I think the spouse does hands down. As a parent I hope I have the strength to let my children go when becaus adults and lead their own lives.

I also I am stong enough to let them go if I have too. I am sorry but the Schindlers seem odd to me.

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customerjon @gmail.com is where information happens.

I don't think it is even close. Your spouse is your next of kin. Everyone else is second fiddle.

Mr. Schiavo won every trial hands down for a reason. You may not like the result, but the legal system worked as it should.

I consider myslef prolife, but I don't accept the reasoning of erring on the side of life. We should err on the side of carrying out the affected person's wishes.

Oh man, I am actually agreeing with you...what's wrong??? things are changing??? Will I finish a race??? ;-)

This is obviously an omen Francois. I am thinking you will finish IMB. Best of luck. Don't crash. Don't bonk.

I haven't really followed the situation that is now over, especially what the Shiavo's actual marital status is....But, is it trure that Mr. Shiavo has a new "partner" with Kids?

If that is the case, my opinion is that he has no marital rights and they should pass back to the parents as next of kin, regardless.

Totally agree. He should have divorced his wife before moving in and fathering kids with another women. Apparently he wanted to have his cake and eat it too. If he had divorced Terri her care and decisions would've been handled by her parents and he wouldn't have been able to pull the plug on her and let her die.

I think that the issue of legal significance was not whether Mr. Schiavo had more legal rights than the Schindlers as a result of his being a husband instead of a parent. His legal position was based upon the fact that he was the Florida equivalent of what we call a guardian or conservator here in Michigan. I think that most judges would give more credibility to the factual testimony of a spouse instead of a parent, at least if the marriage were of long standing duration, because your husband or wife should know you better after several years of marriage than your parents do.

Of course, there are numerous other questions in this case. For example, how much credibility to give to the testimony of someone like Mr. Schiavo that changes his story seven years after the fact, after a medical malpractice award that he stands to inherit after the death of his wife and after taking up with another woman. Or, whether to err on the side of a family that wants to care for someone that cannot care for themselves instead of on the side of somethat that wants to kill that helpless person.

No, there is nothing wrong with your viewpoint. It is one that is recognized both Biblically and in common law. A husband and wife have historically been considered one person for legal purposes. In normal circumstances, nothing should come between the husband and wife in these kinds of decisions.

There are cases, though, where the state has asserted its authority in opposition to this principal, usually to protect the life or health of one or the other parties (most often the wife). In some states, the state can compel a wife to testify against a husband in domestic abuse cases. The state views its obligation to protect the life of the wife to override the sanctity of the marital union. Since the Schindlers were alleging that Michael Schiavo no longer had concern for Terri's welfare and had, in fact, abused her or tried to cause her death, they were asking the state to step in.

Understood. It's really a shame, and unlike most, I'm not sure there is a bad guy here. I can't imagine her husband going through everything he has for any reason other than a desire to carry out his wife's wishes. Another poster above mentioned a financial motive, but Mr. Schiavo already got all of the money from the malpractice suit. In fact his brother alleges that the Schindlers didn't start fighting him until they weren't given any of the settlement. As a parent, I can also understand the desire to hold on to any hope that a child can recover.

One thing I'm sure of is that I won't allow the possibility of something like this in my case. I've waited too long already to fill out the proper paperwork to allow my wife the freedom that Mr. Schiavo didn't have. I'll be filling it out and filing it today.

For those of you in the US who might be interested, the link below takes you to a list of links to valid advanced directive, healthcare surrogate, and organ donor forms.

http://www.uslivingwillregistry.com/forms.shtm

" Apparently he wanted to have his cake and eat it too."

Classic. He sure had his cake and ate it too. Which part was the cake that he was eating or having, the part where he cared for his wife who was in a persistent vegitative state for over 15 years, fighting her vindictive parents, holding off on getting married to the mother of his children while he continued to care for Terri, etc? Boy, this guy was really living the sweet life.

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Slowguy

(insert pithy phrase here...)