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To: Destro
The Schindlers lost their case and their cause — and soon probably their daughter — because in the end they were making claims the legal system has never been able or willing to recognize.

I may not agree with the author's explanation of his statement, but IMO, this is the essence of the enormous battle the Schindlers---and perhaps thousands more in their situation---face.

The laws must define new parameters in right to live/die cases where there is no WRITTEN "living will". For instance:

1.--The patient must have separate legal representation to protect his or her right to due process; 2. --The definitions of "terminal" and "disabled" must be unbound and the disabled individual must be afforded all protections under the Americans with Disabilities Act; and 3.--The law must allow for guardianship by an individual other than spouse, or even family, if someone capable of accepting the responsibility petitions the court.

Hopefully, energy and passion can be challenged to preventing a situation like this in the future.

242 posted on 03/26/2005 4:33:17 AM PST by Right_in_Virginia
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To: Right_in_Virginia

sober statement.


246 posted on 03/26/2005 4:37:55 AM PST by Destro (Know your enemy! Help fight Islamic terrorism by visiting johnathangaltfilms.com and jihadwatch.org)
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To: Right_in_Virginia

Whoopps... can't find dad's living will where he said he wanted to live. Pull the plug on the old buzzard so we can divide up his property, get on to his will


253 posted on 03/26/2005 4:41:36 AM PST by dennisw ("What is Man that thou art mindful of him")
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To: Right_in_Virginia

This case stands for the proposition that there is no protection in the law, for incapacitated people. The meaning of words changes over time. Men's hearts have been hardend. Life is no longer viewed, by the law, as a sacred gift.


258 posted on 03/26/2005 4:43:58 AM PST by Cboldt
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