One of the most dramatic stories to illustrate the importance of having a Living Will is that of Terry Schiavo.
Terry suffered a cardiac arrest when she was only 26 years old. She was resuscitated, but suffered massive brain damage. After 2 1/2 months of hospitalization without improvement, she was diagnosed with “persistent vegetative state,” and transferred to a long-term nursing care facility.
Terry Schiavo’s husband was awarded legal guardianship and argued that Terry would not have wanted prolonged artificial life support without any hope of recovery. He believed that she would have wanted her feeding tube removed. Terry’s parents argued in favor of continuing artificial nutrition and hydration. They believed that Terry would have wanted to live. The costly legal battle lasted 15 years, before Terry Schiavo’s feeding tube was eventually removed and she passed away.
A Living Will is a document that only goes into effect in two situations: (1) You are unconscious or incompetent and have a terminal condition. (2) You are in a persistent vegetative state that is not a terminal condition.
Your Living Will contains your instructions regarding the administration of artificial nutrition and hydration, and of life-sustaining procedures. Under Colorado law, a “life-sustaining procedure” is any medical procedure that only serves to prolong the dying process. This may include cardio-pulmonary resuscitation, defibrillation, medications, and surgery. The Living Will also contains instructions about whether or not you want to make anatomical gifts.
Regardless of your decision to accept or reject life-sustaining treatment, medical professionals will continue to provide all necessary treatment to relieve pain and alleviate your suffering.
Your Living Will may be revoked or amended at any time. If you do revoke or amend a Living Will, it is very important that you provide your doctor, family, and anyone else with the most current version so they are aware of your wishes. So long as a Living Will appears valid and the medical professionals are not aware of any fraud, revocation, or that it was improperly executed, the attending physician may rely on it without the threat of liability.
A Living Will must be witnessed by two uninterested parties, and should be notarized if possible.