The student news site of Marquette University

Marquette Wire

The student news site of Marquette University

Marquette Wire

The student news site of Marquette University

Marquette Wire

Schiavo case sparks urging for living wills

Wisconsin legislators and lawyers are recommending citizens file advance directives that make their end-of-life and health care wishes known in light of the public battle over Terri Schiavo's health care.

The Wisconsin Department of Health and Family Services issued a statement March 24 about the availability of a Declaration to Physicians form, sometimes called a living will, on its Web site.

Stephanie Marquis, communications director for the department, said a living will states what kind of treatment someone would or would not want in a terminal condition or continual vegetative state.

"The time the family has to make health care decisions is usually an emotional time," she said. "With these forms, you can have a discussion with the people who may have to make the decision, and you have documents to support it."

Sen. Mark Miller (D-Monona) released information about the advance directives March 23. He said while the state legislature is not planning a formal incentive to increase awareness about the forms, people need to know they are available.

The controversy surrounding end-of-life procedures for Schiavo has brought living wills and similar documents to the forefront, he said.

Marquis said in addition to a Declaration to Physicians form, other advance directives available from the state include Power of Attorney for Health Care and Power of Attorney for Finance and Property.

She said the Health Care form appoints a person to make one's health care decisions, while the Finance and Property form appoints someone to handle his or her belongings.

Though the Power of Attorney for Health Care and the living will both concern a patient's health, Jim Jaeger, attorney with Hill, Glowacki, Jaeger & Hughes in Madison, said there are important differences between the two.

"The living will is designed strictly for end-of-life decisions," Jaeger said. "The Power of Attorney for Health Care document is more flexible and, in my view, the better of the two documents."

The Health Care document designates another person to act according to a patient's wishes about anything from giving aspirin to going on life support, Jaeger said. He said this form can be used in instances when a patient has Alzheimer's disease or is recuperating from surgery.

"The good news is we're living longer. The bad news is we might not always be able to make our own medical decisions," he said. "It's not only end-of-life decisions that need to be made."

Jaeger said a person can fill out both living will and Power of Attorney for Health Care forms.

But the number of people filing any type of advance directive form is low. Teresa Weidemann-Smith, public relations coordinator for the State Bar of Wisconsin, said only 15 percent of adults across the nation have either form on record.

She said the bar issues A Gift to Your Family Consumer Guide, which provides a template for drafting advance directive documents. She stressed that people filing such forms should consult a lawyer "to make sure they are saying what they want to say."

Jaeger emphasized communication about health care wishes not only with lawyers, but with physicians and family as well. He said young people should also be thinking about filing advance directives since serious health situations can occur at any time.

This article appeared in The Marquette Tribune on March 31 2005.

Story continues below advertisement