## Facts

- Theresa (“Terri”) Marie Schiavo (née Schindler) grew up in New Jersey in a close family.
- Terri met Michael Schiavo, dated him for about two years, and then married him.
- The couple moved to Florida; Terri’s parents and sister later moved there as well.
- Terri sought medical treatment for an undisclosed condition.
- In 1990, Terri suffered a cardiac arrest, apparently related to a potassium imbalance. Michael called 911; paramedics performed CPR and transported her to the hospital.
- Terri never regained consciousness and remained in a comatose, vegetative condition.
- Terri lived in a nursing facility and received nutrition and hydration through a feeding tube.
- More than eight years after the cardiac arrest, Michael—acting as Terri’s court-appointed guardian—filed a petition seeking court authorization to discontinue artificial life support and suggested appointing a guardian ad litem.
- The court appointed a guardian ad litem, who submitted a report stating that Michael’s testimony (as presented to the guardian ad litem) did not establish clear and convincing evidence of Terri’s intent regarding life-support decisions in her circumstances.
- The case proceeded to a bench trial. The court heard testimony from Michael and from Michael’s brother and sister-in-law that Terri had made verbal statements that she would not want to be kept alive by artificial means in a situation with no meaningful recovery.
- Terri’s parents opposed withdrawal of artificial nutrition and hydration and disputed whether the evidence satisfied the governing evidentiary standard.

## Issues

1. Whether, under Florida law governing decisions to discontinue life-prolonging procedures for an incapacitated person, there was clear and convincing evidence of Terri Schiavo’s prior wishes about continuing artificial nutrition and hydration in her condition.
2. Whether the medical evidence supported the finding that Terri was in a persistent vegetative state with no reasonable medically based chance of regaining cognitive function.

## Decision

- The court found that Terri Schiavo was in a persistent vegetative state and that her condition was not expected to improve to a level of conscious cognitive recovery.
- The court determined that, considering the trial testimony (including statements relayed by Michael and corroborating witnesses), there was clear and convincing evidence that Terri would not have chosen continued artificial nutrition and hydration under the circumstances.
- The court granted the petition and authorized Michael Schiavo, as guardian, to discontinue artificial life support, including removal of the feeding tube providing nutrition and hydration.

## Legal Principles

- A competent adult has a right to refuse medical treatment, including treatment that sustains life.
- When a patient is incapacitated, a guardian may seek judicial authorization to make treatment decisions on the patient’s behalf.
- If the decision turns on what the patient would choose (substituted judgment), the patient’s intent must be proven by clear and convincing evidence when there is no written advance directive.
- “Clear and convincing” evidence requires proof strong enough to produce a firm belief about the patient’s intent; the court may consider consistent oral statements and corroborating testimony.
- Artificial nutrition and hydration provided through a feeding tube may be treated as a life-prolonging medical procedure that can be discontinued if the legal standard is met.

## Conclusion

The Florida Circuit Court (Probate Division) authorized Terri Schiavo’s guardian to withdraw artificial nutrition and hydration after finding that Terri was in a persistent vegetative state and that clear and convincing evidence showed she would have refused continued feeding-tube support in her condition.


In re The Guardianship of Theresa Marie Schiavo, No. 90-2908GD-003, 2000 WL 34546715 (Fla. Cir. Ct. Feb. 11, 2000)