Prince – A Wills Case Study

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After a long legal battle, Terri Schiavo was disconnected from life support in 2005 and subsequently died.
Terri spent the previous 15 years in a coma. Although the main question at the center of the public debate was whether the decision to discontinue her life support was justified. This case is a better example of why you need a Living Will and how tragedy can strike at any age. Below is a timeline of events.
Terri and Michael moved to Florida in 1986 and were followed shortly after that by Terri’s parents and siblings.
On the tragic early morning of February 25, 1990, Terri collapsed in the hallway of her apartment, waking Michael, who called Terri’s family and 911. The lives and relationships of Terri, Michael, and the Schindlers were forever changed on this date.
Terri suffered a cardiac arrest which may have been the result of a dramatic weight loss years prior combined with extreme dieting and bulimia. Terri experienced loss of oxygen to the brain, which caused permanent brain damage. Unsuccessful attempts at resuscitating Terri left her in a coma.
While in the early years of her coma, Michael won a substantial medical malpractice award against the obstetrician that had worked with the couple on fertility treatments. After the malpractice case judgment, evidence of disaffection between the Schindlers and Michael Schiavo came to light, and the Schindlers petitioned the court to remove Michael as Terri’s Guardian.
Six years into Terri’s coma, Michael attempted to take his wife off life support, and a Guardian Ad Litem was assigned to review the case, and in 2000, a judge ordered the removal of Terri’s life support but without a living will designating her actual intentions, the Schindler family was able to continue to fight the order for years.
On 24 April 2001, Terri Schiavo’s feeding tube was clamped. Two days after the clamping of Terri’s feeding tube, the Schindlers filed a civil action citing their informal designation as “natural guardians” for Terri. The trial court, in an emergency review, granted a temporary injunction and the tube was unclamped. Fighting continued for years with additional clampings and emergency unclampings and daily media coverage. After entering into a comma in 1990, Terri was ultimately taken off life support for the final time in 2005.
As the Terri Schiavo case shows, advance directives are an essential part of your estate plan. Putting together a plan that fully and clearly expresses your desires for situations like Terri Schiavo’s helps to effectuate not only your true wishes but also avoids costly legal battles. While planning for a time when you may be permanently or temporarily incapacitated may be something you want to continue to put off, don’t procrastinate. Take these decisions seriously. Research your choices and hire an attorney to help you document your wishes for end of life care.

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