soon I will be introducing legislation to give incapacitated individuals their explicit due process rights of habeas corpus when a court orders their death by removal of nutrition, hydration and medical treatment. The Incapacitated Person's Legal Protection Act gives incapacitated persons the same rights of due process available to death row inmates. The Act will open up an avenue of legal relief currently not clearly available to disabled and incapacitated individuals who are unable to speak for themselves. These individuals can become the subject of a court order affecting their death, such as the case of Terri Schiavo. Terri is a Florida woman who, at age 27, suffered a heart attack and experienced brain damage due to lack of oxygen. While in the hospital, tubes were inserted in her digestive system to provide nutrition and hydration and continue to keep her alive. Ten years after Terri's unfortunate condition occurred, her husband moved to have the feeding tubes removed intending to end her life. Fortunately for Terri, her parents intervened against the desire of Terri's husband and have stayed her death through legal maneuvering until last week. On Friday, February 25, Judge George Greer issued an order to remove the nutrition and hydration of Terri on Friday, March 18 at 1 p.m. This order will initiate the starvation death of Terri.
David Weldon: “soon I will be introducing legislation to give incapacitated individuals their explicit due process rights of habeas…”
Editor's note · Context
Discussing legislation to protect the rights of incapacitated individuals in light of the Terri Schiavo case.
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