Florida Supreme Court Decision on Schiavo Legal Case ('Terri's Law') Highlights Importance of Getting Health Care Wishes in Writing

Elder Law Attorneys Offer Nine Tips to a Living Will, Health Care Proxy and Health Care Power of Attorney

TUCSON, Ariz., Sept. 23, 2004 /PRNewswire/ -- The legal case of Terri Schiavo, decided today by the Florida Supreme Court, has increased public awareness of critical issues over the right to die and the right to live. The primary lesson of this case may be the need for anyone over the age of eighteen to establish written expression of their wishes for medical treatment in the event that they are not able to make the decisions for themselves. Members of the National Academy of Elder Law Attorneys (NAELA) are involved with assisting the public about advance directives including living wills, health care proxies, and health care powers of attorney that can help families and medical professionals to have a clear understanding about the health care desires of family members and patients.

"While there are pre-printed forms available for living wills and durable health care powers of attorney, such forms are quite general in nature and may not meet your personal needs," said Stuart Zimring, Esq., President of the National Academy of Elder Law Attorneys. "At the time that the documents are actually needed, you will not be able to be heard, so it is critical that your documents be as personalized as possible."

AARP Survey Finds Less Than Half of Consumers Age 45+ Have Health Care Powers of Attorney

A 2003 AARP Consumer Experience Survey found that only two in five persons 45 years of age and older hold a durable power of attorney for health care decisions (39%). The survey also found that lawyers are the most popular choice for preparing these documents.

"AARP would like to underscore the importance of health care decision planning for seniors and their families," said Sally Hurme, an AARP consumer protection attorney. "In the absence of critical legal documents expressing the desires of aging family members, there is a high probability family members may be confused about the best ways to direct the medical care of their loved ones."

Geriatric Care Managers Recommend Elder Law Attorneys for Health Care Decision Planning

"We strongly encourage seniors to consult with elder law attorneys about these important advance directive documents," said Linda Fodrini-Johnson, National Association of Professional Geriatric Care Managers Board Member. "Elder law attorneys are aware of the current legal issues as well as the complex financial and social decisions faced by older adults."

Nine Tips For Consumers For Health Care Decision Planning

According to the National Academy of Elder Law Attorneys ((NAELA), consumers should consider nine items when speaking with an elder law attorney about a living will, health care power of attorney and health care proxy:
1) What are your desires with regard to artificial nutrition and
hydration?
2) Who will serve as your Agent for Health Care? Who will serve as the
alternate?
3) Do you wish to limit transfusions to blood provided by family members
and/or friends?
4) Do you wish to state your preference between home care and nursing
home care or will you allow your Agent for Health Care to make
placement decisions?
5) Are there certain medical treatments or pain control measures that you
would like to be sure to have and others that you would like to
refuse?
6) Do you wish to refuse treatment if the treatment means greater
dependency upon others?
7) Do you wish to refuse treatment if the treatment means having to
suffer chronic pain?
8) Do you wish to take pain medication that will reduce or eliminate the
ability to communicate?
9) Do you have any particular wishes regarding specific health care
facilities, religious preferences, disposition of your body, donation
of bodily parts for transplant or research, etc?

For More Information Contact::

PartingWishes.com
Email: support@partingwishes.com
Internet: http://www.partingwishes.com