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Animal Or Vegetable?
Rob Bailey has some similar thoughts to mine about the Schiavo case, over at Reason.
Posted by Rand Simberg at March 25, 2005 09:03 AM
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Bailey wrote: Unless we want to force every PVS patient who neglects to fill out a living will to accept a feeding tube...
Um, that is precisely how I understood the law to stand -- until the Schiavo case. And I sure can't point to any legislative act that changed the purpose of a living will from exclusively "let me die" to "if I don't have a living will, a judge can redefine 'clear and convincing evidence' to mean 'years-old hearsay' by excluding contrary testimony for no good reason."
Posted by McGehee at March 25, 2005 11:13 AM
No, there's more to it than that. If they didn't leave a living will, then the court tries to determine if the person is in any way conscious, what they wished from statements given by witnesses, and who has priority in making decisions for them. It isn't easy in a case like this where there is heavy disagrement between parties.
Posted by VR at March 25, 2005 05:53 PM
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