Terri Schiavo, "Judicial Activism" and Florida Law

The next time someone complains about "Liberal Activist" Judges running roughshod over the constitution and laws of the land, ask them this simple question:

"What Law is it that's not being enforced"?

The Terri Schiavo controversy is governed by the Statutes of the State of Florida. Title XLVI - Chapter 765 covers "Health Care Advance Directives"; Part Three covers "Life-Prolonging Procedures" and reads in part:

765.101:

(10)  "Life-prolonging procedure" means any medical procedure, treatment, or intervention, including artificially provided sustenance and hydration, which sustains, restores, or supplants a spontaneous vital function. The term does not include the administration of medication or performance of medical procedure, when such medication or procedure is deemed necessary to provide comfort care or to alleviate pain.

765.305:

1)  In the absence of a living will, the decision to withhold or withdraw life-prolonging procedures from a patient may be made by a health care surrogate designated by the patient pursuant to part II unless the designation limits the surrogate's authority to consent to the withholding or withdrawal of life-prolonging procedures."

2)  Before exercising the incompetent patient's right to forego treatment, the surrogate must be satisfied that:
(a)  The patient does not have a reasonable medical probability of recovering capacity so that the right could be exercised by the patient.
(b)  The patient has an end-stage condition, the patient is in a persistent vegetative state, or the patient's physical condition is terminal.

765.306:

In determining whether the patient has a terminal condition, has an end-stage condition, or is in a persistent vegetative state or may recover capacity, or whether a medical condition or limitation referred to in an advance directive exists, the patient's attending or treating physician and at least one other consulting physician must separately examine the patient. The findings of each such examination must be documented in the patient's medical record and signed by each examining physician before life-prolonging procedures may be withheld or withdrawn

765.401:

(1)  If an incapacitated or developmentally disabled patient has not executed an advance directive, or designated a surrogate to execute an advance directive, or the designated or alternate surrogate is no longer available to make health care decisions, health care decisions may be made for the patient by any of the following individuals, in the following order of priority, if no individual in a prior class is reasonably available, willing, or competent to act:

(a)  The judicially appointed guardian of the patient or the guardian advocate of the person having a developmental disability as defined in s. 393.063, who has been authorized to consent to medical treatment, if such guardian has previously been appointed; however, this paragraph shall not be construed to require such appointment before a treatment decision can be made under this subsection;

Special Guardian appointed by the Court: http://www.washingtonpost.com/wp-dyn/articles/A57781-2005Mar22.html

(b)  The patient's spouse;

The patient's spouse is Michael Schiavo

765.404 

For persons in a persistent vegetative state, as determined by the attending physician in accordance with currently accepted medical standards, who have no advance directive and for whom there is no evidence indicating what the person would have wanted under such conditions, and for whom, after a reasonably diligent inquiry, no family or friends are available or willing to serve as a proxy to make health care decisions for them, life-prolonging procedures may be withheld or withdrawn under the following conditions:

(1)  The person has a judicially appointed guardian representing his or her best interest with authority to consent to medical treatment; and

(2)  The guardian and the person's attending physician, in consultation with the medical ethics committee of the facility where the patient is located, conclude that the condition is permanent and that there is no reasonable medical probability for recovery and that withholding or withdrawing life-prolonging procedures is in the best interest of the patient


So, the question again si, what provisions of the law haven't been followed?