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.[vc_row][vc_column][vc_column_text]One thing she left the legal world was an example of the importance of a Power of Attorney. There are different types of power of attorneys: Medical and Durable.
A power of attorney is an essential legal designation that gives another the power to handle business dealings, make medical decisions and more. James was diagnosed with Alzheimer’s in 2008—the same year she also appointed her son, Donte James, power of attorney over her estate instead of her husband of 41 years.
The son (from a previous marriage) and her husband argued in court over whether this appointment was legally valid since the R&B singer was already showing signs of memory loss at the time of the meeting. The son and husband disagreed about not only who should control James’ money but also how much money to spend on her care and where she should receive her medical care—at home with her husband or at a nursing home. In the end, the son remained in his role as power of attorney, but the husband was granted a specific amount to care for his sick wife. This legal war was not only expensive but public and showed the importance of having a Medical and Durable Power of Attorney before there are any competency questions.
Here’s what you should take away from Etta James estate planning as it relates to choosing a power of attorney:
- Get your full estate plan in place now, including your power of attorney
- Talk to family and friends about your decisions (this is especially true if you think there might be some family fighting)
- Make your intentions clear
- Update your estate plan often – every 2 to 3 years
- Even if you do not have much money and are in good health, the time to plan is NOW!
Estate planning should be done now, at whatever stage of life you are currently in, and you should update as your life change—divorce, children, disability, etc. When it comes to choosing the person best suited to serve as your power of attorney, it should ultimately be someone who will follow your wishes and act with your best intentions in mind. The scope of your power attorney can be as broad or as limited as you want. In the state of Texas, a power of attorney needs to be in writing and during a time when you are fully mentally able to make this critical designation. The Power of Attorney also needs to be notarized.
Family fighting when estate plans are unclear is incredibly common, even when the relationship is otherwise friendly. Ideally, you won’t ever have to invoke your power of attorney but if it is, either permanently or temporarily, then your power of attorney invoked according to your wishes. Fighting over any estate planning issue is expensive and completely avoidable. Most cases are at last $20,000, and if they last more than the first six months, they can continue to climb over $100,000.
Whether you know exactly what you want or need much guidance, do not make the mistake of trying to save money by putting this vital process off or downloading a form online. Estate planning does not have to be the morbid process so many people mistakenly think it is; it is also quicker, easier and more affordable than you think too. Get in touch with the Law Offices of Erin C. Callahan today to set up your in-home estate planning consultation today.don[/vc_column_text][gt3_spacing height=”62px”][/vc_column][/vc_row][vc_row full_width=”stretch_row” css=”.vc_custom_1526633967735{background-color: #f8f8f8 !important;}”][vc_column width=”1/3″ css=”.vc_custom_1526634764090{padding-top: 0px !important;}”][gt3_spacing height=”62px”][gt3_custom_text text_color=”#272b2e” font_size=”28″]
What is a Power of Attorney?
[/gt3_custom_text][gt3_spacing height=”14px”][vc_column_text]Broadly stated, a Power of Attorney is a legal document that authorizes an agent to act on your behalf when you are not able due to incapacity.[/vc_column_text][gt3_spacing height=”19px”][gt3_custom_text text_color=”#272b2e” font_size=”18″ line_height=”215″][/gt3_custom_text][gt3_spacing height=”62px”][/vc_column][vc_column width=”1/3″ css=”.vc_custom_1526634768426{padding-top: 0px !important;}”][gt3_spacing height=”62px”][gt3_custom_text text_color=”#272b2e” font_size=”28″]
Things to Consider
[/gt3_custom_text][gt3_spacing height=”14px”][vc_column_text]
- Think about who you know that you trust;
- Think about who you could give your checkbook too and know they would never write a check to themselves;
- Think about if there is someone you trust with money but not with medical decisions or vice versa;
- Think about who will most likely live longer than you; and
- Think about Plan B is there a second person that the questions above fit?
[/vc_column_text][gt3_spacing height=”62px”][/vc_column][vc_column width=”1/3″ css=”.vc_custom_1526634772397{padding-top: 0px !important;}”][gt3_spacing height=”62px”][gt3_custom_text text_color=”#272b2e” font_size=”28″]
Results
[/gt3_custom_text][gt3_spacing height=”14px”][vc_single_image image=”437″ img_size=”full”][gt3_spacing height=”62px”][/vc_column][/vc_row][vc_row][vc_column][gt3_spacing height=”62px”][gt3_custom_text separator=”yes” separator_color=”rgba(39,43,46,0.2)” text_color=”#272b2e” font_size=”32″]
Recent Case Studies
[/gt3_custom_text][gt3_spacing height=”34px”][gt3_case_list case_style=”content_above” posts_per_line=”3″ grid_gap=”0px” show_filter=”not” items_load=”4″ use_theme_case_style=”yes” build_query=”size:3|order_by:date”][gt3_spacing height=”80px”][/vc_column][/vc_row][vc_row full_width=”stretch_row” css=”.vc_custom_1526643432494{margin-bottom: -40px !important;padding-top: 66px !important;padding-bottom: 66px !important;background-color: #272b2e !important;}”][vc_column width=”1/3″ css=”.vc_custom_1526643444867{padding-top: 0px !important;}”][gt3_custom_text text_color=”#ccbd99″ font_size=”32″]
Stay Always In Touch
[/gt3_custom_text][/vc_column][vc_column width=”2/3″ css=”.vc_custom_1526643455015{padding-top: 0px !important;}”][vc_column_text][mailchimpsf_form][/vc_column_text][/vc_column][/vc_row]
