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 shouldn’t 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, Florida’s contract law doesn’t 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 individual’s 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.