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Avoid Terry Schiavo’s dilemma: Make sure your estate is in order

If you were at least somewhat aware of the world in the early 2000s, you probably remember the case of Terri Schiavo. You’ll recall that this was an ordeal about a fight between a husband and the wife’s parents over who had the right to decide what should happen to Terri, who was in a persistent vegetative state.

Here is just a brief synopsis to bring you up to speed. Terri was married to Michael Schiavo, they lived in Florida. At age 26, Terri collapsed and her brain was deprived of oxygen long enough to cause brain damage and leave her in what is called a “persistent vegetative state”, this is not the same as brain death, Terri could breathe on her . one, but aside from breathing, he was essentially incapable of thinking, feeling, or making significant bodily movements. After her death, the doctor concluded that she had a significant amount of irreversible brain damage.

The subject that took this sad situation private and turned it into a national headline that consumed the news and everyone watching was the fight between Terri’s husband Michael and Terri’s parents, Robert and Mary Schindler. Michael had cared for and dealt with Terri’s treatment since 1990, he decided some 10 years later that Terri’s recovery was unrealistic and sought to have her wife taken off what was essentially life support. Terri’s father fought against this and waged a very public fight to try to ensure his daughter remained on life support. Thus the legal battle ensued.

Timothy E. Quill, MD, in The New England Journal of Medicine wrote a fabulous article on the medical, ethical, and some legal issues surrounding Terry’s case, and read it here: A Tragedy Compounded

As you investigate the story of Terri Schiavo and the pain experienced by those who loved her most and the nation as a whole, you will better understand what the simple and easy solution could have been. If Terri had put in place sometime before her collapse an “advance medical directive” with a corresponding power of attorney, the whole mess could have been avoided. Terri would have been able to express what she wanted from her if something happened to her and what she wanted done, thereby eliminating the fight that inevitably arises when deep emotional ties are perceived to be lost when a loved one dies.

An experienced attorney can help you better handle difficult decisions and situations by making sure your affairs are in order before the need arises. Everyone over the age of 21, and especially those who are married and those who have children, should at least have a simple will, accompanied by an Advance Medical Directive so that an ordeal like this does not happen to you or you. by Terri Schiavo. your loved ones.

See also this short documentary on the Terri Schiavo case: http://nyti.ms/1iC7a7x

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