From Cruzan to Schiavo:

What Have We Learned?

The Karp Law firm is proud to co-sponsor, with Hospice of Palm Beach
County and Palm Beach Community College, a very important education-
al event on November 28 in West Palm Beach. “From Cruzan to Schiavo:
What Have We Learned?” will be a fascinating discussion featuring attor-
ney William Colby. Mr. Colby is an expert on end-of-life issues, a Fellow
at the Center for Practical Bioethics in Kansas City, and the author of “Long
Goodbye: The Deaths of Nancy Cruzan,” and “Unplugged: Reclaiming our
Right to Die in America.” I hope you’ll be able to join us at this timely
event, which is open to the public. Reservations are essential and may be
made by calling 561-227-5146.

With medical technol- a Living Will speaks for you

ogy continuing to outpace
the law’s ability to adapt,
the right to die continues
to be a sensitive and con-
tentious issue in our soci-
ety. Nowhere is that better
seen than the furor over
Teri Schiavo. Her doctors
were able to keep her alive
well past the time most
would agree was a mini-
Joseph S. Karp,
C.E.L.A.
mally acceptable quality
of life. Wherever you stand on the
ethics of this issue, it’s undeniable
that the situation was a living hell for
her family, if not for her.
For my clients, staying in control
of their medical destiny in the event
of disability is a key goal. (Yes, es-
tate planning is not just about death—
it’s also about making plans for life.)
Fortunately, even as our legal system
struggles to keep up with these com-
plex choices, we have devised some
ways to keep you in control.
Most significant to end-of-life is-
sues is the document called a Living
Will. If Ms. Schiavo had had a prop-
erly drafted living will, the legal furor
surrounding her would either not have
occurred, or been resolved far more
privately and quickly. A living will
states your wishes if you ever end up
in a persistent vegetative state with no
hope of recovery. Properly executed,
when you cannot. It also
covers your wishes if you
are terminally ill with no
hope of recovery, or in an
end-stage condition. The
Living Will is different from
a medical power of attor-
ney in that it addresses only
“end of life” situations. A
properly drafted medical
power of attorney is essen-
tial for all other medical sit-
uations and decisions.
A Living Will must comply with
Florida Statutes Section 765.03 and
must be properly executed and wit-
nessed. One of the witnesses may not
be a blood relative or spouse of the
maker. If you execute a Living Will,
remember that it won’t do you or your
family any good if it’s squirreled away
in a safe deposit box. Let your physi-
cians and family know it exists; pro-
vide them with copies; and keep the
original accessible.
Joseph S. Karp is a nationally certified
and Florida Bar-certified elder law attorney
(C.E.L.A.) specializing in the practice of Trusts,
Estates and Elder Law. His offices are locat-
ed at 2500 Quantum Lakes Drive, Boynton
Beach; 2875 PGA Blvd., Palm Beach Gar-
dens; and 1100 SW St. Lucie W. Blvd., Port
St. Lucie. Call him at 561-752-4550 (Boyn-
ton); 561-625-1100 (Palm Beach Gardens);
or 772-343-8411 (Port St. Lucie). Toll-free
from anywhere: 800-893-9911. E-mail: KLF@
Karplaw.com. or website www.karplaw.com