Memo
To: Elizabeth A. Dennis, Esquire
From: Shannon Parish
Date: October 31, 2014
Re: Research Memorandum
STATEMENT OF FACTS: Mrs. Schiavo had been in a vegetative state for years, and her husband Michael Schiavo successfully petitioned the Florida state courts for an order directing the withdrawal of her feeding and hydration tube. Mrs. Schiavo’s husband, and legal guardian, claimed before the Florida state courts that his wife had previously expressed to him a wish not to be kept alive by artificial means if she became incapacitated. The court agreed with the husband and found that there was clear and convincing evidence that Mrs. Schiavo would have wanted her feeding and hydration discontinued, as the Mr. Shciavo claimed. The parents disagreed with this finding and constantly challenged the claim. The parents did not believe that their daughter would have wanted this and because there was no medical advanced directive, that Mrs. Schiavo should be taken off of life support. Because the federal courts refused to act, Mrs. Schiavo died of starvation and dehydration.
QUESTION PRESENTED: The question presented in this case is, who has the right to terminate life support when there is no advanced medical directrive when a spouse wants one thing and …show more content…
Wendland, the circumstances 26 Cal. 4th 519, 28 P.3d 151 (2001) of that case and Mrs. Schiavo were very similar and dissimilar. Both of the cases had loved ones on life support and one side was pushing for the termination of life support while the other side stated that the termination of life support was not what the victim wanted. In answer, the termination of life support is up to the court. There are no clear cut yes or no answers in who has authority when there is no advanced directive stating what the person on life support wanted. The court would have to weigh the circumstances of each case and look at supporting evidence from both sides to make a favorable