Estate Planning

The Case for Health Care Directives

By Hull & Hull LLP

Several recent stories in the news highlight the importance of making sure your estate plan includes a directive for health care in the event you are incapable of making health-related decisions.  Diane Sawyer, speaking on a segment for ABC news recently, covered the amazing story of a 65 year old woman who awakens from a coma after suffering a cerebral hemorrhage (watch the video here).

Regrettably, the outlook for many terminally ill patients is not as rosy and not every person faced with such odds gets a second chance.  Reminiscent of the case of Terri Schiavo in 2005, a father of a brain-damaged 23 year old has appealed a ruling by the Delaware Court of Chancery that could allow the removal of a feeding tube and end her life (read about it here).  Lauren Richardson was pregnant at the time she fell into a persistent vegetative state, and she was kept alive to enable her to give birth (which she did successfully last year).  The Court has now granted guardianship to her mother, who insists her daughter did not wish to live this way and wants the artificial life support measures withdrawn.      

In Ontario, having a Power of Attorney for Personal Care and a Living Will in place will ensure that your intentions regarding treatment will be considered.  Without the guidance afforded by these critical documents, your family may be unable to carry out your wishes (such as discontinuing medical treatment where there is no hope of recovery).  Including health care directives as part of your estate plan also enables you to specify instructions, such as requesting medication to alleviate suffering or distress, even though this may hasten the moment of death.

Sarah Hyndman Fitzpatrick  

Full post as published by Toronto Estate Law Blog on February 29, 2008 (boomark / email).