The past decade has seen many high profile legal cases unfold in Florida courtrooms. Before Casey Anthony and George Zimmerman, there was the Terri Schiavo case. Her name will forever be equated with terms like “right to die”, “living will” and “persistent vegetative state”. It’s just over eight years since that case made global headlines. It was one of the human interest stories that caused everyone to pause and consider what their own convictions told them and how they would handle a decision that had no right or wrong answers, at least when it comes to the human condition.

1. WHAT DID THE TERRI
SCHIAVO CASE MEAN FOR
END OF LIFE
PREPARATIONS?
William Tom Edwards
Florida Estate Planning Attorney

2. What Did the Terri Schiavo Case Mean For End of Life Preparations?
2
The past decade has seen many high profile legal cases unfold in Florida
courtrooms. Before Casey Anthony and George Zimmerman, there was the Terri
Schiavo case. Her name will forever be equated with terms like “right to die”,
“living will” and “persistent vegetative state”. It’s just over eight years since that
case made global headlines. It was one of the human interest stories that caused
everyone to pause and consider what their own convictions told them and how
they would handle a decision that had no right or wrong answers, at least when it
comes to the human condition.
This case had a significant and immediate impact on many as they began to at
least prepare to put the foundation in place that would prevent such mental and
psychological trauma that Terri’s parents and family endured. In the year
following her death, there were more than 2 million Americans who downloaded
“ready made” advance directives, such as living wills. Many more wisely followed
through with their estate
planning lawyer.
Unfortunately, interest
waned as the media
found room for other
breaking news stories. As
a result, many still have
those papers buried with
other documents in files
labeled “Important”.
Good intentions are fine,
but it’s crucial to follow
through.
Schiavo, who was just 41 when she died (and her injuries occurred in 1990, when
she was just 28 years old), had no living will or any kind of legal documentation
that provided any insight into her final wishes. The families involved couldn’t
agree. That’s easy to understand; our souls are never prepared to live with that
kind of sadness, grief and uncertainty, but when you combine the legalities and
are asked to lay the grief aside briefly, it’s little wonder it becomes too

3. What Did the Terri Schiavo Case Mean For End of Life Preparations?
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overwhelming. Her case served as proof that life changes in an instant and was
likely the reason so many younger Americans downloaded the forms.
J. Donald Schumacher, president and CEO of the National Hospice and Palliative
Care Organization, voiced his concerns at that time, "I fear a lot of people are just
downloading these papers and then just letting them sit on their desks," he said.
He then went on to explain that even as many did complete the process, they
often chose to not make anyone aware of that
the documents even existed.
Since this case, numerous studies have
consistently revealed that people are pretty
comfortable with an occasional discussion on
what their final wishes might be. But as Peter
Ditto, a psychologist at the University of
California-Irvine explains, "They also don't
want to micromanage their deaths. ... But they
do want to have a sense of control; they do
want their values heard." It’s important to get past the satisfaction of knowing
others know how you feel. You can be sure any conversations you have today
with a loved one won’t mean much should they ever be put to the test.
The estate planning attorneys with The Edwards Law Firm recommend a multi-
prong plan to their clients.
Having “a” talk with family members isn’t enough. It should always be open for
discussion. Of course, you don’t have to force it to be a family meeting once a
month, but don’t pass up any opportunity to clarify your values and beliefs. Your
loved ones are far more likely to be on the same page after your death.
Review your will, legacy plan or business plan as needed. Needs change, wealth
shifts, mortgages are paid off, divorces and marriages happen. There are a
number of scenarios that could play out and could affect your decisions when it
comes to your estate planning decisions.
Review your will,
legacy plan or business
plan as needed. Needs
change, wealth shifts,
mortgages are paid off,
divorces and marriages
happen.

4. What Did the Terri Schiavo Case Mean For End of Life Preparations?
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Consider what you’re comfortable with in terms of life support, feeding tubes and
other life sustaining efforts. Be sure to have those bases covered so that your
loved ones aren’t left assuming they’re doing the right thing. In fact, one of the
greatest gifts we can give our loved ones is by taking away that burden in its
entirety. No one wants to wonder for the rest of his life wondering if the decision
about life support was the right one.
Finally, there’s a new dilemma that plays
into end of life decisions and should be a
factor in how you direct your estate
planning legal team. In 2014, Florida will
be using an entirely new Medicaid system.
The Medicaid Program will handle all
eligibility and enrollment considerations.
The new Affordable Insurance Exchange
will also be managed through the Medicaid program.
Here’s where it becomes important for both consumers and their estate planning
attorneys:
Hospital administrators will finally be given the decision making power they once
had. This means the government won’t be making very important decisions that
should have been reserved for doctors and patients all along. This could very well
affect your end of life planning efforts – so don’t underestimate what it might
mean for you and your family years from now.
While spending a Saturday afternoon discussing less than pleasant aspects of life
and death isn’t the way any of us want to use our weekends, pulling your family
together so that you’re all in agreement is going to do far more than prevent
problems after you pass away.
It’s going to serve as a protective mechanism that keeps your family together
when they aren’t battling over what they believe your final wishes would have
been.

5. What Did the Terri Schiavo Case Mean For End of Life Preparations?
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Ensuring your estate planning efforts are tidy ensures they won’t be fighting over
what they believe you would have wanted for them from a materialistic
perspective.
______________________
References:
National Hospice and Palliative Care Organization: http://www.nhpco.org/
Affordable Insurance Exchange: https://www.healthcare.gov/what-is-the-health-
insurance-marketplace/

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About the Author
William Tom Edwards
Estate Planning Attorney
He has been assisting individuals, businesses and organizations with
their legal management and legal service needs for over 25 years.
His practice is primarily devoted to estate planning, trust
administration, Medicaid planning, asset protection, guardianship
and probate.
Mr. Edwards received his Juris Doctor degree from The Florida State
University College of Law in 1980. He is a member of The Florida
Bar, and the Real Property, Probate and Trust Law Section and the
Elder Law Section of The Florida Bar; the American Bar Association,
and the Real Property, Probate and Trust Law Section of the
American Bar Association; the National Academy of Elder Law Attorneys; the Jacksonville, Clay
County and St. Johns County Bar Associations. From 2000 thru 2002 Mr. Edwards served on the
Education Advisory Board of the American Academy of Estate Planning Attorneys. He is an
Executive member of the American Academy of Estate Planning Attorneys. He is admitted to
practice before all Courts in the State of Florida, the United States Tax Court and the United
States Claims Court. He has had his own law practice since 1982.
Mr. Edwards has had extensive experience in family law, civil & commercial litigation, business
planning and real estate litigation; and has provided legal advice and representation to
numerous individuals, businesses and organizations. He has taken this experience and currently
uses the experience in assisting clients with special family or business needs when creating
their estate plans.
The Edwards Law Firm
www.edwardslawfirm.com
ORANGE PARK
River Place Office Park
165 Wells Road, Suite 402
Orange Park, FL 32073
Phone: (904) 215-3550
SAINT AUGUSTINE
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1750 Tree Boulevard
Suite 9
Saint Augustine, FL 32084
Phone: (904) 824-1750
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31 South 4th Street
Fernandina Beach, FL 32034
Phone: (904) 215-3550