Posted on 10/21/2003 4:32:56 PM PDT by beckett
The Governor has just sent this email to those who contacted him about Terry:
Thank you for writing to Governor Bush and expressing interest in the well-being of Terri Schindler-Schiavo. Attached please find a statement by Governor Bush relating to actions taken today by the Florida Legislature and the Governor.
Again, thank you for writing to Governor Bush.
FOR IMMEDIATE RELEASE
CONTACT: ALIA FARAJ
TUESDAY, OCTOBER 21, 2003
(850) 488-5394
Statement By: GOVERNOR JEB BUSH
Regarding Theresa Schiavo
TALLAHASSEE- "Like the tens of thousands of Floridians who have raised their voices in support of Terri Schiavo's right to live, I have been deeply moved by these tragic circumstances. I understand the limitations cited by the judges who have declined to hear the later stages of this case. However, any life or death decision should be made only after careful consideration of all related facts and conditions. For that reason, I appreciate the extraordinary action of the Legislature today, and will use the discretion they have granted regarding the restoration of nutrition and water to Terri Schiavo.
"The conflict among family members over the best interests of this young woman has made us all acutely aware that uncertainty in these situations can, and does, compound the tragedy. I hope all Floridians, and any others who have followed this case, will ensure their best interests are clearly documented in a living will or other directive to spare their families a similar anguish.
"My thoughts and prayers remain with Terri and those who love her."
# # #
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NO. 03-201
WHEREAS, on October 21, 2003, the Florida Legislature passed House Bill 35-E (to be published as Public Law 03-418), signed this date by me, authorizing the Governor to issue a one-time stay in certain cases where, as of October 15, 2003, the action of withholding or withdrawing nutrition or hydration from a patient in a permanent vegetative state has already occurred and there is no written advance directive and a family member has challenged the withholding or withdrawing of nutrition and hydration; and
WHEREAS, under House Bill 35-E a person may not be held civilly liable and is not subject to regulatory or disciplinary sanctions for taking any action to comply with a stay issued by the Governor pursuant to House Bill 35-E; and
WHEREAS, in the case of Theresa Marie Schindler Schiavo, Robert Schindler and Mary Schindler, the parents of Theresa Marie Schindler Schiavo, have requested that the Governor enter a stay prohibiting further withholding or withdrawing of nutrition or hydration; and
WHEREAS, a court has found that Theresa Schiavo is in a persistent vegetative state as of October 15, 2003; and
WHEREAS, Theresa Schiavo had no written advance directive as of October 15, 2003; and
WHEREAS, nutrition and hydration have been withdrawn from Theresa Schiavo, and continues to be withheld as of October 15, 2003; and
WHEREAS, the Schindlers have challenged the withdrawal and withholding of nutrition and hydration as of October 15, 2003; and
WHEREAS, an immediate and urgent need has arisen to address the removal of nutrition or hydration, because death due to lack of nutrition and hydration is imminent;
NOW THEREFORE, I, JEB BUSH, Governor of the State of Florida, by the powers vested in me by the Constitution and laws of the State of Florida, specifically House Bill 35-E, do hereby promulgate the following Executive Order, effective immediately:
Section 1.
A. Effective immediately, continued withholding of nutrition and hydration from Theresa Schiavo is hereby stayed.
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.
C. While this order is effective, no person shall interfere with the stay entered pursuant to this order.
D. This order shall be binding on all persons having notice of its provisions.
E. This order shall be effective until such time as the Governor revokes it.
F. The Florida Department of Law Enforcement shall serve a copy of this Executive Order upon the medical facility currently providing care for Theresa Schiavo.
IN TESTIMONY WHEREOF, I have hereunto set my hand and have caused the Great Seal of the State of Florida to be affixed this 21st day of October, 2003. _______________________________________
GOVERNOR
ATTEST: ________________________________
SECRETARY OF STATE
Celeste F. Lewis
Director
Office of Citizens' Services
Executive Office of the Governor
850/488-7146 (Phone)
850/487-0801 (Fax)
Again - pray for Terri's rapid response to therapy, as this fight is not yet over.
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.
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.
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.
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.
Thank you for giving a straight answer to my question.
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.
IMO, this is the quote of the millenia!
Best news yet - they don't have to wait to intubate her. Ringers IV, statt.
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.
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.
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