The following article was published in the Grand Ledge Independent on Sunday, April 24, 2005

HOW TO AVOID BECOMING THE NEXT TERRI SCHIAVO
By Marlaine C. Teahan, Attorney and Counselor at Law

Could you end up like Terri Schiavo?

This question is being asked in bedrooms, boardrooms, and barrooms all across America.  You can keep "your" family from fighting over this issue in a courtroom by having a well-drafted Medical Durable Power of Attorney.

Under Michigan law, a patient can designate a patient advocate to act on their behalf when the patient is unable to participate in medical treatment decisions. The document used to designate a patient advocate is typically called a "patient advocate designation," "medical durable power of attorney," or a "durable power of attorney for health care."

A patient advocate designation may include a statement of the patient's desires on their care and custody, and on medical or mental health treatment, or both.

Put wishes in writing

With some exceptions, your patient advocate can do whatever you could do with regard to your own health care; however, a patient advocate may only make end-of-life decisions to withdraw or withhold life support if your patient advocate designation indicates in a "clear and convincing manner" that your patient advocate has this authority, and that you understand that withdrawing or withholding life support could or would allow your death.

In Michigan, without such language in your designating document, your patient advocate would not be able to "pull the plug."  This would be the case even if you had previously verbalized to your patient advocate that you would not want to be on life support if you were in a persistent vegetative state.  On this point, Michigan and Florida law differ.  Therefore, as a Michigan resident, it is critical that you put your wishes "in writing."

The Terri Schiavo case has brought this important issue into the minds of many people who might not have otherwise considered their own end-of-life wishes.

Seize the moment. Take care of this important issue now.  Carefully consider this issue for yourself.  Once you have determined your own wishes for your end-of-life care, communicate them to your family and health care professionals by drafting or having drafted for you a "patient advocate designation" or a "medical durable power of attorney."

Advocate guidelines

Patient advocate designation forms are available at most local hospitals, but beware.  If you prepare and execute your own form, be sure that the following procedural requirements are met; without them, your patient advocate designation may not be given effect:

You must be 18, of sound mind and act voluntarily to designate a patient advocate.

• You patient advocate designation must be in writing.

• Your patient advocate designation must be signed in the presence of and witnessed by two witnesses.

• The witnesses may not be your patient advocate, your spouse, parent, child, grandchild, sibling, presumptive heir, known devise (beneficiary) under your will, physician, an employee of a hospital where you are receiving treatment, an employee of a nursing-type facility where you are receiving care, or an employee of your life or health insurance provider.

• Before your patient advocate may act, the designee must accept your designation in writing by signing a form that can be found in Michigan Compiled Laws Section 700.5507. 

• Your patient advocate designation must be provided to your patient advocate and must be made a part of your medical record.

Make your wishes known.  Talk with your family and obtain a patient advocate designation.

© Marlaine C. Teahan, Marlaine C. Teahan, PLC 2005.