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Dear Friends, Collegues |
Terri Schiavo, Karen Ann Quinlan, Nancy Cruzan:
It's Time to Discuss Health Care Directives?and More These names should grab your attention.. Coma, respirator, feeding tubes, brain death, all descriptions of horrible conditions that these people suffered. During the past few years medical science has advanced dramatically to the point that injuries and diseases that used to inevitably cause death are no longer fatal. Unfortunately, while life itself may be extended, the quality of life remains uncertain or completely unknown. Relatively speaking, during the past few years medical science has evolved as the cases of Karen Ann Quinlan and Nancy Cruzan, and now Terri Schiavo, worked there way through the courts to the United States Supreme Court. In 1990, the United States Supreme Court agreed to rule on the issue of whether the U.S. Constitution provides its citizens with the right to have life sustaining treatment withdrawn from medical care. The case in question involved Nancy Cruzan, a woman diagnosed as ?permanently brain damaged, in a persistent state?; the court ruled that if there is ?clear and convincing? evidence of an individual's wishes, those wishes should be followed. The Cruzan case and the New Jersey Supreme Court ruling in the Quinlan case of the existence of the right to privacy allowed the family to enforce for Karen Ann Quinlan the right to refuse treatment. The Schiavo case would have been resolved by a written statement of Terri Schiavo expressing her desires and intention of how she wanted to be treated if or when she was not capable of communication. Without this ?directive? of her intention regarding medical treatment, her husband, and parents were forced into a courtroom for intervention. Also, Governor Jeb Bush became involved in this medical quagmire along with the Florida legislators. This all could have been avoided with a ?directive? issued by the patient. At this writing all 50 states recognize living wills, and thirteen years after the United States Supreme Court recognized the patient's right to refuse medical treatment, only one person in five (18% of the population !) have created such a ?directive?.. During the summer, we all will be gathering with family and friends, we all also will be reminded of friends and or family we have lost, or who have become disabled, during the past year. Is it time to address health care directives? Is it time to reflect on changes in laws that have occurred for example, New Jersey Estate Taxation commences at $ 675,000. Does your estate plan address New Jersey Estate Taxation---do you want it to?? Do you have the correct verbiage incorporated into your ?A? and ?B? trusts? | |||
I urge my friends and clients to address the health care directive issues, as well as consider a review or redrafting (or creation) of an appropriate estate plan. There truly is no reason for another Terri Schiavo; or a disability or death without appropriate plans in existence for the benefit of our spouse or loved ones. Sincerely, |
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© 2005 Tarta Law - Steven Wayne Tarta. All Rights Reserved |
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