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Terri Schiavo Case
By Assemblyman Brian M. Kolb
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The legal debate surrounding the Terri Schiavo case is one that affects all of us. This case should prompt all Americans to think about their own future quality of life should the time come when they are unable to make their own health care decisions.
Terri Schiavo is the Florida woman whose husband gained the court's permission about two weeks ago to remove her feeding tube in an attempt to allow her to die after spending several years in a vegetative state. Michael Schiavo has maintained for years that his wife would not want to be kept alive in such a condition, though he doesn't have a document specifically stating her wishes. Terri's parents are fighting to keep her alive through use of the feeding tube, denying she is in an irreversible vegetative state and emphasizing that she is able to communicate with them.
I believe it is important to take the time and find out all the legal options available to you and your family should you or loved ones become incapacitated.
An option for New Yorkers is designating a health care proxy which, by law, allows you to empower a family member or close friend, over the age of 18, to make vital health care decisions on your behalf if you become incapacitated. Your health care proxy, or agent, is to ensure that your doctors and other medical professionals follow your explicit directives. The authority you vest in your health care agent is strictly up to you. Some examples of medical treatments for which you may give specific directives include artificial respiration, nutrition and hydration through a feeding tube, and cardiopulmonary resuscitation.
A health care proxy is designated by completing a legal document. Before filling out the form, I recommend everyone talk with the people who would serve as their health care agents. This is the perfect time to discuss health care wishes and ensures the agents will not be held liable for decisions made in good faith. There is no need for a notary to witness and sign the form. All you need are two adult witnesses to make it a binding contract. Once the health care proxy form is completed, give a copy to your agent, doctor, attorney, other family members and close friend. I would also advise you to keep a copy in your wallet or in a safe place where your keep your other personal and legal documents.
A health care proxy form can also serve as a document that addresses your wishes regarding organ and tissue donation. The form includes a section that allows you to donate specific organs, tissues or both that could be used for lifesaving transplants and ongoing medical research and education. It is very important that you make your organ donation wishes known since a health care agent's decision-making power ends upon your death.
I encourage everyone over 18 years of age to visit the state Health Department Web site at www.health.state.ny.us and download the health care proxy form as well as related information.
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