I thought of making a smart alec remark but I thought better of it.
The fact is we need to stop judges from randomizing the laws. One judge says X the other judge says Y.
The law does allow a judge to deny food WHEN THE PERSON EXECUTES A VALID ADVANCED DIRECTIVE. The problem in this case was that there was no standing for parents to contest on equal footing to the legal husband. The judge had the discretion to use extrinsic evidence to create an advance directive.
The Attorney Ad litem laws need to be empowered too. (there should be better training for them)
It was a horrible and tradgic case that should have had different conclusions. That muche we can agree. However we need to not loose sight of the fact we have more we need to do.
We can just "take judicial discretion" away. We have to write the law to prevent judges from declaring the rewrites unconstitutional.
Could you show the us the ADVANCED DIRECTIVE in Terri's case?
I like your way of putting it. Yes, Judge Greer "created" Terri's "advance" directive for her from flimsy, stale, unsupported and highly suspicious "evidence" provided by Michael's brother and sister-in-law. Btw, Scott and Joan Schiavo admitted that their dusty recollections from ten years or more earlier came back to them after meeting privately with Michael's attorney, George Felos. Far be it from me to suggest that the testimony was rigged, but we can at least observe that all evidence from all other sources except three people named Schiavo was discarded by Judge Greer.
I say "stale" because the law was changed after Terri's injury. It was impossible for her to give informed consent. Impossible!
>> The Attorney Ad litem laws need to be empowered too.
Are you referring to guardian ad litem? Judge Greer ignored the existing laws. For most of the case he made himself Terri's G.A.L., which is not permitted unless he were a close relative of the ward. He did not have the ward's interest at heart and would not even visit her and try to ascertain her needs for himself. He fired the one G.A.L. (Pearse) who tried to represent Terri, which is the statutory duty and the whole purpose of a guardian ad litem.
Net: Terri never had legal representation.
Greer was literally judge, jury and executioner.