More Definitions for Estate Planning Terms
FEBRUARY 10, 2014 VOLUME 21 NUMBER 6 Last week we gave you short definitions of some common estate planning terms, like “will” (and “pourover will”), “trust” (including both “living” and “testamentary” trust), “grantor trust” and more. This week we want to continue that project with another batch of common terms: Durable power of attorney — […]
Some Thoughts About Guardianship and Conservatorship in Arizona
NOVEMBER 14, 2011 VOLUME 18 NUMBER 39 Let’s talk about guardianship and conservatorship proceedings. Before we do, though, let’s remember a couple of important principles: We only know about Arizona guardianship or conservatorship. Well, OK — we might know a thing or two about other states’ rules and procedures — but we only practice in […]
Online Video Gives Advice On How to Write Your Living Will
MARCH 1 , 2010 VOLUME 17, NUMBER 7 Everyone should sign a living will and (perhaps more importantly) a health care power of attorney. You knew that already, right? But how should one go about preparing a living will? The answer is deceptively simple. Forms are widely available online, from health care providers and from […]
What Have We Learned From The Tragedy of Terri Schiavo?
APRIL 4, 2005 VOLUME 12, NUMBER 40 By most reports Terri Schiavo was a shy and quiet woman, and she might well have been distressed if she had anticipated that the process of her dying would become such a public spectacle. Much has been written about her, her family, her wishes, her condition, and the […]
CPR Efforts May Have Violated Nursing Home Rights Law
DECEMBER 22, 2003 VOLUME 11, NUMBER 25 Many of our clients have a visceral reaction to the idea that they might be “kept alive by machines” after they are no longer able to make health care decisions for themselves. That is why they sign “advance directives” like health care powers of attorney and living wills. […]
Feeding Tube Withdrawn From Patient With No Living Will
MAY 27, 2002 VOLUME 9, NUMBER 48 One way to help assure that you will not receive unwanted medical care is to sign an advance medical directive. Every U.S. state now recognizes health care powers of attorney (sometimes called health care proxies) or living wills. Nearly all states recognize both types of documents. Often, however, […]
Evidence of Living Will Intent Must Be Clear and Convincing
OCTOBER 15, 2001 VOLUME 9, NUMBER 16 Many patients approaching the end of life feel very strongly that they would not want to be kept alive by feeding tubes, artificial breathing machines or other devices. Signing appropriate advance directives helps, but there is no guarantee that they will be located, properly understood and followed in […]
Court Refuses Permission For Withdrawal Of Feeding Tube
AUGUST 13, 2001 VOLUME 9, NUMBER 7 Twice before we have told the unfolding and tragic story of Robert Wendland. Fate and the California Supreme Court have now written the final two chapters in the saga. You may recall that Robert Wendland was injured when his truck rolled over in 1993. Mr. Wendland had been […]
Developmentally Disabled Man Dies Before Court Decides His Fate
AUGUST 16, 1999 VOLUME 7, NUMBER 7 Though once viewed as slightly out of the mainstream of American thought, the “right-to-die” movement has become widely accepted today. Few would argue with the notion that a competent patient has the right to refuse life-sustaining treatment, even when the medical community collectively believes that the treatment should […]
Generic Living Will May Not Prevent Life-Sustaining Care
JULY 5, 1999 VOLUME 7, NUMBER 1 In nearly every state, living wills and health care powers of attorney can effectively declare a patient’s wishes regarding medical treatment and authorize an agent to carry out those wishes. In some states, the two kinds of documents may be combined into a single form, and they may […]
