Brain-Damaged Woman Won't Get Guardian

Yahoo ^ | 01/09/04 | Associated Press

[Micavaga]

CLEARWATER, Fla. - A judge on Friday rejected Gov. Jeb Bush's request that an independent guardian continue working in the interests of a severely brain-damaged woman at the center of a right-to-die case.

Chief Judge David Demers ruled that he would not reappoint a guardian to the case, citing pending litigation over the constitutionality of the law that called for the guardian for Terri Schiavo.

"Terri Schiavo yet again has been denied an independent voice in the proceedings that may very well determine the outcome of her life," the governor's office said in a statement.

Florida courts repeatedly have said Michael Schiavo, Terri Schiavo's legal guardian, has the right to remove the feeding tube that has kept her alive. Her parents want to keep her alive and see if she will respond to therapy, and dispute her husband's contention that she had said she didn't want to be kept alive artificially.

The tube was removed for six days in October until the Legislature and the governor stepped in to have the tube reinserted and an independent guardian appointed for her.

The guardian, Jay Wolfson, issued a report that recommended further tests, but did not take a side in the controversy of whether Terri Schiavo wanted to be kept alive artificially. Wolfson was dismissed once the report was issued.

Pat Anderson, a lawyer for Terri Schiavo's parents, questioned Friday's ruling. Her parents have argued that their daughter deserved to have an independent guardian, saying her husband has a conflict of interest because he is engaged to another woman and they have children together.

Michael Schiavo denies a conflict of interest and says he is just carrying out his 40-year-old wife's wishes.

Terri Schiavo collapsed in 1990 at age 26 when her heart stopped from what doctors believe was a chemical imbalance.

[cyn]

Hi, fv -- you have a unique style in your posts, lol. This comment is so right on I submitted it to RJayneJ for 'best comment' consideration. You da freeper! Here's your birthday gif -- lol!

Thanks, RJayne!

Thanks, kayak, lol -- for the partying M&M's!!

[tutstar]

SEn. Wise has already proposed a bill which would prohibit removing feeding tubes from mentally incapacitated persons who have no written directive. SEN KING is the problem, he won't allow any bill to the floor which 'would affect his legacy'. We need to be mailing and calling again!

[FR_addict]

There's some information on other state initiatives to pass new laws on Terri's daily thread.

on Posts 542 - 545

Terri's Fight - (Daily Thread/Updates)
http://www.freerepublic.com/focus/f-news/1034124/posts?q=1&&page=545#545


House Bill 1132 - Georgia
This is being sponsored by Chip Rogers.

http://www.11alive.com/news/news_article.aspx?storyid=41565

This is great!

Maybe we can get different states to sponsor laws protecting the disabled in cases like Terri's.

From the link above provided by phenn:

"The case inspired a Georgia representative, Chip Rogers, to take a second look at living will laws here. Rogers introduced a bill Wednesday to update the law so that it would be illegal to deny food or water to a disabled person who didn't specifically request not to be kept alive by artificial means."

"There should be a presumption that you do not wish to be starved or dehydrated to death," said Rogers, R-Woodstock.

If Rogers' bill were law, judges and even family members would not be allowed to decide to let a person perish. If a person had never signed a waiver authorizing the withholding of food or water, and then later required artificial feeding, that person could never be taken off life support.

The bill now heads to a House committee for consideration.

[floriduh voter]

Senator Lee is the new Senate President. He's pro-Terri. I don't believe Sen. Jim King has that kind of authority any more. Visit myflorida.com and look for the legislature. This just happened, quietly. I watched Lee take over on late night cable access.

[floriduh voter]

Senator Lee doesn't take over until Fall of 2004. IMO, we should write all the legislators because Jim King's apparently being a jerk. You're right. I saw the ceremony but it was only a ceremony, not a changing of the guard. floriduh voter

December, 10, 2003 sptimes.com When he addressed his Senate colleagues, Lee spoke mostly of his family and promised to respect the ideas of everyone, even Democrats who often feel powerless in the Republican-controlled Legislature.

"This is a bipartisan Senate," Lee said. Bush sat in the Senate chamber during the ceremony and later said he anticipated a good relationship with Lee and his House counterpart, Rep. Allan Bense, R-Panama City. Bush pointed out that Bense sat next to Lee during the ceremony.

"Tom Lee is going to be a good Senate president to work with. He's a fine leader," Bush said.

Senate President Jim King, R-Jacksonville, joked with Lee, reminding him he didn't take over for another year.

It will be "a year from now, and I emphasize a year from now, when you grab the gavel from my still struggling hands," King said.

King defeated Lee two years ago as they vied to become Senate president, but they remained close. King kept Lee in his leadership circle.

Lee will be the first president from Hillsborough to preside over a Senate session since Patrick C. Whitaker in 1931. Louis de la Parte was named Senate president in July 1974 but, because of redistricting problems, never presided over a session.

TAKE NOTE OF JIM KING'S REMARKS. He says that he's struggling, (but nowhere near the struggle Terri endured TWICE when they tried to starve her to death.) Jim King doesn't know what a real "struggle" is.

[gww1210]

Thx for the support - it is November, and I just now sense visits to my site from your post - Actually, in my recent court filings, I forgot 825.103, the statute related to the felony misappropriation of ward's funds, when the amount is more than $100,000.oo, but I fixed that in recent court pleadings.

Please pray that I get a fair day in court, or the efforts' result will have to roll over until Heaven, and Heaven knows we need some of the blessings down here.

The legal quandry is this: If God saves Terri right now, it wouldn't be fair to all the other truely pro-life countries, like Germany, which now-days has outlawed abortion, and they would cry foul and demand to know why backslidden America has gotten blessed when we haven't done our part to save Terri - where's the outcry? With only like several thousand phone calls to the capitol, where are the other millions that were silent?!

However, on the other hand, if God doesn't save Terri, that would certainly be unjust and unfair for her, because, while she is a human who has sinned, she is a victim, and has, generally NOT done anything to justify Mike Schiavo and crew to deprive her of the protections afforded her under the state and federal laws and constitutions -that is, illegal things ARE happening, and the misappropriation of funds is mickey mouse to the felony abuse violations under her sister statute, 825.102(3), but who really cares if the courts and hospices allow them to exceed the feeding tube ruling and (illegally) also deny food and therapy, huh?

Nah, not important, and I guess you don't mind being a victim either huh?

Maybe I'd better go back to sleep, while the z's are good.

[floriduh voter]

hi, flash.

[Tribune7]

Something like 19 judges and 7 courts have reviewed the Schiavo case. I have to say that she's probably received more due process than 99.99% of the people that ever step in a court house...

OTOH, the will of the people as reflected in their elected representatives -- the legislature and governor -- don't want the tubes pulled.

Terri's view? Nothing on record, just her the word of her husband who has already moved in and fathered children with another woman.

Something stinks.

The decent thing to do is to give custody to her parents.

[beezdotcom]

I don't know if it's the one you're thinking of, but in Austin Powers 2, Austin says this to one of his would-be assassins as they continue to survive mortal blow after mortal blow.