Larry Gude said:
And Ken, Mr. Process, a guy I'd want as my lawyer, advocating tossing out every ruling and appeal in the whole case because Michael moved on with his life. I think Ken sees a disloyalty here on the part of Schiavo he will not tolerate.
Larry,
Yes I advocate tossing out the rulings made and here is my reasoning.
The husband, Michael, has accepted his position as her guardian within the structure of the law. By nature and Florida law, the guardian is supposed to act in her best interest to maintain or improve her life, not end it. By acting in a way that can result in injury or death he is violating his role as the guardian and his actions meet the definition for neglect within the code, which should result in his removal from that role.
The right to refuse medical treatment is predicated upon an advance directive necessary to clearly communicate the patients desire to not have life-extending measures taken to keep them hanging on artificially. In this case there was none and those rulings have made a presumption to know what Terri wanted and have no basis in fact.
Michael claims that his wife indicated to him that she would not want to be kept in the position she finds herself in yet he allowed for that exact condition to be maintained for over 7 years before seeking to start her termination. As such he either had a memory lapse and finally recalled this tidbit of information or she was able at some point to communicate this to him. His changes of actions indicate that the presumption delivered in the rulings of the court is not consistent with those actions over the years.
In my mind Michael’s options are that he maintain her as she was, help her get better, or relinquish his guardianship to some other accepting entity. At the three-year point he had the ability to dissolve his marriage and move on. He chose a different route and now as he moves on creating a new family and life for himself he wants to end Terri’s life. I won’t speculate as to his motives but based on his previous actions it isn’t to see that her wishes are carried out if in fact she indicated to him what those wishes were.
Sadly, Florida has no “right to die” like the majority of the states in our union. As such, and without the advance directive concerning medical treatment, Terri should be maintained and cared for in a manner to achieve whatever is possible for her. I find it awkward that we don’t care enough about the pain and suffering many go through to allow for a quick and merciful ending for them. But since we don’t lawfully provide for this shouldn’t we adhere to the laws already in place versus allowing for a judicial decision to what certainly is a legislative problem that needs dealing with?