Legal News Alert #103

Florida Controversy Sparks Need for Living Wills

Terri Schiavo of Clearwater, Florida has been in a coma or as doctors call it, a persistent vegetative state, for the last thirteen years. Today, she is being rehydrated intravenously after the Florida legislature rushed to pass a bill to overrule a Court ruling to let her die and instead meet her parents wishes to keep her alive. Her husband says she would rather die and last week after years of Court battles, he won the right in Court to discontinue his wife's feeding tube which he immediately had removed. Doctors say that Ms. Schiavo would have died within a week to ten days had her feeding tube not been reconnected.

This bitter and costly battle which has gone on for years between Ms. Schiavo's husband and her parents and family could have been entirely avoided had she made her wishes known via a so-called Living Will.

Most States Including Michigan Allow Living Wills

A Living Will differs from a typical or Testamentary Will in that a Testamentary Will does not take effect until you die. However, a Living Will which is actually a durable power of attorney, takes effect when you are still alive but unable to "participate in medical treatment decisions" AND you are either terminally ill or in an irreversible coma.

In a Living Will, you express your wishes as to what you want done when and if you should become so incapacitated. You also designate who will be your "patient advocate" and "successor patient advocate." It is your patient advocate who will see to it that your wishes are carried out and he or she will have the exclusive right to do so, thus essentially eliminating the kind of bitter legal battle that is taking place in Florida.

If You Wait Until the Last Minute, It May Be Too Late

Although we at Nichols & Eberth prepare Living Wills for clients on almost a daily basis, on occasion, we are asked to prepare a Living Will for a family member who has already lost consciousness or is otherwise not competent to execute such a document. Of course, by then, it is too late to do so and the only option is to petition the Probate Court to appoint a guardian which is what happened in Florida with Ms. Schiavo and resulted in the bitter court battle which has gone on for over five years. A person must be competent at the time that he or she executes a Living Will (or any other estate planning document).

NICHOLS & EBERTH, P.C.
22374 Garrison, Dearborn, MI 48124

Free Initial Consultation

Call Dearborn office at (313) 561-5700 or
Call Birmingham, Northville, Troy office at (248) 952-1700 or
Call us toll free at 888-571-5700 or
Send us an email at email@michiganattorney.com