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To: Borges
If I'm not mistaken, the legal guardian has the right to cease all treatment to a person in this condition if the person is not capable of speaking for themselves.

That comment reflects a mistake. The legal guardian has a DUTY to carry out the patient's wishes. If the patient's wishes aren't known, a court finds the patient's wishes and charges the guardian with the duty.

23 posted on 03/25/2005 8:05:52 AM PST by Cboldt
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To: Cboldt

Fair enough. Based on all the heardings the Schindler's lawyers haven't been able to disprove the husband's assertion that he knew her wishes. The buren of proof is on them I think. Again I was hoping they would find some legal way to reverse this but it doesn't look like there is one.


24 posted on 03/25/2005 8:07:14 AM PST by Borges
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To: Cboldt; Borges
If the patient's wishes aren't known, a court finds the patient's wishes and charges the guardian with the duty.

If a patients wishes are not known, it is the family, not the courts, who decides what they think the person might have wanted. The only reason the courts are involved in this case at all is because Terri's legal guardian (like it or not), made a decision that other family members did not agree with. The courts in this case are being used to settle a family dispute.
136 posted on 03/25/2005 12:14:46 PM PST by teenyelliott (Soylent green is made of liberals...)
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