In brief, Terry had collapsed in her home on February 25, 1990.  When the EMT’s arrived, she was not breathing and had no pulse.  Various emergency medical procedures were immediately enacted, however, her brain suffered from a lack of oxygen, and she fell into a Persistent Vegetative State (PVS).

In the months and years that followed, a protracted legal battle ensued between her husband, Michael Schiavo, and her parents, Robert and Mary Schindler, about what Terri would have wished for herself.  Michael argued that Terri would have wished for treatment to have been withdrawn.  The Schindlers argued that Terri was a devout Roman Catholic, and would never have wished to violate the Church’s teachings on euthanasia by refusing food and water treatment.

A Completely Unnecessary Tragedy

Beyond the personal and medical tragedy that befell Terry Schiavo, what made matters even worse is that the fifteen year legal battle which ensued was completely unnecessary.

To completely over-simplify the legal case: both sides argued that they knew best what Terry wanted for herself.

What was completely missing in this case was a clear and unambiguous declaration by Terry of her own decisions in this matter.

Because there was no living will in effect, both sides were forced to argue that they knew what she wanted.  Had there been a valid living will, it would have been executed, and the entire legal drama could have been avoided.

What is a Living Will?

In the legal world, there is a legal document known as a living will, or here in California, an Advance Health Care Directive.

This document is designed to do two things: (1) Make your decisions regarding health care, and end-of-life decisions, perfectly clear and then (2) Nominate another person (an agent for health care) to carry out your wishes, on your behalf, if you are not able to do so yourself.

With a living will, the decisions remain your own.  Your agent is not allowed to substitute their judgment for your own, their only role is to carry out your wishes. Without a living will, the hospitals and Courts will have to substitute someone else’s judgment for your own.

What Can You Do to Protect Yourself?

We understand that these types of decisions are difficult to think and talk about. However, they are far too important to leave to others.

Here are a few guidelines for how you can protect yourself:

(1) Talk about these issues with your spouse, your family, your pastor, your spiritual mentor(s).  Pray over these decisions, but also let others know what you would want.

(2) Execute a Valid Living Will or Advance Directive.  As important as it is to discuss with your loved ones, it is equally important to put your wishes into legal effect, through a validly executed Living Will or Advance Directive.

(3) Tell your doctors and your family that you have executed such a document, and make sure it can be found quickly in an emergency.  A recent study shows that as many as one-half of all living wills fail because they can not be located in an emergency, when they are needed most.

(4) Most importantly, don’t try to do this alone.  We encourage everyone to work with appropriate legal counsel, who can provide guidance, answer questions, and ensure that your documents are legally valid.

These decisions are far too important, too personal, and too spiritual to leave in the hands of a Court, a hospital, or a third-party.  You need to take control of your own decisions, by executing a valid living will or Advance Health Care Directive today.

We are so glad you could join us here on our brand-new blog, Estate Planning God’s Way™: What Every Christian Parent Needs to Know.

This project has actually been years in the making.

We have condensed the best of our wisdom and knowledge gleaned from over 20 combined years of experience as Estate Planning attorneys, trust officers, and financial advisors, to bring you – our Christian families – the essentials of what you need to know to protect your children, your loved ones and your legacy.

To get started, head on over to our audio production page – Estate Planning God’s Way™ – and listen to our 32 minute presentation.  This will help get you up to speed on the essentials of Estate Planning that all Christian families need to know.

After you’ve listened to the presentation, you will have the opportunity to order your FREE CD, which contains our presentation in a format that you can take with you as you go about your day.

Lastly, be sure to subscribe to this blog via RSS, or through Google Reader, so you will be notified when we update this site with new articles.

Of course, we welcome you to learn more about our law firm and this site by browsing around.

Some pages that may help you get to know us better:

Our Law Firm’s Home Page

Who We Are

What We Do

Why Working with Us is Different

Hear What Happy Clients Have to Say

If you have any questions or comments, please feel free to share them with us here, or by contact us directly.

Our hope is to make this a truly interactive community, where we can share our experiences, our stories, our wisdom with one another so the community can be built up in love.

Blessings in Christ,

John and Leon

©2009.  Ainer & Fraker, LLP.  All Rights Reserved.