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Gary
 
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"NOYB" wrote in message
nk.net...


It's sad that it took the suffering of a human being to bring this issue
to the forefront. But this is an issue that should not die with Terri.


I completely agree. Well put, too.


I strongly believe that in the absence of a living will, and when a spouse
has moved on with his or her life (new girlfriend, etc), the parents ought
to be given guardianship if they request it.


I disagree. Terri married Michael and by doing so gave him the rights of
guardianship. If she wanted to marry him but didn't trust his judgement on
medical issues, she could have taken the necessary legal steps
(living will and/or health proxy).
Since she didn't take these steps, the best, strongest indication we have is
that she wanted Michael to have those rights. We certainly don't know
that for sure, but it's the best and most recent indication anyone has.

And there are huge problems with your suggestion of giving guardianship
to the parents if they request it. At what point does the former husband
loose his rights? Is it after 1 year? 5 years? If he is living with
someone?
If he has a steady girlfriend? If he dates? If he visits his wife less
than
every day? If he never visits?

Also consider a situation like this: Someone dislikes their parents. They
marry and by doing so give their health rights to their spouse. They get
into an accident and are in a vegitative state. The parents request
guardianship rights (after whatever criteria NOYB sets has been met).
Should the partents get the rights? ~ It doesn't appear to be the case
with Terri, but doing this could easly end up giving rights to people that
are the *last* people the person would want making those decisions.

There are plenty of people out there that hate their partents, that love
their parents but disagree compleately with their religiouis & political
views, or that just don't think they make the best medical decisions. ~
Yes,
these people should make a living-will and/or health proxy. But if they
don't,
where do we find the right to give their guardianship to someone
they took it away from ??



Why didn't Michael Schiavo divorce his wife and sever his ties to her?
Perhaps he wanted the rights to the movie deal?


Perhaps.

But perhaps he loved her very much. Perhaps he had some talks with
Teri about what she would ever want if she were in that condition. Perhaps
he
didn't divorce her because he still loves her. Perhaps he wanted to do
everything
he could to be sure her wishes were carried out.

The evidence of the case leans more toward my "perhaps" than to yours.

gary