I recently tried a Guardianship case that many people saw in the media. The case pitted two brothers against each other fighting over what was best for Mom while Mom was in the hospital being kept alive by life support. At my request the Judge issued a Gag Order. No one is allowed to talk about the case, and the record has been sealed.
The Matter, however, reiterated the importance of Advanced Care Directives and telling your family what your intentions are. Notwithstanding having a Living Will hospitals do not always follow your directive if there is a dispute between caregivers.
When the issue moves to Court, the Court will attempt to determine your intentions. By having shared this information with family and friends it is much easier for the Court to follow your intentions when it becomes evident what those intentions are.
Michael Zapson is a Partner at Certilman Balin and his varied practice encompasses estate planning and estate litigation, as well as real estate and zoning and commercial litigation.