Posted on 11/05/2003 12:14:25 AM PST by sweetliberty
It's a joint effort, nic, each of us doing our small part for something that matters so much to all of us (even to those who don't realize that it matters so much).
A little birdie told me Michael was overheard saying, "No slam dunk for me!" :)
Co-sponsor of Terri's Bill in the House, Frank Attkisson, authored this article on the legal reasons for the need for intervention ofn Terri's behalf:
Law shouldnt be used to take away a life
As I see it By Frank Attkisson
Recently, the Florida Legislature became involved with the Terri Schiavo situation. Because of the significance of the case, and as a prime co-sponsor in the Florida House of the resulting bill, I want to share my view and reasoning for my support of the bill.
Initially, most would look at this as a judicial issue and feel that the Legislature should stay out of it. In this case, we must examine the laws that the courts have interpreted to see if we, as Floridians, truly want these laws controlling our families and individuals in the matter of death.
As I looked at the case I saw three troubling issues.
First, an individual having the responsibility for life or death decisions with regard to a family member must be unbiased and without conflict in the process. The allegation of money being left for the surviving spouse in this case shows a potential conflict of interest that should be removed.
Second, it is known that Mr. Schiavo has a fiancée who has been living with him for at least the last 6 years and who will soon bear a second child fathered by him.
What woman would want an individual making life or death decisions when they have to factor in their statutory responsibilities to other children they have fathered during the illness. This at least calls for an independent guardian ad litem to review the situation, which is what this legislation does. What woman would want an adulterous husband who has been living in this situation for the past 6 years making a life or death decision on her behalf? She is not capable of asking for a divorce, much less requesting another guardian.
Third, Floridas contract law doesnt allow verbal promises or intent to overcome specific wording of a contract or for an individual to make a verbal statement of his intent to leave assets to an individual; in this case, life is at stake instead of property and our statutes permit oral statements to determine whether someone lives or dies. Yet, in this case we allow a simple statement made following an emotional movie some 15 years ago to be a controlling factor of the individuals intent and the statement was not even mentioned in the previous law suit when he stated he would care for her until she dies.
Family members must be allowed to make personal decisions concerning their loved ones when their loved ones are not able to make the decisions on their own. We owe it to the individual to ensure that the decision maker is unbiased and free of conflict when he or she must make the call.
The facts raised enough questions that the Legislature felt compelled to act to make sure our most vulnerable citizens have every opportunity to live and have rehabilitation in the absence of a written advanced directive stating their wishes. The life God gives us is precious and governmental laws should never be used to take it in this situation.
Frank Attkisson, R-Kissimmee, is state representative for District 79, which covers portions of Okeechobeee, Orange and Osceola counties.
Actually, I find myself wondering if Felos is going to try to weasel out of his challenge against Bush. After all, Bush cannot, as governor of the state, simply subpoena people's medical records for the fun of it, but if Michael is suing him he'd be allowed to subpoena whatever records would be necessary to defend himself, right? Of course, if the chief executive happens to notice evidence of criminality in those records, he might feel duty-bound to pass it on to the Attourney General.
Third, Floridas contract law doesnt allow verbal promises or intent to overcome specific wording of a contract or for an individual to make a verbal statement of his intent to leave assets to an individual; in this case, life is at stake instead of property and our statutes permit oral statements to determine whether someone lives or dies. Yet, in this case we allow a simple statement made following an emotional movie some 15 years ago to be a controlling factor of the individuals intent and the statement was not even mentioned in the previous law suit when he stated he would care for her until she dies.
What a great article, msmagoo! Thanks for posting. It is always important to hear what the INTENT of the lawmakers was when the make law.
I went to bed at 4:00 this a.m. Think you'll be done by then? : )
And yes, it is a joint effort, but some people are able to do more than others....I wish I had more time.....one day.
That's IT in a nutshell - PRAY this comes to pass!
Well, sort of. He could allow the court to dismiss the original suit, not file a new one, and claim that the suit was dismissed not on its merits but because of the "good ol' boys club" down at the courthouse. Patently false, of course, but the media could still eat it up. He'd come out none the worse for having filed the suit.
Unfortunately, there'd still be the problem of his having taken $400K of Terri's money while working against her interests. If Michael/Felos lose guardianship of Terri, Felos' misconduct would be foced out in the open. And that would not leave him unscathed.
Guns, Linux and Liberty. ;c)
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