Many years ago in the State of Florida a young lady named Terry Schiavo suffered a massive heart attack leading to prolonged state of oxygen deprivation that ultimately resulted in her entering a persistent vegetative state. Her life thereafter, or what passed as a life, and the decisions related to her ongoing medical treatment, were caught between a husband who wanted her removed from a feeding tube and a breathing apparatus that maintained her existence, and parents who wanted all medical care to continue in the hope that she would someday recover. The hospital rendering care to Mrs. Schiavo was left with no alternative than to require that the dispute be resolved in a court of law. The hospital had no instrument, no legal writing, upon which a reasonable decision could be made. There was evidence from the husband that Mrs. Schiavo expressed to him verbally her intent that her life not be maintained by artificial means. But her verbal expression of intent did not satisfy the requirement that such decisions must be in writing. In the end, the entire family was forced to endure 7 years of protracted litigation, in addition to other legal maneuvering, before the Supreme Court of the United States intervened to end the legal dispute that allowed Mrs. Schiavo to die. The case of Terry Schiavo serves to illustrate the possibility that we all potentially face a situation worse than death – that is, we may face an injury or medical condition that leaves us suspended between life as we know and appreciate it, and death. Have you planned for this possibility? Think it won’t happen to you? You might want to rethink that.
The Mississippi Legislature has established specific rules that allow Mississippians to declare in advance, in writing, their intentions in the event life’s circumstances leaves them in this suspended state without the hope of recovery. Those rules declare that, under very specific medical circumstances, an individual suffering from a condition from which there is no hope of recovery may have their predetermined, written, end-of-life decision honored, thereby avoiding the situation that occurred in Florida. Further, we have found that most people appreciate this privilege because it allows them to remove the incredible burden of such decisions from their family members who will, no doubt, be suffering intense emotional burden and trauma at that time. By setting out your intention in writing, in advance, your wishes may be carried out without burdening anyone else.
Beyond end-of-life decision-making, the Mississippi Advance Health Care Directive has many other uses as well. It is indeed an important document to have in place. A complete estate plan should include an Advance Health Care Directive. Convinced yet? Why don’t you allow the professionals at Adams & Edens, P.A., guide you through a thorough estate planning process that addresses your unique situation. You deserve an estate plan that suits your specific circumstances, including an Advance Healthcare Directive tailored to meet your needs. Call us today.