Living wills: a matter of life or death

  • Published
  • By Elaine Wilson
  • Public Information Office
FORT SAM HOUSTON, Texas (AFPN) --  The Terry Schiavo saga has both captured and divided the nation as moral and legal questions have been raised over the right to live or die. While many people remain at odds over the underlying issues, most agree on one topic -- the importance of living wills.

“We’ve had a huge increase over the past couple of months because of the Schiavo case,” said Burton Brasher, chief of client services in the Fort Sam Houston legal assistance office. “We’ve probably done more in the past two months than we’ve done in the past year. Although difficult, the case has definitely raised public awareness.”

A living will is a legal document that expresses a person’s personal health-care wishes in the event he or she is unable to make decisions, Mr. Brasher said.

“If you’re incapacitated, a living will provides the doctor with guidance for your continued treatment,” he said.

This guidance includes decisions related to extraordinary measures to sustain life, a goal doctors aim for in the absence of a living will.

“Doctors are trained to do everything they can to preserve life,” Mr. Brasher said. “But not all people want to live like that, whether (for) religious beliefs, personal convictions or financial reasons.”

Living wills are particularly important for people heading into risky situations, such as combat or medical procedures.

“It helps remove uncertainty,” Mr. Brasher said. “We have a lot of doctors sending patients over here before surgeries. They recognize the importance of the document. The more a doctor knows, the better he can do his job.”

There is no federal standard for living wills, so many states have developed their own format. Texas, for example, has two documents, both referred to as living wills. One is a directive to physicians, and the other is a special power of attorney for health care. The first expresses the patient’s personal desires in advance, and the other designates a “decision-maker” who would decide on the measures taken to preserve life at a later time.

Both documents are legally binding, but Mr. Brasher said people who have both documents should make sure neither one conflicts with the other.

“Make sure your personal wishes and the person you designate as your decision-maker in the power of attorney are on the same page,” he said.

Other states have just one document. And, in some states, organ donation is included in living wills, while the choice to donate is designated through the driver’s license system in others.

Whatever the differences, Mr. Brasher said he recommends a living will based on where people live, whether a resident or not, to remove the “guess work.”

“It’s best to have one for the state you live in or (move) to so the local doctor has a document he’s familiar with,” he said.

However, since each state has its own format, the legal office here includes a header that asks for the will to be recognized nationwide.

Another way to avoid potential problems is to update living wills every two to three years so there is recent proof and fewer “questions raised about whether you still feel the same way as you did when you signed the document,” Mr. Brasher said.

People also should talk to their health-care providers, particularly when undergoing a medical procedure.

“Find out the consequences of the procedure beforehand,” Mr. Brasher said. “That way, you can include specific requests in your living will. For instance, if you don’t want a feeding tube, you can say so in the directive.”

Such a directive can be the difference between a private decision and a national debate.

Any military legal assistance office can prepare living wills free of charge to active-duty servicemembers, family members, retirees and reservists on active duty for 30 or more days.