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  • Title: In re Guardianship of Schiavo.
    Author: Florida, District Court of Appeal, Second District.
    Journal: Wests South Report; 2001; 780():176-80. PubMed ID: 15179941.
    Abstract:
    The District Court of Appeal of Florida, Second District, on 24 January 2001 (Schiavo I) affirmed a guardianship court decision that authorized termination of life support for a woman in a persistent vegetative state. Theresa (Terri) Schiavo had suffered cardiac arrest at age 27 in 1990. Now over ten years in a persistent vegetative state, her cerebral cortex had deteriorated and was replaced with spinal fluid. Her husband petitioned the lower court to remove her life support, and her parents appealed that court's decision. The appellate court held that appointment of a guardian ad litem was not required and affirmed four rulings of the trial court. First, Terri Schiavo had a type of end-stage condition that allowed withdrawal of life-prolonging procedures. Second, there was no reasonable probability of her regaining capacity to make a competent decision about such a withdrawal. Third, the trial court could act as guardian and make that decision when a conflict within the family prevented a surrogate decision by a relative. Fourth, evidence supported the trial court's determination that Terri Schiavo would have chosen to forego life-prolonging treatment.
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