April 7, 2005

Devries Column

How to avoid a dilemma like the Terri Schiavo case (Part 1)

This week’s question:
Like millions of Americans, I followed the Terri Schiavo case closely; the Florida woman who recently died after her feeding tube was removed. What a terrible dilemma that was. I would like to know how a situation like that can be avoided at any cost.

Debra D.
Almaden Valley

Dear Debra:
I agree that the Terri Schiavo case presented a real dilemma. On the one hand, one could sympathize with the husband, Michael Schiavo, in wanting to follow Terri’s wishes to not remain in a state like she was. And on the other hand, one could sympathize with her parents, the Schindlers, who wanted her to remain living.

How can a situation like that be avoided? Although no lawyer can guarantee a problem-free passing, I think that if you had an Advance Health Care Directive it would go a long way toward minimizing if not eliminating most issues.
We in Almaden are fortunate to live in the State of California. The State of California has adopted the Health Care Decisions Law, contained in Probate Code §§4600-4805 that became effective on July 1, 2000.

By the way, if you want to read these provisions log onto a free Web site, www.findlaw.com. Click on California Statutes and head for the California Probate Code. You can read these provisions for yourself, but as I always say, please consult with your own attorney for a full understanding of the law as it applies to you.

This law was adopted to encourage individuals to take advantage of Health Care Directives (“Advance Directives” for short) so that we all can express our own health care wishes. In Terri Schiavo’s case, she evidently did not have anything in writing as to her health care wishes and the result was a 15-year legal fight between family members, including five or six trips to the United States Supreme Court and a special law passed by Congress and signed by the president during the night.

Where can you obtain more information? It seems to me that your own attorney is the best source of information and advice. He or she is qualified, unbiased, perfectly neutral, and can help you put your wishes in writing. That would be my first choice.

Other sources of information are available too. Before I go on, I need to point out that the Almaden Times and I endorse no specific product and we make no recommendation of any kind as to your choice of legal information.

Another source of information is the California Medical Association. They publish a form in a folder entitled “My Health Care Wishes—The California Medical Association’s Advance Health Care Directive Kit.” Forms may be ordered for a modest fee by telephone at: 1-800-882-1CMA, by fax at (415) 882-5195; online at: www.cma-net.org or by mail through CMA Publications, P.O. Box 7690, San Francisco, CA 94120-7690. Cost: $5, less for multiple orders.

If you are an Almaden resident, the form should be California specific. Forms are also available at www.1stoplegalforms.com/Home.asp for $19.95. Direct link: www.1stoplegalforms.com/FormQs/ FQ_0002.asp?Page_ID=3.

You might also take a look at www.urgentbusinessforms.com/living_will.asp. Price: $7.95.

Advance Health Care Directives are also available from Office Depot.

Finally, you might try Rose Printing, 39 North First Street, San Jose, CA 95113; Tel: 408-293-8177. Cost: $6.
Once again, the above information is just that—information, and the Almaden Times and I make no recommendation of any kind as to which form is best.

Also, you might want to take a look at prior articles I have written for the Almaden Times. They are posted on my Website, www.almadenvalleylawyers.com. Head for Times Articles, Estate Planning. Of the 36 articles posted there, 5 deal with this topic, including a prior article on the Terri Schiavo case.

In Part 2 of 2 concerning Advance Health Care Directives in the next issue of the Almaden Times, I will focus on the content of the Advance Directive—just what should your document say—so that your wishes and directions are carried out. Many points can be included, such as funeral and burial arrangements, disposition of remains, organ donations to science, and other things. Much more information can be included other than when to stop life support.

Donald J. DeVries
Almaden Valley

Donald J. DeVries is an attorney practicing law in Almaden Valley. If you would like him to answer your question in his next Almaden Times column, you can reach him by email at don@almadenvalleylawyers.com, fax at (408)268-6502, telephone at (408) 268-9500, or mail at, 6475 Camden Avenue, Suite 200, San Jose, CA 95120. Your matters are personal and private, so of course, he will not disclose your identity or any details about your situation. Visit his Web site at www.almadenvalleylawyers.com to view Almaden Times columns since 1986. DeVries writes this column to provide you with general information about important legal matters affecting California residents—not to give you legal advice about your specific matter. No attorney-client relationship is created by these articles. The law is complex and constantly changing and varies from state to state. So you should consult an attorney before taking any action that would affect your personal or business matters.