Terry Shiavo Poll

[Beet]

Who cares? IMHO, this is a private matter for the family and preferably the least amount of government/public intervention as possible.

[Beet]

I'm uncomfortable with this case as a whole, but the bombardment is inevitable, and it seems completely wrong to let her die at this point. I would side with the protestors here. I do not believe it can be said with reasonable certainty that she is not experiencing anything. In this case, the GOP Congress is actually doing the right thing, though it may be political. Given that, the behavior of the courts is up to Ford and JJ to try and explain. But even more inexplicable is public opinion here. I don't see how the public can be "conservative" enough on so many other issues but not this one. It seems that the politics of convenience has permeated too much of our society.

[Beet]

I'm uncomfortable with this case as a whole, but the bombardment is inevitable, and it seems completely wrong to let her die at this point. I would side with the protestors here. I do not believe it can be said with reasonable certainty that she is not experiencing anything. In this case, the GOP Congress is actually doing the right thing, though it may be political. Given that, the behavior of the courts is up to Ford and JJ to try and explain. But even more inexplicable is public opinion here. I don't see how the public can be "conservative" enough on so many other issues but not this one. It seems that the politics of convenience has permeated too much of our society.

The question is not and should not be is Mrs. Schiavo experiencing anything.  That's a complete red herring.

I thing most sides argree that Mrs. Schiavo is not, at this point, a compentent adult; this is why both sides want a guardian appointed; both sides agree that she is brain damaged and cannot make the decision herself.  The question is, in this condition, did Mrs. Schiavo, when she was competent, wish to kept on a feeding tube, in this condition?  That is the sole question.

Many people say that, even though they might be aware, they would not want treatment in certain circumstances.  Awareness has nothing to do with it.

We have no way of knowing what she wants though. She could not really have known 15+ years ago what it would be like now (given that it is like something), so its hard to hold someone to what they said then. If the person is currently aware and denying treatment, then that is akin to euthanasia in my view, which is something else altogteher. But this is not even that...

[Beet]

We have no way of knowing what she wants though. She could not really have known 15+ years ago what it would be like now (given that it is like something), so its hard to hold someone to what they said then. If the person is currently aware and denying treatment, then that is akin to euthanasia in my view, which is something else altogteher. But this is not even that...

Well, that there is some question of what she wanted is the reason for the trial.

We recognize, in the country, that competent adults can refused medical treatment, though they might be public health excepts (which are not applicable here).  In some states, like FL and my state of PA, we recognize that people can designate their wishes on this subject in advance.  I personally have done so.

Now, and this is important, a competent adult has a right to refuse treatment, including the insertion or maintaining of a feeding tube.  An adult, with no legal bar to them making a decision, such as incompetence, that requires a feeding tube to exist, can turn to the doctor and say, "Remove the tube."  That is their right.  I have refused suggested medical treatment several times, and my mother refused it in at least one case.

States also recognize that people can become incompetent and provide for guardianship of these incompetents; further they note that the wishes of the incompetent person, given while competent, can be followed and normally should be followed.  This comes down to several questions.

1.  Is Terri Schiavo competent?  Both sides, by declaring that they wish to be declared guardian, have conceded that she is not.  If either side declares that Mrs. Schiavo expresses current wishes, one way or the other, they are in effect saying that she is competent.

2.  What, if any, wishes has Terri Schiavo expressed in this matter, while a competent adult.  This is basically the issue.

We do have some evidence, which is hearsay but also is admissible in this case.  We have statements from her husband, brother-in-law and sister-in-law that if she did not wish to be attached to a tube.  Now is that evidence credible?   Is there any reason for these people to lie under oath?

Two that have been suggested are:

1.  Mr. Shiavo stands to inherit.  Well there is very little money left in the estate for him to inherit.  He does not have control of her assets at this point, though the do, legimately, pay his legal expenses.  He further has declined offers to "buy out" his right to maintain his guardianship.  Money cannot legitimately be said to be the issue.

2.  Mr. Shiavo wishes to marry someone else.  Well, he can, under FL law, both cheaply and quickly, divorce Mrs. Schiavo on the ground of her current state of incompetence.  This action may have had the advantage of leaving Mr. Schiavo in a better financial condition, and he could have concluded the marriage by this time.  Marriage cannot legitimately be said to be the issue.

Now, we are left with three witnesses to Mrs. Schiavo's statements on this matter.  There is no motivation for them to give false statements.

Is their any evidence that Mrs. Schiavo has expressed other wishes, as a competent adult?  This evidence, while not proving Mrs. Schiavo's wishes, would serve as a counterweight to the previous statements, and call those into question.  As of this point, no counter evidence has been presented.

Ok, I see what your saying. In that case I wont delve into this further because it would require too complicated analysis which really does not matter to the public, and should not be political at all, it matters only to the family who knows more than we ever will.