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Healthcare directives can be crucial for future decisions

Do you remember Terri Schiavo? Her heart stopped at age 25 and she never regained consciousness. Her husband insisted that she would not want to be kept alive in this condition, while her parents were equally as adamant that she would not want to die.

In spring 2005, 15 years later, the fight came to a head, the federal government became involved, and we all came to know Terri and her sad circumstances.

How could this happen? Unfortunately, it was quite easy. Terri Schaivo did not have a healthcare directive. If she had, the family would have seen in writing what Terri wanted and the fight would have stopped before it started.

Terri Schiavo's tragedy has touched all Americans. How can we deal with this if it happened in our family? What can we do to avoid such a conflict in a family system?

What is an advance healthcare directive? It combines a power of attorney for healthcare and a living will, or directive to physicians, into one document. It allows you to name an agent to speak with doctors and make healthcare decisions for you if you are unable to make them on your own.

What are some guidelines for choosing an appropriate agent? When choosing your agent, be sure it is someone who will be able to make the decisions you want made. For instance, if you feel strongly that you would not want to be kept alive under certain circumstances, make sure that your agent will be able (morally and emotionally) to direct your healthcare provider to withdraw life-sustaining treatment and let you go. Do not feel obligated to name a spouse as your agent. Likewise, if you are the spouse being named and you feel that you would not be able to do the job asked of you, let your spouse know and encourage him or her to pick another family member or friend who will be able to follow his or her wishes.

What are other provisions that might be included in an advance healthcare directive? It also provides a formal document in which you make your end-of-life decisions known. At what point, if any, would you want life-sustaining treatment withdrawn? Do you want palliative care (pain relief) even if the dosage necessary to alleviate the pain hastens death? A comprehensive healthcare directive provides you with a place to indicate your religion, burial instructions, wishes regarding organ donations and autopsies. This is a document where there is really no limit to the specificity of direction you can give your agent.

A well-written detailed advance healthcare directive can help your loved ones immensely if they are faced with making healthcare decisions or end-of-life decisions for you.

— Cheri L. Kurman is a certified specialist in estate planning, probate and trust law by the State Bar of California Board of Legal Specialization. To reach her, e-mail info@KurmanLaw.com or call 445-7670.

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