Information about health information manager roles involving living wills
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Terri Schiavo Case: Legal Issues Involving Healthcare Directives, Death, and Dying Legal Documents Living Wills The Lawyers Other Cases Power of Attorney & Healthcare Directives Commentary Web Sites Message Boards Legal Documents
Most documents are PDF files that may be viewed using AdobeReader. To submit a document, click here. Legal Documents
Autopsy Report of John R. Thogmartin, M.D., Chief Medical Examiner, Pasco and Pinellas Counties, Fla. (June 13, 2005) Federal Court Order Denying Terri Schiavo’s Parents’ Petition for a Rehearing (March 30, 2005)
A Second Federal Court Order denying another attempt by Terri Schiavo’s parents to reinsert her feeding tube (March 25, 2005) U.S. Supreme Court Order denying the application of Schiavo’s parents for a stay of enforcement of the Florida judgment (March 24, 2005)
Michael Schiavo’s Opposition to application by Terri Schiavo’s parents (March 24, 2005) Emergency Application for Stay of lower court orders filed with U.S. Supreme Court by Terri Schiavo’s parents (March 23, 2005)
Rehearing Denial The 11th Circuit denies Terri Schiavo’s parents’ request for a rehearing (March 23, 2005) 11th Circuit Opinion In 2-1 vote, a federal appeals court denies a legal request to reinsert a feeding tube into Terri Schiavo (March 23, 2005)
Court Order denying the request of Terri Schiavo’s parents to reinsert a feeding tube into their daughter (March 22, 2005) Michael Schiavo’s Opposition (March 21, 2005)
Government’s Statement of Interest in support of Schiavo’s parents (March 21, 2005) Motion by Schiavo’s parents for a temporary restraining order (“TRO”), declaratory and injunctive relief (March 21, 2005)
Congressional Bill Signed into Law concerning Terri Schaivo signed into law by Pres. Bush after being passed by the U.S. Senate and House of Representatives (introduced March 19, 2005; signed into law March 21, 2005) Order U.S. Supreme Court Order rejecting a request to consider arguments on the case (March 17, 2005)
Emergency Motion by Schiavo’s parents to the U.S. Supreme Court (March 16, 2005) Order setting March 18, 2005 as the day to withdraw Schiavo's feeding tube (Feb. 25, 2005)
Order by Fla. 2nd Circuit Court of Appeals denying motion for a stay (March 16, 2005) Opinion Florida’s Supreme Court rules that the law enacted by Gov. Jeb Bush to reinsert a feeding tube into Schavo “violated the fundamental constitutional tenet of separation of powers” between Florida’s executive branch, the judiciary, and the state’s legislature. (Sept. 23, 2004)
Guardian ad Litem’s Report on Terri Schiavo -- Prepared by Jay Wolfson, DrPH, JD, (Dec. 1, 2003). Schiavo’s guardian ad litem concluded: “...that the trier of fact and the evidence that served as the basis for the decisions regarding Theresa Schiavo were firmly grounded within Florida statutory and case law, which clearly and unequivocally provide for the removal of artificial nutrition in cases of persistent vegetative states, where there is no advance directive, through substituted/proxy judgment of the guardian and/or the court as guardian, and with the use of evidence regarding the medical condition and the intent of the parties that was deemed, by the trier of fact to be clear and convincing.”
Gov. Jeb Bush's Executive Order that feeding tube be reinserted for Schiavo; Subsequently ruled unconstitutional (Oct. 21, 2003) Text of Fla. Bill SB35e a/k/a “Terri's Law”; Subsequently ruled unconstitutional (Oct. 21, 2003)
Order by Judge Greer setting Oct. 15, 2003 as the date when removal of the feeding tube can begin (Sept. 17, 2003) More Healthcare Information
Living Wills Living Wills
What is a Living Will? Dying With Dignity: Medical Treatment
Find a Lawyer Specializing In Living Wills Examples of Living Wills
Sample Durable Power of Attorney and Healthcare Directive Forms A new survey by FindLaw finds that only 33% of Americans have a living will. Sixty-seven percent of Americans lack a living will, potentially leaving them with no say over whether they wish to receive life-sustaining medical treatment in the event they should become incapacitated or terminally ill.
The national survey of 1,000 adults was conducted by telephone and results are accurate to within plus or minus three percent. The Lawyers
George J. Felos, attorney for Terri Schiavo’s Husband Michael Schiavo Deborah J. Bushnell, attorney for Terri Schiavo’s Husband Michael Schiavo
David C. Gibbs, attorney for Terri Schiavo’s parents Robert Schindler and Marcy Schindler Barbara J. Weller, attorney for Terri Schiavo’s parents Robert Schindler and Marcy Schindler
Find a Lawyer Specializing In Living Wills Healthcare Lawyers
Wills, Trusts, and Estate Planning Lawyers Personal Injury Lawyers
Other Cases Cruzan v. Director, MDH, U.S. Supreme Court 497 U.S. 261 (1990)
Chief Justice Rehnquist writes for the Supreme Court’s majority opinion, holding that “a State may apply a clear and convincing evidence standard of the patient’s wishes in proceedings where a guardian seeks to discontinue nutrition and hydration of a person diagnosed to be in a persistent vegetative state,” and that the Constitution gives “a competent person a constitutionally protected right to refuse lifesaving hydration and nutrition.” In the Matter of Quinlan, Supreme Court of New Jersey (1976) 70 N.J. 10, 355 A. 2d. 647
New Jersey’s Supreme Court recognizes that a patient’s constitutional right to privacy includes a right to terminate medical treatment. Conservatorship of Wendland, Calif. Supreme Court (Aug. 9, 2001).
California case holding that, under the State’s law, a conservator may not withhold artificial nutrition and hydration “from a conscious conservatee who is not terminally ill, comatose, or in a persistent vegetative state, and who has not left formal instructions for health care or appointed an agent or surrogate for health care decisions...absent clear and convincing evidence the conservator’s decision is in accordance with either the conservatee’s own wishes or best interest.” Brophy v. New England Sinai Hospital, Supreme Judicial Court of Massachusetts (1986) 398 Mass. 417; 497 N.E.2d 626
Massachusetts case holding that the “State’s interest in the preservation of life does not overcome the patient’s right to discontinue treatment,” and that such a position is not contrary to the “State’s interest in the prevention of suicide.” Power of Attorney & Healthcare Directives
Understanding Informed Consent - A Primer Discusses what is informed consent and what can happen if informed consent is not given prior to medical treatment. (FindLaw) Advance Directives Covers living wills and durable power of attorneys for health care. (U.S. Department of Health and Human Services)
Dying with Dignity - Medical Treatment Describes some of the legal devices which allow you to control your medical treatment in the event you are unable to communicate. (FindLaw) How and When to Use the Durable Power-of-Attorney By Carole C. Lamson, JD. (Affording Care, the Bulletin on Personal Finances and Serious Illnesses)
Power of Attorney Legal Services for the Elderly. Covers power of attorneys, choosing an agent, agents and more. (Maine Legal Services to the Elderly) The Durable Power of Attorney (Probate and Estate Planning Section - State Bar of Michigan)
Ways to Plan Ahead for Medical Care and Treatment Discusses living wills, advanced directives, and other tools to help you plan prior to a medical crisis. (FindLaw) What's a Power of Attorney? Covers nondurable, durable and springing powers of attorney. (Office of New York State Attorney General)
Putting the Power in a Power of Attorney Securing authority to handle banking chores for others (Nolo Press) When Mom's Consent Is Required Getting authority to handle a parent's affairs (Nolo Press)
About Durable Power of Attorney (American Bar Association) Do I need a lawyer to write a durable power of attorney?
Revoking a Power of Attorney What if I do not want a power of attorney to take effect now, but only if I become disabled or incapacitated?
Who decides whether I'm incapacitated? Whom should I name as my agent under a durable power of attorney? Does the person have to be an attorney-at-law?
Will a power of attorney be valid when I become mentally incapacitated or incompetent? About Guardianship (American Bar Association)
Are there any disadvantages to the appointment of a guardian? If I need a guardian, may I specify whom I want and do not want to play this role?
May the court remove a guardian? My elderly aunt needs some help with her affairs, but she is not totally incapable. May a guardianship meet her needs?
My elderly mother is often confused. I think she ought to have a guardian to look after her interests. What do I do? This sounds very expensive. Who pays for a guardianship?
What exactly is a guardian? What if someone thinks I need a guardian, and I do not want one?
When is the appointment of a guardian appropriate? Who appoints a guardian?
Who May Be a Guardian? About Healthcare Directives (American Bar Association)
Can I change or terminate my advance directive? How do I make an advance directive?
If I make an advance directive in one state, will it be recognized in others? Is a lawyer needed to do an advance directive?
What do I do with my advance directive after completing one? What happens if I do not have an advance directive?
What happens to my right to make medical decisions if I am too sick to decide? What if my doctor or hospital refuses to follow my advance directive?
What is a durable power of attorney for health care? What is a living will?
What is an advance directive for health care? What is my right to control decisions about my health care?
What should my advance directive say? Which is better a living will or a durable power of attorney for health care?
Whom should I select as my agent or proxy for health decisions? Why can't I just tell my doctor what I want?
Legal Commentary Why Congress’s Intervention Predictably Didn’t Help the Schindlers: Putting Federal Judges In an Unfair Pressure Cooker In the Terri Schiavo Case, by Edward Lazarus (March 31, 2005)
How the Schiavo Federal Court Case Might Have Been Won, by Michael Dorf (March 26, 2005) The Terri Schiavo Case: Congress Rushes In Where Only Courts Should Tread, by Elaine Cassel (March 24, 2005)
How The Florida Legislature and Governor Have Usurped the Judicial Role in the Schiavo “Right to Die” Case, by Michael Dorf (Jan. 29, 2003) Web Sites
Terri's Fight by Terri Schindler Schiavo Foundation American Academy of Neurology
Practice Parameters: Assessment and Management of Patients in the Persistent Vegetative State, Neurology (1995) 45:1015-1018 Certain Aspects of the Care and Management of the Persistent Vegetative State Patient, Neurology (1989) 39:125-126
American Medical Association (“AMA”) President’s Council on Bioethics: Aging and End-of-Life
Florida Agency for Health Care Administration Ads by FindLaw
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