After Kasem was told he had Parkinson’s in 2007, he signed a document giving his oldest children authority to make his medical decisions if he should become unable to do so himself. The power of attorney statement signed by Kasem included a declaration that he did not want to be kept alive with “any form of life sustaining procedures, including nutrition and hydration” if it “would result in a mere biological existence, devoid of cognitive function, with no reasonable hope of normal functioning.”

This document, that cut Kasem’s second wife out of the process, was the underpinning for the recent legal battle as his health deteriorated and his children accused the stepmother of shutting them out of their father’s life. It served as the legal basis for his daughter to have doctors discontinue infusions of water, food and medicine.

Numerous court appearances by Kasem’s daughter and second wife, on a weekly and sometimes daily basis, were battles over the direction and control of his medical care. These battles demonstrated how emotional and bizarre a fight can get when end-of-life decisions are not properly documented and discussed with all members of the family.

Hopefully, we will never see a better (or worse) example of having the proper documents in order and the entire family on the same page. Contact your estate planning attorney today and make sure that you do not have this type of colossal feud because you did not plan and communicate.

For more information, please visit my estate planning website.

Philip J. Kavesh
Nationally recognized attorney helping clients with customized estate planning guidance for over 40 years.
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