Bet Tzedek Staff Expert Offers Suggestions

Schiavo Case Highlights Need for End-of-Life Planning

The Terri Schiavo case underscores the need for every adult, no matter their age, to complete an advance directive regarding health care. As attorney Janet Morris, director of Bet Tzedek’s Family Caregiver Project, explains: “A legally binding document that clearly explains your wishes will make it clear what you want and who will speak for you when you can’t. It’s hard enough to see a loved one suffer, but it’s even more difficult if you’re forced to guess what they would want you to do.”

News coverage on the Schiavo case has sometimes misstated important facts. Morris cautions that a “living will,” while common, is not legally binding in California. It is merely a statement of your desires that may or may not be followed. A “Power of Attorney for Health Care” is a legally binding document in California. Morris strongly recommends that you execute a Power of Attorney form, as both courts and physicians are required to honor it.

She hopes that the Schiavo case hasn’t given the wrong impression about advance directives. “The law is clear in these cases. If a power of attorney is in place, then the instructions of the patient must be followed. The tragedy of the Terri Schiavo case is that her desires were not in writing and therefore not clear to her husband and parents.”

Click here to access and download Bet Tzedek’s Power of Attorney for Health Care form along with instructions >>

Morris developed the form that differs slightly in content and structure from a form recommended by the California Medical Association (CMA). The CMA form includes a “concurrence option” that allows the power of attorney to start immediately upon the document’s completion. Most people do not want the document to go into effect immediately. Also, the CMA form only allows you to indicate whether you’d prefer “all available treatments” or only those treatments needed to keep you comfortable. The CMA form does not address the feeding tube issue, but Bet Tzedek’s form has a third option covering the use of such devices.

Such attention to end-of-life contingencies comes from Morris's 20 years' experience in “elderlaw."   Morris has a national reputation as an expert in the field and lawyers often seek her opinion to help their clients with these difficult decisions.  In February, Morris was on the Faculty of Continuing Education for the Bar’s Power of Attorney Program in Los Angeles. Annually, she trains over 1,000 lawyers, social workers and community residents in end-of-life and incapacity issues.

Morris offers occasional free trainings for attorneys at Bet Tzedek’s Fairfax office. She most recently trained 20 volunteers in the preparation of powers of attorney for health care in February 2005. These trainings are free, with attendees asked to volunteer for one morning at a Los Angeles County Senior Center. MCLE credit is available. Visit our website to view a schedule of future trainings or click here to join our “Clinic and Training” e-newsletter to be notified of future clinics and trainings.

More about advance directives >>