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Questions in the Terri Schiavo Case

First, the good news is that the U.S. Congress has issued a subpoena to have Ms. Schaivo and her (*ahem*) husband appear to testify before Congress next week. This action buys some valuable time for the Congress to act to try to protect Ms. Schiavo's life. (Note, even the Vatican has chimed in on this issue saying: "By any decent count, Mrs. Terri Schiavo can be considered a living human being, deprived of full conscience, whose legal rights must be recognized, respected and defended. The removal of the feeding tube from this person, in these conditions, can be considered direct euthanasia," the Vatican official said. "As far as we're concerned, impeding someone access to food and water represents a pitiless way to kill that person.")

However, I do have a question. As I am sitting here listening to the news, it has been mentioned on at least three occasions that Terri's (*ahem*) husband, Michael, has two children by another woman out of wedlock. Both of these children have been born to her (*ahem*) husband since Teri suffered her brain injury.

Obviously, if Teri were to improve in her condition (such as her parents' attorneys and doctors claim is possible), doesn't this create an untenable position for her (*ahem*) husband? I mean, if I were in Congress, I would ask him a very simple question: Mr. Schaivo, doesn't your cohabitation with and fathering of the children of another woman create a conflict of interest in your ability to look out for the best interests of Terri?

Here is my question for anyone who may know: when a person is granted guardianship in Florida, isn't there a provision in the guardianship papers that allow for the removal of the guardian where the guardian is shown to have a probable conflict of interest? Has this been tried? Anyone know?

Comments

Stephen C. Carlson said…
There's also a huge monetary conflict of interest. It is my understanding that Terry Schiavo was awarded quite a large sum for damages arising from the incident that incapacitated her. If her husband divorces her, he won't see that money. On the other hand, he'll stand to inherit the money if she passes away.

I don't know Florida law, but something seems wrong to me if the laws are set up in such a way that a husband can get a financial windfall for pulling the plug instead of divorcing her.

Stephen
3/18/2005 10:37:00 AM
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