As the recent case involving Terry Schiavo demonstrated, making health care choices for someone else can be a painful and controversial process.

Ms Schiavo's situation, and others like it, would be easier for family members to deal with if they knew the wishes of the patient herself.

It is for that reason that the Living Will has increased in popularity. A Living Will is a legal document that allows a person to make their health care choices known in advance of an incurable or irreversible mental or physical condition that leaves them with no reasonable hope of recovery.

Such a document, by conferring on others the authority to make health care decisions on your behalf, may help your loved ones make difficult decisions with less pain, doubt, and anxiety. If you are thinking of making a Living Will or you have already signed one, you should be aware that just having done so does not ensure that your wishes will be understood and acted upon.

Choosing an appropriate person to speak for you in a medical crisis is crucial. It is important that you engage in thoughtful discussion with your likely decision-maker(s) before a crisis occurs so that they are familiar with your affairs and understand what is important to you.

That person must be of legal age, competent to make decisions and willing to speak on your behalf. Ideally, the person will live close by, and be likely to outlive you.

They should also be strong enough to handle conflicting opinions between family members, friends, and medical personnel.

You may wish to give your decision-maker the broadest authority possible to make all health care decisions when you are no longer able, including those about the use of life-sustaining treatments such as artificial nutrition and hydration or life-prolonging procedures such as life support systems.

If you do not wish to give such broad authority, think about what limitations you would impose.

Even after the death of a loved one, family and friends are often left with some tough decisions. You can also help to ease their pain and anxiety by making your wishes about burial and organ donations clear.

Advance planning for health care is always a work in progress. That is because circumstances, and one's values and priorities, can change.

Remember that you can always amend your directive if your original Living Will no longer reflects your current wishes. Remember also that a Living Will must comply with the laws of the country in which medical treatment is being sought.

A Living Will is not legally binding in Bermuda, or in the United Kingdom, however, it may be evidence of a patient's consent or non-consent to certain medical treatment.

On the other hand, Living Wills (or like documents) are recognised in the United States and Canada, but each state or province has its own rules and regulations governing them. You should, therefore, seek the assistance of a lawyer who is competent in preparing such documents.

Attorney Maxine Binns is a member of the Trust team of Appleby Spurling Hunter. Copies of Mrs. Binns' columns can be obtained on the Appleby Spurling Hunter web site at www.applebyglobal.com.

This column should not be used as a substitute for professional legal advice. Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.