case will be much ado about nothing unless those thoughts are translated into action.

In most states, including Georgia, establishing at least a rudimentary "advance directive" is a simple process. Advance directives are documents written in advance of serious medical issues in which a person states their choices about medical treatment.

A "living will" is the simplest form of advance directive. In Georgia, it tells a physician what to do with regard to withholding or withdrawing life-sustaining procedures in the event of terminal illness, coma or persistent vegetative state with no reasonable likelihood of recovery.

A living will form is incorporated into the Official Code of Georgia Annotated, a compendium of the state's laws. (The code section containing the form, OCGA 31-32-3). The state's laws on living wills are contained in OCGA 31-32-1 through 31-32-12. Georgia's living will form is also available. Follow the links on living wills to find the form.

A lawyer is not needed to draw up a living will, but it must be signed, dated and witnessed. To ensure that wishes are carried out, copies of the living will should be given to someone who would know when you become seriously ill. It might also be a good idea to provide copies to your physician, family members or close friends. Also, anyone who signs a living will or other advance directive should consider inserting a card in their wallet noting that they have done so, and also noting where a copy of the directive can be found. Wallet cards are available for printing via the Medical Center of Central Georgia Web site at http://www.mccg.org/pvg/about-advance-directives.pdf.

Another form of advance directive, a durable power of attorney for health care, allows the designation of another person to make medical decisions for you, in the event you are unable to do so. The durable power of attorney for health care can relate to medical conditions other than terminal illness, coma or persistent vegetative state. As with living wills, this type of advance directive can be initiated without a lawyer's advice, although such consultation might be helpful.

While discussion of issues such as catastrophic medical care can be difficult - let's face it, no one wants to contemplate the possibility of serious injury or illness for themselves or a loved one - the Terri Schiavo case points out the absolute necessity for making clear arrangements in advance. In a very real sense, making those arrangements can be a fitting tribute to Schiavo.