protection of incapacitated persons act

[onenote]

In reaction to Terri Schiavo's death, Rep. Sensenbrenner is calling on Congress to pass the "Protection of Incapacitated Persons Act" Hopefuly this link will work, because this is one stinkin' p.o.s. piece of legislation.

Essentially, it allows an "incapacitated person" or "next friend" of an incapacitated person to bring a federal court action challenging any state court ruling that results in the discontiuance of hydration, nutrition or other "medical care". Even if there is a written directive, if it is challenged (for example, over the validity of the signature or whether the patient was of sound mind when they signed it or even over whether it reflected the "current" wishes of the patient, a case can be brought in federal court.

Now here's the real kicker: the definition of "next friend": an individual who has some significant relationship with the real party in interest, and includes a parent.

Significant relationship...so does that include not just parents/siblings, but also spiritual advisor, best friend, or just about anyone?

http://thomas.loc.gov/cgi-bin/query/D?c109:1:./temp/~c1094ef1GN::

[Walt Starr]

1. This was the bill originally presented to the Senate by the House

The Senate shot it down which resulted in the subpoena of Terri Shiavo which resulted in the abominable Pub. L. 109-3.

[BlueEyedSon]

2. Too late for Sun Hudson. Won't this interfere with Texas law?

[Lindacooks]

3. My God, these people have no shame.

They don't give a flying f*ck about privacy and self-determination, do they? I am so sick of right wing nuts thinking they know what is best for EVERYBODY. Mind your own effing business, you sick vampires.

[bryant69]

4. They are probably starting with broad language

knowing they might have to tighten it up a bit. That said, this is a pretty dopy idea.

Bryant
Check it out --> http://politicalcomment.blogspot.com

[htuttle]

5. Personally, I'd prefer to get some medical care BEFORE I'm brain dead

Any chance of a bill guaranteeing THAT?

Didn't think so...

[BOSSHOG]

6. Let us ask sensenbrenner about the money angle

Its fine and dandy to pontificate, however, if he wants to proceed with this plan it is only right that wording be included which states in no uncertain terms that the patient will then "belong" to the federal government and all costs associated with medical treatment will be borne by the federal government (currently led by republicans). Sure sounds like the workings of the republican party huh? These poll driven lunatics obviously haven't been paying attention. Even their knuckledragging base says don't do it.

[beyurslf]

7. It includes about anyone--EXCEPT the partner of a gay or lesbian person.

They do not have any rights or incidents of marriage.

[HockeyMom]

8. Next friend?

Who the hell is that? Randall Terry. Well, he and his ilk are no friends of mine.

[BOSSHOG]

9. Wouldn't you think that randall terry

would pull the plug on a homosexual? I'm sure he can cite chapter and verse in leviticus justifying such action and get a hardy round of amens from the life loving flock.

[beyurslf]

13. Pull the Plug? He'd hire the firing squad if they let him.

[daleo]

10. "Next friend" could be the hospital, then?

I bet they would want to keep the incapacitated person going until the next of kin's money runs out. After that, maybe not.

[whistle]

11. Great, democrats can add a wounded veterans clause...

...to make sure all incapacitated and wounded veterans receive the full medical care they are entitled

[AnnInLa]

12. That reminds me of something I don't understand

I read that in past interviews, the Schindlers said that even if Terri had had a living will, or expressed to them that she did not want extrordinary life support, they would still have fought that hard to keep her body alive.

So, do I understand that all those protesters were of the opinion that EVEN IN THE EVENT OF A LIVING WILL, people should not be allowed to die?

Is that the view of most hard-line anti-choice (pro life) people? Do they not believe in living wills at all? Catholics?

The media kept saying that the point of dissention between Michael and the Schindlers was that they did not believe she had ever expressed the wish to die without extrordinary life-support. But, why didn't the media tell us that it would have made no difference to them or the protesters even if they knew she expressed that wish?

What would happen in the case of a small child in such a condition as Terri's who outlives his/her parents, siblings, family members?

[oneighty]

14. These people

are thinking only of their very own fear filled lives. They too will pass. Why cannot God loving people accept that reality?

Keep everybody alive until their family's money is gone gone gone. It is the true death tax the Republicans been pushing.

The high cost of dying.

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