[Destro]

Florida Statue 765.101

(10) "Life-prolonging procedure" means any medical procedure, treatment, or intervention, including artificially provided sustenance and hydration, which sustains, restores, or supplants a spontaneous vital function. The term does not include the administration of medication or performance of medical procedure, when such medication or procedure is deemed necessary to provide comfort care or to alleviate pain.

You are also incorrect - a guardian is appointed if no next of kin is available. MS has that right as the husband - he is the designated "proxy".

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:

(a) The judicially appointed guardian of the patient or the guardian advocate of the person having a developmental disability as defined in s. 393.063, who has been authorized to consent to medical treatment, if such guardian has previously been appointed; however, this paragraph shall not be construed to require such appointment before a treatment decision can be made under this subsection;

(b) The patient's spouse;

765.404 Persistent vegetative state.

For persons in a persistent vegetative state, as determined by the attending physician in accordance with currently accepted medical standards, who have no advance directive and for whom there is no evidence indicating what the person would have wanted under such conditions, and for whom, after a reasonably diligent inquiry, no family or friends are available or willing to serve as a proxy to make health care decisions for them, life-prolonging procedures may be withheld or withdrawn under the following conditions:

(1) The person has a judicially appointed guardian representing his or her best interest with authority to consent to medical treatment; and

(2) The guardian and the person's attending physician, in consultation with the medical ethics committee of the facility where the patient is located, conclude that the condition is permanent and that there is no reasonable medical probability for recovery and that withholding or withdrawing life-prolonging procedures is in the best interest of the patient. If there is no medical ethics committee at the facility, the facility must have an arrangement with the medical ethics committee of another facility or with a community-based ethics committee approved by the Florida Bio-ethics Network. The ethics committee shall review the case with the guardian, in consultation with the person's attending physician, to determine whether the condition is permanent and there is no reasonable medical probability for recovery. The individual committee members and the facility associated with an ethics committee shall not be held liable in any civil action related to the performance of any duties required in this subsection.

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You tell me how Greer ignored these statues? Looks liek he held them up to the letter.

[HiTech RedNeck]

If the law allows that then the law is an ass.

[txradioguy]

798.01. Living in open adultery

Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.

[nickcarraway]

I don't see anywhere in that law that says a judge can prevent a patient from eating. Judge Greer is not just having her feeding tube removed, he is not allowing her to be fed. Isn't that interesting. If she could only eat by feeding tube, it wouldn't matter, she would aspirate if she was fed. But he didn't do that, because she can eat on her won. What Florida statue allows a judge to prevent someone from eating?

If Judge Greer ruled that you not be barred from ever eating again, I suppose that would be legal.

[nickcarraway]

(1) The person has a judicially appointed guardian representing his or her best interest with authority to consent to medical treatment; and

How can you claim a husband, whose wife is in the way of his marriage to his new de facto wife and children, could impartially represent the best interest of his wife? Schiavo was in a position to financially and maritally benefit from his wife's death. There is no comparable legal situation where such a conflict of interest would be allowed to exist.

[nickcarraway]

I noticed how you dropped the states' rights claims. Because it's obviously bogus to claim a single judge represents the state more than the governor and legislature.

When there was a hurrican, and the president sent in the National Guard, was he invading the state of Florida and violating it's states' rights? I guess he was, if the governor doesn't have the authority to invite them in.

[jwpjr]

re: Looks liek he held them up to the letter

And that's what court after court, judge after judge has ruled on. But I don't see that what's happening now, even though it's correct to the letter of the law, that it serves the spirit of the law. No law is ever going to cover every possible situation and when the occasional unique situation comes along I would want the judge(s) to consider the spirit of the law. This has never been done in this case.

In my mind the parents dropped the ball when they failed to make an issue of the care he was dictating in his capacity as her guardian. The basis of the malpractice suit in which he prevailed was that she would require longterm rehabilitative care. In fact, the exact opposite was done. He gave specific orders that she was to receive absolutely no care that could be considered rehab. There is ample testimony that his actions as her guardian have been neglectful and abusive.

Terri is a Catholic. In the absence of clearly communicated directions from her if she were to be in her current condition I would expect the court to order treatment in accordance with the teachings of her faith. The Catholic church does not condone starving a person to death.

[M. Espinola]

Michael Schiavo & 'judge' Greer are being fully supported by the likes of the pro-death American Civil Liberties Union's Florida chapter. Do you feel when the ACLU promotes anything its in the best interest of this nation?

You do not question my the 'husband' is so determined to murder his wife? Why he has stated an autopsy is out of the question. Why does this thug demand cremation, case closed? Even after offered massive sums of money from various people around the nation, so he would simply transpire Terri into the protection of her family, he still refuses. Why?

Why does Schiavo want Terri dead as a door nail in the worst way? Maybe his death driven agenda is mandated to make damn sure Terri never speaks on what really brought on here 'heart attack', as such a young age.

Could it be this vicious animal beat her so severely the beating induced her unexplained 'brain damage' He knows it's Scott Peterson time if the truth is told.

Follow the money in the nazi like travesty of justice and you shall find the answers. Florida is notorious for crooks, payoffs and a corrupt 'justice' system, what better place for this nightmare and think, soon it will be hurricane season again. Was last year's multi-hurricane damage & loss of life just a small sample of what lies ahead for later on during 2005 in Florida? G-d just might be getting really fed up at this point.