Schiavo case highlights importance of wills, power of attorney forms

Legal experts say Terri Schiavo's right to die case has spotlighted the importance of living wills and medical powers of attorney across the nation, particularly for younger populations who are more likely to be in a catastrophic accident.

Schiavo's parents, Bob and Mary Schindler, have fought for years to keep their daughter alive. They believe Schiavo, who suffered severe brain damage more than 15 years ago when her heart stopped beating and oxygen was cut off to her brain, should be kept alive. Her husband, Michael Schiavo, has said his wife told him she would not want to be kept alive by machines. A court ordered Schiavo's feeding tube removed March 18, and doctors expect the woman to die by the end of the week. Legal experts say the battle could have been avoided if Schiavo, who was 26 when she suffered brain damage, would have filled out a living will.

In Illinois, if there are no legal documents outlining a patient's wishes, hospitals first consult a spouse before moving on to close family members such as parents, grandparents or adult children. John Erbes, associate clinical professor at the SIU School of Law, said students may want to consider filing a living will, although a medical power of attorney will provide more coverage for cases similar to Schiavo's. "Illinois' living will is probably not what most people would want to have," Erbes said. "It's limited in how it becomes operational, and it doesn't allow for the removal of a feeding tube. With a medial power of attorney, you can name someone to make medical decisions for you, including decisions regarding life-sustaining treatment."

Erbes said a power of attorney also authorizes organ donation, something he said in which younger generations are becoming more interested. Brandon Coleman, an undecided freshman from Broadview, said he would consider filling out legal documents regarding organ donation because he and his family disagree on the subject. "My family doesn't really support it; they figure you are born with your organs, you should die with your organs," Coleman said. "But I figure, I'm dead. I might as well give them to someone else."

Living wills and power of attorney forms are free and available at hospitals, as well as the Law School's self-help center and the state Department of Public Health. The forms are legitimate without an attorney, but Erbes said filling them out with an attorney would prevent oversights and mistakes. "College-age students are more likely to be in a catastrophic accident than a lot of older adults," Erbes said. "Most people think wills and power of attorneys are only for the elderly, but that simply isn't true anymore." Jennifer Lara, a junior from Topeka, Kan., studying cinema and photography, said she has never thought about filling out legal forms for medical care before but would consider it just to keep her friends and family from being forced to make difficult decisions.

"It's hard to say what you would want in that situation," Lara said. "If there was the smallest chance that I would live, I would say keep me alive. But I definitely wouldn't want my family or friends to have to decide for me. But I'm still young, and you normally don't think about things like this until you are older and have a family." Before rushing off to fill out forms, Erbes said students should seriously consider whom they chose to speak for them. He said it is wise to avoid naming a roommate or friend on a power of attorney, and it's important to remember the forms can always be changed. "When students graduate or move on in their life, they need to make sure they constantly re-evaluate the forms, particularly if they move, as laws are different in every state," Erbes said.