More on Schiavo
Links below address the Schiavo case further for the layman ... they highlight 'Living Will' & "HealthCare' Proxy forms .... and the text excerpt outlnes the Florida 'reverse-default' - if you have no living will - then without more the State of Florida, in American majority exception - may choose at medical advice to initiate one for you and to act as or to select your health care proxy. In better form - absent a 'living will' or health decision proxy for your disablement situation -the effect should be a decision by you for your life's continued maintenance -rather than the Florida law's default to an optional state death decision. Yes in Florida it is a state option to shorten your disabled terminal life ... however, in most states - the decision BY YOU to shorten your terminal life MUST BE IN WRITING (or communication of record) & WITNESSED - and done by you. http://www.legacywriter.com/hcdrequirements.html http://www.ctelderlaw.org/LivingWills/LivingWillQ&A.htm http://www.willtrust.com/book/livingwill.htm [excerpt from article on Florida statute from link above The Florida statute create an exception for persons in a persistent vegetative state, who have no advance directive and no family or friends available or willing to serve as a proxy to make health care decisions. This statute states that in such an event, life prolonging procedures may be withheld or withdrawn by a judicially appointed guardian with authority to consent to medical treatment who is representing the best interest of the patient. The guardian and the patient's attending physician must first consult with the medical ethics committee of the facility where the patient is located. A conclusion must then be reached that the patient's condition is permanent and there is no reasonable medical probability for recovery. It must also be confirmed that the withholding or withdrawing of 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. ... [end excerpt] |
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