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Life or death?

The Terri Schiavo fight shows the government may have the last say

By Barbara McKee / Tribune Columnist
March 22, 2005

Barbara J. McKeeTerri Schiavo has become the center of a national debate over the lengths to which government may go to keep someone alive.

For the past seven years, Terri's husband, Michael, has been fighting to have the brain-damaged Florida woman's feeding tube removed, on the basis of previous conversations with Terri about what to do if she suffered a serious illness or accident.

According to Schiavo's husband, Terri - living in a vegetative state - didn't want to kept alive by artificial means when she couldn't function as an able-bodied person. Michael Schiavo has had several doctors testify her cerebral cortex was damaged so severely that she will never be able-bodied again. Schiavo's parents want custody of Terri, rebuking Michael's testimony with videotapes of Terri responding in guttural sounds and eye contact, implying she wants to live.

Terri collapsed in February 1990. For the next 17 months, Terri received medical treatment and rehabilitative care at several hospitals and clinics. In July 1991, Terri was moved to Sable Palms Nursing Home. In February 1992, Terri was awarded $1.6 million in malpractice lawsuits. Michael Schiavo was awarded $600,000. All award monies were to be used to pay for Terri's treatment.

In February 1993, Michael Schiavo denied Terri her recommended treatment. The legal war between Terri's family and her husband began soon after.

Congress' Government Reform Committee wants Terri to come to Washington and testify she wants to remain alive. This would be the ultimate in dog and pony shows, because Terri cannot communicate verbally or by any type of sign language. Her parents and brother admit they cannot understand her.

On March 18, Schiavo's feeding tube was removed. Meanwhile, Congress began to consider a bill, the "Incapacitated Persons Legal Protection Act," which would allow such decisions only when there are no advance directives or will, or when there is no objection from the family. Over the weekend, Congress passed, and President Bush signed, a measure allowing Schiavo's parents to ask a federal judge to reinsert the feeding tube - which the parents did on Monday. At this writing, Schiavo's fate remained uncertain.

Legislation such as the incapacitated persons act frightens me.

Terri didn't have a will or any written documentation of what she wanted. Thousands of other Americans don't have such documentation.

The legislation would require anyone who doesn't leave instructions to become a ward of the court. Whoever has the most money or the better lawyer could obtain guardianship of the disabled person.

The battle for abortion rights debates the question, "When does life begin?" Now there is a bill to debate when life should end. I don't think the government should set a precedent for who should live or who should die, simply because the person didn't write it down.

I suggest everyone get busy writing down how he or she wants to die. This may be your last chance.

You can e-mail Barbara McKee at chairgrrl@chairgrrl.com. Her column runs on Tuesdays.

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