[summer]

What if the spouse prefers the parents instead of the spouse because the parents and spouse have differing views about end of life issues? What if the spouse is a person who believes it is best to pull the plug immediately, while the parents believe otherwise? Who would you want to have legal authority over you while you were incapacitated, if your views about end of life issues were in conflict with your spouse?

Yes, your spouse should respect your views, but what if your spouse doesn't really want to be your devoted caregiver for 15, 20 or 25 years while you're incapacitated? But your parents do?

This is something like what happened in the case of Terri S, although we don't know what HER position was in this matter since she left nothing in writing. But, clearly, her parents and her spouse had very different views on what they each believed she would have wanted.

[Gondring]

What if the spouse prefers the parents instead of the spouse because the parents and spouse have differing views about end of life issues? What if the spouse is a person who believes it is best to pull the plug immediately, while the parents believe otherwise?

It doesn't seem like much of a spouse who would choose to disregard what you want. The personal opinions shouldn't matter...what should matter is the willingness to follow what the incapacitated person would want! I would follow a spouse's wishes even if they were against my own preferences.

...clearly, her parents and her spouse had very different views on what they each believed she would have wanted.

True, but even partly irrelevant, as the Schindlers admitted that they would have disregarded Mrs. Schiavo's wishes even if they were known in writing. At least her husband based his claim on respecting what he believed her wishes would have been.