[Diamond]

a health care surrogate designated by the patient

The key phrase here is "DESIGNATED BY THE PATIENT". Tell us, please; when did Shiavo first suddenly 'remember' that his wife had made such a 'designation'? What does the public record show?

Cordially,

[AbsoluteJustice]

Once you are married and the Government/courts cannot assess the wishes of the patient then it defaults to the husband/wife whichever the case.