Guardianship of Schiavo
Florida Court of Appeal
780 So.2d 176 (2001)
Theresa Schiavo suffered cardiac arrest in 1990 at age 27 and never regained consciousness, remaining in a persistent vegetative state for a decade with severe brain deterioration and only reflexive neurological function; she had left no living will or advance directive, and her prior statements about end-of-life wishes were minimal. Her husband, Michael (petitioner), who continued caring for her and never divorced her, sought to have her life-prolonging treatment stopped, while her parents (respondents), who visited often and hoped for a miracle recovery, opposed removal; each side distrusted the other's motives given that a malpractice award for Theresa's care would pass differently depending on whether Michael remained married to her at her death. The trial court, acting as fact-finder, granted Michael's petition in 1998, and Theresa's parents appealed.
Whether a trial court may act as a surrogate decision-maker and order the cessation of life-prolonging treatment for a patient who has spent over a decade in a persistent vegetative state with no hope of recovery.