That is precisely it. Life-sustaining treatment did not include feeding tubes until 1999. Not under these circmstances. Please, please, please read the statute. Until that point, a feed tube removal could only happen with a written instruction.
I don't argue with Browning. I think it may actually have some merit in and of itself. But it does NOT apply to this case in the manner it has been thrusted out by Felos. You know that as well as I. Terri had no written instructions as to her medical treatment desires and food wasn't medical treatment when she fell ill.
The law changed the following year, in 1999, a year after the petition. You may want to read the End of Life Panel Report to the Florida Legislature. They were bothered by advanced directives that favored medical intervention because they were 'confusing'. They didn't like that they had to wait until someone was dying to kill them. They didn't like that a family member from out of town had to be consulted prior to killing. They didn't like brain injured people.
Read it. It will make your blood run cold.
Most of the language was crafted by board members of the Hospice of the Florida Suncoast - at a time when Felos was Chairman. I didn't discover this on my own. Someone enlightened me.
The fix was in on this case. Florida wanted this woman to die. Email me on phenn at yahoo and I'll give you all I got. But, stop thinking the rule of law has been followed here. I would suspect the failure of the court to remove an unfit guardian who doesn't file timely annual guardian reports alone should be evidence of that.
phenn, the statute that you keep quoting was overriden by case law, such as Browning, ten years earlier.
Sodomy is illegal in many states, but the anti-sodomy statutes are worthless. Case law already declared those statutes unconstitutional.
Case law trumps statutes all the time, especially if case law is based in an enumerated right of the Florida Constitution.
***You may want to read the End of Life Panel Report to the Florida Legislature.
Where is this? I can't find it. Thanks