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To: MineralMan; AndrewC

Suggest you read this about Florida law on hearsay evidence -- which is the only evidence used to claim that Terri "didn't want to live like this", stated by her husband.




http://www.freerepublic.com/focus/f-news/1366225/posts?page=1402#1402


Florida law

90.802 Hearsay rule.--Except as provided by statute, hearsay evidence is inadmissible.

765.401 The proxy.--

(1) If an incapacitated or developmentally disabled patient has not executed an advance directive, or designated a
surrogate to execute an advance directive, or the designated or alternate surrogate is no longer available to
make health care decisions, health care decisions may be made for the patient by any of the following individuals, in
the following order of priority, if no individual in a prior class is reasonably available, willing, or competent
to act:


(3) Before exercising the incapacitated patient's rights to select or decline health care, the proxy must comply with
the provisions of ss. 765.205 and 765.305, except that a proxy's decision to withhold or withdraw life-prolonging
procedures must be supported by clear and convincing evidence that the decision would have been the one the
patient would have chosen had the patient been competent or, if there is no indication of what the
patient would have chosen, that the decision is in the
patient's best interest.

1,402 posted on 03/19/2005 9:16:05 PM PST by AndrewC


1,225 posted on 03/22/2005 12:33:38 PM PST by QQQQQ
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To: QQQQQ

Where is Section 2? What does it say?


1,243 posted on 03/22/2005 12:38:20 PM PST by MineralMan (godless atheist)
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