Point one is that Michael Schiavo has no authority whatsoever to act against the order of the Guardianship Court that Terri's feeding tube should be withdrawn. The Court was effectively acting ad litem when it determined Terri's wishes and best interests, and Michael Schiavo could refuse to act has her guardian tomorrow but it wouldn't change either the Guardianship Court order or the rulings of the appeal courts which upheld that order.
There are many other threads on this board which link to the court documents which have accumulated over the many years this particular case has been before the courts which detail the medical findings which have been presented by both by the doctors engaged by the parties to the dispute and also the doctors engaged directly by the court.
There has been no divorce, but nor is Michael Schiavo's status as guardian dependent upon his continued marriage to Terri, and nor would his divorcing her change the ruling of the Guardianship Court. The reason why the Guardianship Court would not appoint Terri's parents as guardians if Michael Schiavo dropped dead tomorrow is because guardians are legally bound to act in accordance with the wishes and best interests of the incapacitated person and the Court has already determined that what Terri's parents want for Terri is in direct conflict with Terri's previously expressed wishes.
And yes, one has to wonder why if the "general concept" of withdrawing supportive care was so abborhent to the people of Bush's state, the legislature did not debate and pass laws about this issue during the many years this case has been before the court. There has been ample time for the general issue to be debated by and decided upon by the legislature during this time.
There are many other threads on this board which link to the court documents which have accumulated over the many years this particular case has been before the courts which detail the medical findings which have been presented by both by the doctors engaged by the parties to the dispute and also the doctors engaged directly by the court.
There has been no divorce, but nor is Michael Schiavo's status as guardian dependent upon his continued marriage to Terri, and nor would his divorcing her change the ruling of the Guardianship Court. The reason why the Guardianship Court would not appoint Terri's parents as guardians if Michael Schiavo dropped dead tomorrow is because guardians are legally bound to act in accordance with the wishes and best interests of the incapacitated person and the Court has already determined that what Terri's parents want for Terri is in direct conflict with Terri's previously expressed wishes.
And yes, one has to wonder why if the "general concept" of withdrawing supportive care was so abborhent to the people of Bush's state, the legislature did not debate and pass laws about this issue during the many years this case has been before the court. There has been ample time for the general issue to be debated by and decided upon by the legislature during this time.
