Terry Schiavo is unfortunately a name that everyone in America is all to well aware of today.  Clients are concerned that what has happened to Terry Schiavo should never happen to them or their family.  Clients want assurances that their wishes will be followed and that the individuals they select will not have to resort to court (or for that matter Congressional) interference.   Though there are absolutely no guarantees that you will not end up in court, we can make it so that your wishes will be followed.

Accidents happen, and people of all ages can unexpectedly find themselves in a position where they cannot speak for themselves.  Having an advance healthcare directive assures that your doctor knows your wishes about the kind of care you want and/or whom you have designated to make decisions on your behalf. 

An Advance Healthcare Directive form can include preferences about accepting or refusing life-sustaining treatment (such as CPR, feeding tubes or breathing machines), receiving pain medication, making organ donations, indicating your primary care physician for providing your care, or other wishes that you are unable to communicate.  Ultimately, you select someone you trust to speak for you and to make decisions for you with respect to medical issues when you are unable to do so for yourself.

Another important consideration in this area is the application of the Health Insurance Portability and Accountability Act, known by the acronym “HIPAA”, to an individual’s planning.  This recently applicable federal regulation limits health care providers ability to share any individuals health care information with anyone, including health care agents, unless they have been explicitly authorized to do so. 

Consequently, in order to insure that your wishes can truly be followed, you must authorize your health care providers to share your information with the individuals you have selected to act as your health care agents.

There are various forms of Trusts, a few of which are:

• Revocable Living Trust (“RLT”)
  
• Irrevocable Life Insurance Trust (“ILIT”)
  
• Special Needs Trust (“SNT”) for children with special needs
  
• Advanced Healthcare Directive (”AHD”)