You probably remember the Terri Schiavo incident from a few years ago. If not, then here is a brief recap. Schiavo was comatose and on life support. Her doctors and her husband believed that there was no chance she would ever recover and that she would not want to remain on life support. Her other family members disagreed on both counts. The case got ugly and received national attention, especially after President George W. Bush attempted to intervene. Eventually, Schiavo’s husband won.
However, after the case, Schiavo’s family did not go away. Her brother, Bobby Schindler founded the Terri Schiavo Life & Hope Network, which has recently sought to intervene in a very similar case. A man named Gary Harvey is on life support in New York and under the guardianship of a government agency. In 2009, the hospital petitioned to have Harvey removed from life support. The request was denied. Schindler has asked to intervene and is claiming that Harvey is being denied medical treatment that could improve his condition.
Of course, all of these legal proceedings could have been avoided with advanced medical directives. If you do not have a Living Will and a Health Care Power of Attorney, get them.
Stephen A. Mendel, Estate Planning Attorney
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