Terry Schiavo Executive Order

Governor's Office (email) | Oct 21, 2003 | Gov. Jeb Bush

[beckett]

The Governor has just sent this email to those who contacted him about Terry:

Thank you for writing to Governor Bush and expressing interest in the well-being of Terri Schindler-Schiavo. Attached please find a statement by Governor Bush relating to actions taken today by the Florida Legislature and the Governor.

Again, thank you for writing to Governor Bush.

FOR IMMEDIATE RELEASE
CONTACT: ALIA FARAJ
TUESDAY, OCTOBER 21, 2003
(850) 488-5394

Statement By: GOVERNOR JEB BUSH

Regarding Theresa Schiavo

TALLAHASSEE- "Like the tens of thousands of Floridians who have raised their voices in support of Terri Schiavo's right to live, I have been deeply moved by these tragic circumstances. I understand the limitations cited by the judges who have declined to hear the later stages of this case. However, any life or death decision should be made only after careful consideration of all related facts and conditions. For that reason, I appreciate the extraordinary action of the Legislature today, and will use the discretion they have granted regarding the restoration of nutrition and water to Terri Schiavo.

"The conflict among family members over the best interests of this young woman has made us all acutely aware that uncertainty in these situations can, and does, compound the tragedy. I hope all Floridians, and any others who have followed this case, will ensure their best interests are clearly documented in a living will or other directive to spare their families a similar anguish.

"My thoughts and prayers remain with Terri and those who love her."

# # #

STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NO. 03-201

WHEREAS, on October 21, 2003, the Florida Legislature passed House Bill 35-E (to be published as Public Law 03-418), signed this date by me, authorizing the Governor to issue a one-time stay in certain cases where, as of October 15, 2003, the action of withholding or withdrawing nutrition or hydration from a patient in a permanent vegetative state has already occurred and there is no written advance directive and a family member has challenged the withholding or withdrawing of nutrition and hydration; and

WHEREAS, under House Bill 35-E a person may not be held civilly liable and is not subject to regulatory or disciplinary sanctions for taking any action to comply with a stay issued by the Governor pursuant to House Bill 35-E; and

WHEREAS, in the case of Theresa Marie Schindler Schiavo, Robert Schindler and Mary Schindler, the parents of Theresa Marie Schindler Schiavo, have requested that the Governor enter a stay prohibiting further withholding or withdrawing of nutrition or hydration; and

WHEREAS, a court has found that Theresa Schiavo is in a persistent vegetative state as of October 15, 2003; and

WHEREAS, Theresa Schiavo had no written advance directive as of October 15, 2003; and

WHEREAS, nutrition and hydration have been withdrawn from Theresa Schiavo, and continues to be withheld as of October 15, 2003; and

WHEREAS, the Schindlers have challenged the withdrawal and withholding of nutrition and hydration as of October 15, 2003; and

WHEREAS, an immediate and urgent need has arisen to address the removal of nutrition or hydration, because death due to lack of nutrition and hydration is imminent;

NOW THEREFORE, I, JEB BUSH, Governor of the State of Florida, by the powers vested in me by the Constitution and laws of the State of Florida, specifically House Bill 35-E, do hereby promulgate the following Executive Order, effective immediately:

Section 1.

A. Effective immediately, continued withholding of nutrition and hydration from Theresa Schiavo is hereby stayed.

B. Effective immediately, all medical facilities and personnel providing medical care for Theresa Schiavo, and all those acting in concert or participation with them, are hereby directed to immediately provide nutrition and hydration to Theresa Schiavo by means of a gastronomy tube, or by any other method determined appropriate in the reasonable judgment of a licensed physician.

C. While this order is effective, no person shall interfere with the stay entered pursuant to this order.

D. This order shall be binding on all persons having notice of its provisions.

E. This order shall be effective until such time as the Governor revokes it.

F. The Florida Department of Law Enforcement shall serve a copy of this Executive Order upon the medical facility currently providing care for Theresa Schiavo.

IN TESTIMONY WHEREOF, I have hereunto set my hand and have caused the Great Seal of the State of Florida to be affixed this 21st day of October, 2003. _______________________________________

GOVERNOR

ATTEST: ________________________________

SECRETARY OF STATE

Celeste F. Lewis
Director
Office of Citizens' Services
Executive Office of the Governor
850/488-7146 (Phone)
850/487-0801 (Fax)

[BlueNgold]

This will end up in the Florida Supreme Court, and probably soon. At issue will be if the legislature has the authority to execute such a law. In the absence if direct exclusion based on protected rights the courts will be hard pressed to overturn this law, as the constitutional authority claimed by the legislature and governor is the kind of broad authority and range the liberals would expect to enjoy if they were in power. That however does not mean that the FLSC will not (once again) empower themselves to make sweeping legal arguments in writing incredibly narrow decisions that suit a particular political cause.

Again - pray for Terri's rapid response to therapy, as this fight is not yet over.

[Graymatter]

I wish some FL legal mind would jump in here. Does the guardian ad litem have the power to override the wishes of the legal guardian Michael Schiavo?

[HiTech RedNeck]

The Senate amended the law. The stay is indefinite.

[george wythe]

Any more hypotheticals?

Obviously, you are not answering my example that it is not quite hypothetical.

The person in question had a torn brain aneurysm blocking cerebrospinal fluid circulation, if I recall correctly. The person died because the courts sided with the spouse.

[Jeff Head]

IMHO, you are making straw man arguemnts that are extremely generalized in a situation where there were very specific issues that neghate those arguements.

If my spouse became captivated with dollar signs over my death, had moved in with and made babies with another individual while I lay in a disabled state, had not used the monies earmarked for my rehaibiltation appropriately, and was doing all in her power to see that I died...yes, I would hope and pray to God that my parents and friends would step in.

In such a case as this, the other spouse is the one who has already broken faith and treated the commitments not only frivoulously...but maliciously.

Thank God for the power of activism, for the power of prayer...and most importantly for the power of love...the love the parents have for their daughter which has stepped in when the love of the husband has so obviously failed.

Jeb Bush made good on this one...he deserves RICH and lasting credit for his leadership and actions IMHO. It will not be soon forgotten.

[Conservative til I die]

OK, I might be an idiot but 1) Did this amendment happen in the last couple hours and 2) Does that mean no matter what she won't be killed or just that no one no way and no how can pull her tube UNTIL the court finds one way or the other?

[fishbabe]

no it isn't...her hubby might still get his chance to kill her off so he can get his hands on the million dollars......

[sunryse]

>The Florida legisture passes a law about this, saying when >there is a family conflict, the governor has the right to >order liquid to be drained from patients with brain >injuries, in order to prevent an unnecessary death.
>Do you have a problem with such law?

If a person has specific wishes on how they wish to be handled when they are incapacitated, they should put it in writing. Otherwise, the docs should assume that person wants to live. Always give the benefit of the doubt in the case of life or death.

[supercat]

So you wouldn't want your husband to be guardian? If you don't trust him, why did you marry him? Are your commitments really taken so frivolously that we should expect your mommy and daddy to remain in the ball game for you?

When a marital relationship is good, spouses are appropriate guardians for each other. Marital relations can go bad, however, and in such cases spouses may cease to be appropriate guardians.

Michael and Felos convinced the Schindlers to agree that Michael was an appropriate guardian, by telling them that it would increase the malpractice award that could be won for Terri's care. The Schindlers didn't realize what Schiavo/Felos had in mind when they made that request.

Unfortunately, once guardianship is acceeded, it's very hard to challenge it. Had Felos not been allowed to fire Terri's guardian ad litem, that person could (and likely would) have filed for divorce. Unfortunately, since Judge Greer refused to appoint another guardian ad litem (required if there's any possible conflict of interest between spouse and ward) nobody could recognize Terri in court.

[EDINVA]

let's not forget the legislators ... like many FReeers, I wrote asking for their vote for this law .. the least we can do is write those who did vote for it to thank them. Does anyone have the list of the yes votes ?? Thanks.

[george wythe]

This is to allow the governor to step in on the side of survival if the adult's wishes are unclear (in a very specific context).

In my example, the adult's wishes were unclear.

The husband claimed that lady's interpretation of Christian Science would not allow a brain drain.

The parents claimed that the lady's interpretation of Christian Science would allow a brain drain.

[george wythe]

If a person has specific wishes on how they wish to be handled when they are incapacitated, they should put it in writing. Otherwise, the docs should assume that person wants to live. Always give the benefit of the doubt in the case of life or death.

Thank you for giving a straight answer to my question.

[HiTech RedNeck]

So the error if any ought to be on the side of preserving life.

[Dixielander]

"I guess this means the laws of the land and the judges who uphold the laws have just been told their voice and judgement mean nothing. Sorry Jeb you just lost my vote and my wife`s.

Obviously you don't realize that a lot of judges---too many of them--- are making laws rather than upholding them.

By the way, I don't think Jeb will need your vote after what he has done of behalf of Terri and her family. Moreover, with your attitude, he probably wouldn't want it anyway.

[Rome2000]

N Gannon-D
N Anderson-R
N Antone-D
N Gelber-D
N Gibson-D
N Ausley-D
N Prieguez-R
N Harper-D
N Bendross-Mindingall-D
N Richardson-D
N Jennings-D
N Ryan-D
N Joyner-D
N Bucher-D
N Seiler-D
N Kendrick-D
N Smith-D
N Sobel-D
N Machek-D
N Vana-D
N Wiles-D
N Wishner-D
N Zapata-R

[Lauren BaRecall]

"Can you imagine the good that could be done if our elected republicans had a spine more often?"

IMO, this is the quote of the millenia!

[patton]

B. Effective immediately, all medical facilities and personnel providing medical care for Theresa Schiavo, and all those acting in concert or participation with them, are hereby directed to immediately provide nutrition and hydration to Theresa Schiavo by means of a gastronomy tube, or by any other method determined appropriate in the reasonable judgment of a licensed physician.

Best news yet - they don't have to wait to intubate her. Ringers IV, statt.

[Graybeard58]

For people who believe in God:

...It's time now to start praying for Terri's complete recovery.
...If you are reading this as one of the people I addressed it to you know that it is possible. The doctors have said she won't ever be normal again.
...Doctors are great and there are many doctors who are God fearing and loving men and women of faith, they will be the first to say that anything is possible with God.
....Her utter and complete recovery would be wonderful for Terri and her family. In addition, what a powerful statement that would make for any future similar cases.
...We don't always get the answer from God that we want but we always get an answer. Sometimes the answer is no. God may have other plans for Terri. I do know one thing and that is we sometimes don't get God's blessings because we fail to ask.
...I won't reply to an atheist who answers this post. I learned real quickly that I am not going to convert an atheist to my beliefs over the internet and they will never convert me to their non belief. The best I can do is pray for their salvation. So if an atheist responds all they are going to get is to go straight on my prayer list like it or not.
...I am thankful to God that Terri is being allowed to live.
...Just my thoughts in the matter.

[supercat]

The person in question had a torn brain aneurysm blocking cerebrospinal fluid circulation, if I recall correctly. The person died because the courts sided with the spouse.

In other words, the person died of an accidentally-induced medical condition. Quite different from allowing a court to deliberately have someone killed.

To my mind, if civil courts are going to be allowed to order people deliberately killed, there needs to be some equivalent to the governor's pardon power over criminal courts. As for cases like you described, I would think it more appropriate to prevent judges from denying a guardian ad litem in cases where a possible conflict of interest exists, and perhaps appropriate to give the governor the power to order one appointed in case the judge refuses to do so.

[shhrubbery!]

The hospice is taking care of Schiavo at no charge.

I doubt that was out of altruism. The owner is a pro-euthanasia enthusiast, and so are the cronies of Judge Greer and attorney Felos who have a controlling interest in the hospice company, Suncoast.

They've probably thought Terri's case would be good publicity for them.

Funny how the tables have turned, now that the place has been exposed for what it is.