WHAT DID THE TERRI

SCHIAVO CASE MEAN FOR

END OF LIFE

PREPARATIONS?

William Tom Edwards Florida Estate Planning Attorney

What Did the Terri Schiavo Case Mean For End of Life Preparations? 2

The past decade has seen many high profile legal cases unfold in Florida

courtrooms. Before Casey Anthony and George Zimmerman, there was the Terri

Schiavo case. Her name will forever be equated with terms like “right to die”,

“living will” and “persistent vegetative state”. It’s just over eight years since that

case made global headlines. It was one of the human interest stories that caused

everyone to pause and consider what their own convictions told them and how

they would handle a decision that had no right or wrong answers, at least when it

comes to the human condition.

This case had a significant and immediate impact on many as they began to at

least prepare to put the foundation in place that would prevent such mental and

psychological trauma that Terri’s parents and family endured. In the year

following her death, there were more than 2 million Americans who downloaded

“ready made” advance directives, such as living wills. Many more wisely followed

through with their estate

planning lawyer.

Unfortunately, interest

waned as the media

found room for other

breaking news stories. As

a result, many still have

those papers buried with

other documents in files

labeled “Important”.

Good intentions are fine,

but it’s crucial to follow

through.

Schiavo, who was just 41 when she died (and her injuries occurred in 1990, when

she was just 28 years old), had no living will or any kind of legal documentation

that provided any insight into her final wishes. The families involved couldn’t

agree. That’s easy to understand; our souls are never prepared to live with that

kind of sadness, grief and uncertainty, but when you combine the legalities and

are asked to lay the grief aside briefly, it’s little wonder it becomes too

What Did the Terri Schiavo Case Mean For End of Life Preparations? 3

overwhelming. Her case served as proof that life changes in an instant and was

likely the reason so many younger Americans downloaded the forms.

J. Donald Schumacher, president and CEO of the National Hospice and Palliative

Care Organization, voiced his concerns at that time, "I fear a lot of people are just

downloading these papers and then just letting them sit on their desks," he said.

He then went on to explain that even as many did complete the process, they

often chose to not make anyone aware of that

the documents even existed.

Since this case, numerous studies have

consistently revealed that people are pretty

comfortable with an occasional discussion on

what their final wishes might be. But as Peter

Ditto, a psychologist at the University of

California-Irvine explains, "They also don't

want to micromanage their deaths. ... But they

do want to have a sense of control; they do

want their values heard." It’s important to get past the satisfaction of knowing

others know how you feel. You can be sure any conversations you have today

with a loved one won’t mean much should they ever be put to the test.

The estate planning attorneys with The Edwards Law Firm recommend a multi-

prong plan to their clients.

Having “a” talk with family members isn’t enough. It should always be open for

discussion. Of course, you don’t have to force it to be a family meeting once a

month, but don’t pass up any opportunity to clarify your values and beliefs. Your

loved ones are far more likely to be on the same page after your death.

Review your will, legacy plan or business plan as needed. Needs change, wealth

shifts, mortgages are paid off, divorces and marriages happen. There are a

number of scenarios that could play out and could affect your decisions when it

comes to your estate planning decisions.

Review your will,

legacy plan or business

plan as needed. Needs

change, wealth shifts,

mortgages are paid off,

divorces and marriages

happen.

What Did the Terri Schiavo Case Mean For End of Life Preparations? 4

Consider what you’re comfortable with in terms of life support, feeding tubes and

other life sustaining efforts. Be sure to have those bases covered so that your

loved ones aren’t left assuming they’re doing the right thing. In fact, one of the

greatest gifts we can give our loved ones is by taking away that burden in its

entirety. No one wants to wonder for the rest of his life wondering if the decision

about life support was the right one.

Finally, there’s a new dilemma that plays

into end of life decisions and should be a

factor in how you direct your estate

planning legal team. In 2014, Florida will

be using an entirely new Medicaid system.

The Medicaid Program will handle all

eligibility and enrollment considerations.

The new Affordable Insurance Exchange

will also be managed through the Medicaid program.

Here’s where it becomes important for both consumers and their estate planning

attorneys:

Hospital administrators will finally be given the decision making power they once

had. This means the government won’t be making very important decisions that

should have been reserved for doctors and patients all along. This could very well

affect your end of life planning efforts – so don’t underestimate what it might

mean for you and your family years from now.

While spending a Saturday afternoon discussing less than pleasant aspects of life

and death isn’t the way any of us want to use our weekends, pulling your family

together so that you’re all in agreement is going to do far more than prevent

problems after you pass away.

It’s going to serve as a protective mechanism that keeps your family together

when they aren’t battling over what they believe your final wishes would have

been.

What Did the Terri Schiavo Case Mean For End of Life Preparations? 5

Ensuring your estate planning efforts are tidy ensures they won’t be fighting over

what they believe you would have wanted for them from a materialistic

perspective.

______________________

References:

National Hospice and Palliative Care Organization: http://www.nhpco.org/

Affordable Insurance Exchange: https://www.healthcare.gov/what-is-the-health-

insurance-marketplace/

What Did the Terri Schiavo Case Mean For End of Life Preparations? 6

About the Author William Tom Edwards Estate Planning Attorney

He has been assisting individuals, businesses and organizations with their legal management and legal service needs for over 25 years. His practice is primarily devoted to estate planning, trust administration, Medicaid planning, asset protection, guardianship and probate.

Mr. Edwards received his Juris Doctor degree from The Florida State

University College of Law in 1980. He is a member of The Florida

Bar, and the Real Property, Probate and Trust Law Section and the

Elder Law Section of The Florida Bar; the American Bar Association,

and the Real Property, Probate and Trust Law Section of the

American Bar Association; the National Academy of Elder Law Attorneys; the Jacksonville, Clay

County and St. Johns County Bar Associations. From 2000 thru 2002 Mr. Edwards served on the

Education Advisory Board of the American Academy of Estate Planning Attorneys. He is an

Executive member of the American Academy of Estate Planning Attorneys. He is admitted to

practice before all Courts in the State of Florida, the United States Tax Court and the United

States Claims Court. He has had his own law practice since 1982.

Mr. Edwards has had extensive experience in family law, civil & commercial litigation, business

planning and real estate litigation; and has provided legal advice and representation to

numerous individuals, businesses and organizations. He has taken this experience and currently

uses the experience in assisting clients with special family or business needs when creating

their estate plans.

The Edwards Law Firm www.edwardslawfirm.com

ORANGE PARK River Place Office Park 165 Wells Road, Suite 402 Orange Park, FL 32073 Phone: (904) 215-3550

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