What are the lessons to be learned from the Schiavo Case?
A. One of the frequently-heard comments during the Schiavo case was that the situation would have been drastically different if only Terri Schiavo had executed a living will. Nothing could be further from the truth. A living will only speaks when a person is “terminal,” which in Indiana means that a physician has certified that the patient has a life expectancy of six months or less. A living will is not applicable to a persistent vegetative state, or an irreversible comma with significant impairment and little or no likelihood of recovery. In such a situation, decisions regarding the withdrawal or withholding of care and treatment, such as artificial nutrition or hydration, will be made by the person’s representative, who may be a relative under Indiana’s Health Care Consent Law, or who may be a guardian appointed by the court or a person designated in an appointment of health care representative instrument.While it is very important that people communicate with their families regardi
