Terry Schiavo Executive Order

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

[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.