That the turmoil over Terri Schiavo’s life and death should happen in Florida holds a particular irony for me as an Elder Law Attorney. In 1998, a panel was convened by the state legislature to address End of Life issues. The panel consisted of lawyers, doctors, lay people, social workers and others from all walks of life. This panel held hearings around the state taking testimony from individual Floridians concerning the issue of right to die.

That panel was designed to address certain problems with the Florida law. At that time, the law provided for removal of life supports only if a person was “terminally ill.”  Family after family would go to the hearings and discuss loved ones in a “persistent vegetative state.” These families had no option but to continue to artificially keep the patient alive. This was perceived by the panel and the legislature as a major problem. 

The panel suggested, and our legislators enacted major changes in our living will laws in 2001. In addition to  “terminal illness” as a basis for removing life supports, life supports could also be removed for a person in an “end stage condition” or in a “persistent vegetative state.” This was consistent with the expressed legislative intent that “every competent adult has the fundamental right of self determination regarding decisions pertaining to his or her own health, including the right to choose or refuse medical treatment...”(emphasis added)  (Florida Statutes Section 765.102).

What went wrong for Terri Schiavo? She was in a persistent vegetative state and she had expressed her desire to refuse medical treatment.  However her expression had not been in writing, leaving some people to question what her true wishes were.

Is the lesson then to have a written living will? Of course, but the lesson goes much further. For example:  Did the patient change her mind since she wrote the living will?  Did he understand what he was signing? You get the picture! Therefore in addition to having a written living will, consider doing the following:

1. Keep a good doctor/patient relationship with not only you but with the members of your family. This will better insure your wishes carried out.

2. Discuss your decisions with your family, friends, and your doctor and provide the doctor with copies of pertinent documents.

3. Make sure your family - the whole family - knows your wishes and are in agreement as to carrying them out.

4. If you have no close family members, or they are not in agreement, find a surrogate who will carry out your wishes.

5. Make sure the documents are readily available - not in the safe deposit box.

6. Update your documents regularly so no one can claim they are “stale.”

The right to die is a very personal decision and the issue very important, complex, and serious.  Please use the lesson of the Schiavo case and learn from it.