Living Wills - Surrogates

I continue to encourage people to get their living will done now while they are able to address the remote possibility of a catastrophic illness. It is important that you name a surrogate. More importantly, you must let the person you name as surrogate know that you named them and then get their confirmation that they can adhere to your wishes.

Do not name someone who CAN NOT agree with having life support withdrawn if you ever experience an end-stage condition or a permanent state of unconsciousness. Unfortunately, this has happened because either the person did not ask or confirm with their surrogate ahead of time. Listen and know that you are making the right decision with naming your surrogate.

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Living Wills: The Debate Continues

As healthcare reform bills continue through congress, we pause to again reflect on the controversy over Living Wills. As I stated yesterday, a Living Will does not address all health related matters. It provides everyone with an opportunity to address our preference regarding life support if we should ever be in an end-stage medical condition or a state of permanent unconsciousness.

I wanted to add today that a Living Will can be very complex or simple. If you want to provide specific details regarding your life support alternatives, you can do that. If you merely want to state that you do not want heroic efforst used if you are in an end of life state, you can do that as well. Most important, whether your Living Will is complex or simple, it should be explained and understood by the person you name in your Living Will as your surrogate. That will be the person to address your life support preference when you are unable.

A Living Will allows you to address end of life decisions and not leave it in the hands of others who do not know your wishes.

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Michael Jackson - Prince Michael II

I previously wrote regarding Michael Jackson's 2 children, Prince Michael and Paris. Today I provide my insight into the fate of his third child, Prince Michael II.

Prince Michael II's mother, based upon the accounts, was a surrogate and has had no relationship with Prince Michael II since his birth. The law around surrogates continues to involve. If the surrogate for Prince Michael II should interject herself in any proceedings regardingt the children, I am sure new law will be made. Once again Michael Jackson's will would be instructive regarding Prince Michael II. What was Michael Jackson's intent? Were there any other legally named guardian/s for Prince Michael since he only had a father? Is the surrogate the "legal" mother? What rights would Michael Jackson's mother have? Generally, grandparents' have limited rights as pertains to their grandchildren when "parents" are still available. But, does a surrogate relinquish parental rights?

Yes, these and many other questions will have to be answered. In my opinion, what would be in the best interest of the children at this time is to maintain as normal a situation as possible before any major change in their living arrangement is made. Their tragic loss has to be processed first before ALL the players start jockeying for them.

Tomorrow, I will look at what custody, guardianship, etc. of the children might actually mean for the person seeking them. Your comments welcomed. Contact us at http://www.ythlaw.com/