Estate Planning News

Living-Wills Legislation Gains Broad Support

WASHINGTON - There's growing support among Democrats and Republicans in Congress, and key advocacy groups, including the AMA, to pass legislation to make it easier for Americans to get and fill out advance directives.

Given recent tragic events and a study showing that only one in five Americans have living wills, Senators Bill Nelson (D-FL) and Hillary Rodham Clinton (D-NY) today called upon their colleagues to act on Nelson's Senate measure. And Representative Sander Levin (D-MI) announced plans to introduce a companion bill in the House.

"If there is a lesson to be learned from the tragic events of the past few weeks, it is the importance of having a living will," said Clinton, at a Capitol Hill news conference with Nelson and other lawmakers. "It's not an easy thing to confront one's own mortality, but it's essential that people face these issues now so that their loved ones have a clear understanding of their wishes. A living will gives voice to the will of a loved one."

"This legislation is an important next step to ensure that a person's advance directive is known and respected," said Levin, who coauthored a law in 1990 requiring hospitals and others to inform patients about living wills. "It has become increasingly clear that the public needs and wants more information in order to make their own personal decision about end-of-life care."

Nelson's legislation would cover a doctor visit for Medicare beneficiaries to discuss end-of-life medical preferences. It also would fund a public-education campaign under the Department of Health and Human Services to increase awareness of living wills among Americans of all ages.

"Although Terri Schiavo wasn't able to speak, she was able to educate an entire nation about the need to spell out their wishes in a living will," Nelson said. "Congress should make it easier for all Americans to complete this important document."

In addition to Senators Nelson and Clinton, Senators Dick Lugar (R-IN), Jay Rockefeller (D-WV), Jeff Bingaman (D-NM), Tim Johnson (D-SD) and Susan Collins (R-ME) are co-sponsoring the bill. Representatives Vic Snyder (D-AR) and Benjamin Cardin (D-MD) are joining Levin's effort in the House.

"Though it is a difficult subject for both you and your family, it is necessary to discuss end-of-life decisions," said Snyder, a family physician. "With the right information and guidelines, creating advance directives now can help you, your family, and your doctor in the future."

Contact our Delaware estate planning attorney now.

	Did You Know?
	The costs and expenses of a conservatorship are paid by your estate A CONSERVATORSHIP is if you suffer from an incurable disease or are involved in a debilitating accident and are unable to manage your own affairs, state law might require someone to go to court to have a conservator appointed by the court. The conservator is given the authority to make financial decisions and handle your financial affairs, under court supervision, when you lack the capacity to manage them on your own.