Should You Have a Living Will? No one likes planning for the worst possible scenario, but we also want to maintain control over our medical care. In this piece originally published in the Sanibel Island Sun, attorney Craig Hersch discusses how a living will can protect your wishes if you become incapacitated. You can read the full version of “Living Will Particulars” at FloridaEstatePlanning.com. The major choice this document provides is whether you want food and water (usually via feeding tubes) withheld
and withdrawn. The language in Florida’s
Clients regularly ask me about living wills, an end-of-life directive document that describes the medical procedures you would and would not want to be performed under certain medical scenarios. You may recall, for example, the Terri Schiavo case. Terri Schiavo went into an irreversible persistent vegetative state as a result of a 1990 heart attack and lay unresponsive in a hospital bed for years. Terri Schiavo did not have a living will. In 1998, her husband petitioned a Florida court to remove her feeding tube. Her parents fought the lawsuit, arguing that Terri was responsive and would want to live. The majority of her case centered on what she would have wanted had she been able to direct. Ultimately, the feeding tubes were removed after state and federal court appeals processes at the end of March 2005. She died shortly thereafter. A living will document allows you to direct your medical treatment if you should be dying and artificial means would only prolong death rather than save your life. The threshold is high, and under a living will, the patient is usually incapacitated and unable to speak for him or herself.
living will statute states that the patient should always receive medical procedures or medication to provide comfort, care, and pain alleviation.
If you are a Florida resident, you should have a Florida-compliant living will. In it, you will designate someone to carry out the provisions of the declaration. If the health care surrogate disagrees with the two physicians who declare the patient to have met the living will preconditions, there could be additional determinations. So, carefully choose your surrogate. They should have similar end- of-life attitudes that you do or provide you comfort that he or she will follow your wishes. You should discuss your intent with those close to you as well as with your primary physician.
INGREDIENTS
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6 ears of corn
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1/2 cup Parmesan cheese, finely grated
1 1/2 cups heavy cream
1 1/2 cups ricotta
2 tbsp all-purpose flour
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2 tbsp unsalted butter, diced Chives and scallions, finely chopped
2 tbsp thyme, finely chopped Kosher salt and freshly ground black pepper, to taste
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DIRECTIONS 1. Preheat oven to 325 F. 2. In a large grill pan on high heat, cook the corn until charred on all sides. Let cool, then cut the kernels from the cob. 3. In a food processor or blender, purée two-thirds of the kernels with the cream, ricotta, flour, and thyme. Season with salt and pepper, and stir in remaining whole kernels. 4. Pour into an 8-inch baking dish. Sprinkle Parmesan cheese on top, and dot with butter. Bake for approximately 1 1/2 hours, until bubbly. 5. Garnish with chives and scallions before serving.
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