With all the talk about the legislative proposals that include allowing for end of life counseling and the controversy surrounding it, it would be easy to dismiss the importance of estate planning.  Despite the insistence that end of life counseling is akin to a “death panel” if provided by the government, end of life counseling is a part of a total plan for your estate upon death.  More importantly, estate planning creates a piece of mind while living while making things easier for your family later.

End of life counseling has many different meanings. In terms of healthcare, end of life counseling really is nothing more than deciding a medical directive should you become incapacitated. In California, this is known as an Advanced Healthcare Directive. It is a legal document where you put your health care wishes down on written form. First you appoint an agent. This is a person you trust to make health care decisions on your behalf should you not be able to make decisions for yourself. Second, you write down your health care wishes. This includes your desire regarding life prolonging procedures. The doctor and agent must follow the instructions you leave.

Deciding your medical directive is only a small part of what should be a bigger plan.  Estate Planning is a process where you decide many things including who will manage your assets if you are unable to manage them yourself during your lifetime, how those assets will be distributed, how the assets will be distributed and managed after your death, personal care and healthcare decisions, and designating your preference for a guardian for your children. Most people believe that estate planning is simply writing a will.  But estate planning encompasses much more.  It involves financial, medical and business planning.

Why is creating an estate plan important?  The answer is simple.  Estate Planning is the best way to ensure that your wishes are followed.  Estate Planning also provides a peace of mind.  Estate Planning also saves money in that you can create a financial plan that limits taxes.   Estate Planning also saves costs because a properly done estate plan can avoid the costs and resources expended in a Court process after your death.  Lastly, an Estate Plan saves your family and loved ones the pain of trying to figure things out should anything happen to you.

On March 31, 2005 Terry Schiavo passed away after spending 15 years in a vegetative state.  Ms. Schiavo collapsed in her apartment in 1990 from cardiac arrest.  Schiavo arrived at the hospital is a coma and remained that way for two and half months and then she emerged into a vegetative state.  She was fed through tubes and could not survive on her own. Her husband tried different experimental procedures to bring her back but none worked.

Schiavo’s husband insisted that she did not want life prolonging procedures done once it was determined by medical science that she would not survive.  However, he parents insisted otherwise.  Her husband petitioned a Florida Court to serve on her behalf.  The initial court determined that Ms. Schiavo would have wanted her life support terminated.  Her parents appealed.  Terry Schiavo’s family spent millions of dollars in Courts for the next ten years trying to determine what to do.  Her story became national news.  Politicians weighed in.  People judged her husband.  People judged her parents.  In the end, Terry Schiavo’s case was determined by the Florida Supreme Court.

All of this would have been avoided had the Schiavos completed an estate plan.  And whatever Ms. Schiavo’s wishes had been those wishes would have been followed without intervention by Courts, politicians and the media. Her husband and parents would have been spared the pain and costs associated with the long court battle.  Ms Schiavo herself would not have had her death the topic of discussion on a national stage.

The Schiavo story is not unique.  Terry Schiavo was only 41 years old when she passed away and was only 26 years old when she collapsed and went into the coma.  Most people think that this is simply too young to think about planning for your death. 

However, the Schiavo case shows that it is never too early to plan.  And yes, it is a tough subject to think about.  Nobody wants to talk about their death.  Nobody wants to discuss end of life procedures and who will decide whether to pull the cord or not.  But in the end, the amount of time, money and pain saved for those you leave behind is worth the short time it will take to make these difficult decisions.

Dena Bez is a licensed California Attorney whose practice focuses on family law including divorce, custody disputes, domestic partnership issues and estate planning.

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