by Bradley Parsons
Staff Writer
Attorney Barry Newman never saw the need for a living will until the Terri Schiavo case brought it into his living room.
But after weeks of watching as the Schiavo case has descended into a political and media circus, Newman drew up paperwork declaring in detail what kind of medical care he wants should he ever become incapacitated.
“I was the last one to think about a living will,” said Newman.
Newman’s not the only one suddenly coming to grips with the idea. Living wills are the talk of the legal community, both among clients and lawyers. A recent surge in interest convinced Jacksonville Area Legal Aid to put a direct link to a printable version of the document on their website’s home page.
The link has received numerous since it went up last week and receptionists report daily phone calls from people hoping to escape the fate of Schiavo, the brain-damaged Florida woman whose fate became a political volleyball, batted back and forth among state and federal legislatures, courts and executive offices before she died Thursday.
“Putting politics aside, I think we can all agree that’s not how we would want these decisions to be made,” said Newman. “A living will puts you in control so you’re making the decisions instead of someone else.”
Those considering a living will face three major decisions, said Newman. The first is deciding whether to draw up the document. Next, they need to decide on a trigger. Under what conditions should medical care and food be cut off? Finally, and maybe most importantly, a custodian for the document must be chosen.
This proxy is responsible for keeping the document and making sure its provisions are followed. Choosing a proxy should be a selective process, said Newman. They are being entrusted with a life-or-death process.
Singling out an administrator for a living will help avoid Schiavo’s situation, where two sides of the family both claimed the right to determine her fate. Her parents wanted her kept alive through a feeding tube, while her husband said Schiavo wouldn’t have wanted to be kept alive artificially.
Newman suggests keeping several copies of a living will and having each notarized. The proxy should be entrusted with the original.
“The more formal the better,” he said. “The last thing you want is someone coming in and arguing that the document isn’t official.”
Creating a living will isn’t complicated. It’s far simpler than drawing up a traditional will, said JALA Executive Director Michael Figgins.
“It’s significantly less complicated,” said Figgins. “You don’t have to worry about your assets or who gets what.”
In addition to making the paperwork available on its website, www.jaxlegalaid.org, JALA will be as responsive as possible to those who have questions about the process, said Figgins.
“We’ve had a lot of calls about this and we put the document on the website in anticipation of increased interest with all the press attention,” said Figgins. “But we’re poised to do more if there’s demand for it.”
Living wills aren’t usually a part of Newman’s caseload, but he and his firm, Spohrer, Wilner, Maxwell and Matthews are offering to help Jacksonville Sheriff’s officers and fire and rescue workers put together the paperwork for free. As a 15-year veteran of the JSO’s reserve force, Newman has seen the daily danger faced by Jacksonville’s emergency responders.
“They have a job that puts them at peril every day,” said Newman. “We’re trying to do something to pay them back for the sacrifices and the risks they take.”
One officer has already taken Newman up on the offer. Officer James Brunet, a long-time friend of Newman’s, asked for help drawing up a living will after a near-death experience.
Brunet was patrolling the St. Johns River prior to the Super Bowl when his boat collided with a bridge piling, knocking him into a three-day coma.
“He hadn’t thought about it before, but he said he started thinking about what would have happened if he hadn’t woken up,” said Newman.
JSO officers and Jacksonville Fire and Rescue emergency responders can make appointments with Spohrer Wilner by calling 354-8310.