Having checked out the email queue, I’ve got two corrections to make to earlier posts about the Schiavo case.
First, as about twenty lawyers have informed me, Judge Whittemore did not “dismiss the Schiavo case,” but simply denied a petition for a Temporary Restraining Order that would have reinserted Schaivo’s feeding tube while the full case was being heard. But since denial of the TRO (which can be appealed) means the judge thinks there’s little or no chance the Schindlers can prevail in the underlying case, it’s a bad sign for them.
Second, and perhaps more importantly, I heard from a medical social worker who made it clear “Living Wills” won’t necessarily control medical decisions in cases like Schiavo’s. He suggested the far superior instrument is a Durable Power of Attorney for Medical Care, which not only indicates your wishes about live-support contingencies, but gives the person of your choice real control over medical decisions.
