The court, in 1997 when Michael announced he was'engaged' should have immediately conducted a guardianship hearing and transfered Terri to State guardianship. Because of this failure, we are in the present situation.
Questions to consider:
(1) Why did Michael choose to 'ignore' her wishes for nearly 7 years until 1997 when he announced he was'engaged' to Jodi Centonze and 'suddenly' remembered the conversation about life support with Terri from years before?
Michael Schiavo answer would probably rationalize that it took that long before he realized there was 'no hope for recovery...'
(2) However, the 1992 malpractice suit for $20 million was based on the premise/conclusion that Terri would NOT recover and she would require constant medical care for the remainder of her life estimated by Michael Shiavo and his laywers to be 51 years(which is the normal life expectancey)...Where were her WISHES at that time?
(3) The court, in 1997 when Michael announced he was'engaged' should have immediately conducted a guardianship hearing and transfered Terri to State guardianship, at a minimum because of the obvious conflict of interest on the part of Michael Shiavo.
The court system failed to act at that point, and that is a major factor on why we are at the point we are today.
Guardianship, by law and practice, is determined to be given to that person who is most heavily 'biased' in favor of the disabled person. Under most conditions this would be the spouse. However, most prudent courts, if during the guardianship period, the appointed guardian by circumstances or accident tilts the 'bias' away from the interest of the person so guarded, would conduct an immediate review, and at a minimum, transfer guardianship to the appropriate State agency.
An additional thought, as I presented it to my class at the university yesterday and I posed the question to the students:
If Terri Schiavo's medical condition, feeding tube et al, was exactly the same as it is, age 25, etc. with the single exception that she was not 'mentally' disabled but had all other functions; and she expressed a desire to have the feeding tube removed and wanted to die, what would we do?
Of course the answer is clear, she would not be allowed to make that 'choice' and would be sent for counselling, etc.
Van & Katherine Jenerette
North Myrtle Beach, SC Professor, Political Science, SCC Associate, Sociology, Coastal Carolina University, South Carolina
Good post. I too pray for Jeb Bush. This could bring on the political death of Gov. Bush. I and I think many others would find it hard to vote for him if he lets this one slide. More and more I see the political fight as one of the "Right" and the wrong. The secular culture is racing toward extreme evil. At what point will be any different than the NAZI's. It is hard to tell these days.
Does Greer have the authority to pardon those who are killing Terri? From a legal point of view, what prevents the county or state from prosecuting hospice workers for murdering Terri? And Mike and Greer for conspiracy to commit murder?
ATTENTION ALL FREEPERS
This just in from theSarce a H.O.T. chapter freeper.
PING ALL YOUR LISTS.
TheSarce headed for Florida and is at the Governors office and Mansion.
50 people gathered for a vigil @ the Governor's mansion in Tallahassie last night.
Governor Phones didn't stop ringing yesterday. Thank you.
BUT
Call Governor now. Fax now.
Calls have slowed down for Good Friday
But office is open till 5pm they need to hear from you all day.
Phone
850-488-4441
fax 850-487-0801
Tell Gov. Jeb Bush to rescue Terri Schiavo.
AND THIS ADDED BY THE BAT LADY
I got thru on this one
1-850-487-1111 but I think it was not the Gov. office. Family care, maybe?
The 14th amendment to the Constitution was ratified 7/9/1868
It Says.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of LIFE, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.