Terry Schiavo, Take Two
November 5, 2008Current Events, Estate PlanningNo CommentsEverybody knows about the terrible tragedy of Terry Schiavo, and the pain and grief it brought to her family, but apparently not everybody learned the lesson. This recent article from the Toledo Blade tells the story of another incapacitated woman, also from Florida, whose family has become involved in a court battle for her guardianship in the absence of a healthcare directive.
As a couple who have been married for 17 years, most people would assume that Heather Lavers’ husband Robert would assume guardianship in the absence of an official nomination of healthcare agent, but that is not necessarily the case. Heather’s sister Heidi applied for guardianship in late September and the issue has now been put in the hands of the court.
Even if the court does end up awarding guardianship to Heather’s husband Robert, the family still will have gone through a painful and expensive ordeal which could have been avoided had Heather executed an Advanced Healthcare Directive or a Healthcare Power of Attorney.
No matter your age or health, creating a healthcare directive and nominating a healthcare agent to make decisions for you when you are unable is essential. It not only eases the way in the hospital in case of emergency, but making your wishes clear will save your family from a difficult situation such as the Lavers family is going through right now. Ask your estate planning attorney about executing Advanced Healthcare Directive as soon as possible. Don’t just do it for yourself, do it for your family.