Guardian: Schiavo improvement unlikely
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Terri Schiavo
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(CNN) -- On the eve of Terri Schiavo's 40th birthday, the independent guardian appointed for the Florida woman at the center of a right-to-die controversy said in his court-ordered report that she is in a persistent vegetative state with no likelihood of improvement.
Dr. Jay Wolfson, Schiavo's court-appointed legal advocate, submitted his report to Florida Gov. Jeb Bush Monday. His findings were made public Tuesday.
Wolfson also recommended that more testing be done in the case to satisfy the contentious nature of the litigation.
Schiavo's husband, Michael Schiavo, says he is following his wife's wishes to let her die, while her parents, Bob and Mary Schindler, are fighting to keep their daughter alive.
The doctor writes that all evidence in Schiavo's file supports "the contention that she cannot take oral nutrition or hydration and cannot consciously interact with her environment," but he does not directly recommend the governor rescind his executive order that reinserted Terri's feeding tube.
"Nothing in Dr. Wolfson's report leads me to believe the stay should be lifted at this time, or that Mrs. Schiavo should be deprived of her right to live," Bush said in a statement after he reviewed the report.
The recommendations of the guardian ad litem are not binding on Bush, who issued an executive order in October ordering reinsertion of Schiavo's feeding tube several days after it had been removed. He is not expected to lift that order while Schiavo's fate is being litigated.
Wolfson also recommended that "swallowing tests" be performed on Schiavo, tests her husband opposes because he says they were done several years ago and showed she could not swallow. Her parents believe that with swallow therapy, Schiavo could be taught to eat again, eliminating the need for the feeding tube.
In a statement released later, Bush said he remained concerned there were too many "open questions" in the case, chiefly about what Terri Schiavo's end-of-life wishes were. She left no written instructions.
Wolfson writes that before such tests are conducted, the parties involved in the case must agree on how the results will be used.
"I am hopeful that Mr. Schiavo and his attorney will no longer prevent this vital testing from taking place," Bush said in his statement.
Michael Schiavo's lawyer could not be reached for comment.
To write his report, Wolfson reviewed all of the court records and previous testimony in the case. He also visited with Schiavo at the hospice where she is staying in Pinellas Park. Wolfson was not allowed to do any further investigation into the case.
Schiavo, whose 40th birthday is Wednesday, has been in a persistent vegetative state since 1990, when her heart stopped from what doctors believe was a potassium imbalance. She is neither terminally ill nor brain dead, but she relies on the feeding tube for nutrition and hydration to keep her alive.
In Wolfson's report, the doctor said part of his job was to "deduce and represent the best wishes and best interests of" Schiavo, but he said no recommendations can be made "until and unless there are changes in the status quo among the parties."
He also described a "platform for proceeding" reached between the parties that apparently fell apart at the last minute. That agreement would have allowed Wolfson to remain guardian ad litem and would have allowed the swallow testing to take place, performed by doctors of Wolfson's choosing. However, talks between the parties -- the guardian ad litem, Michael Schiavo, the Schindlers, and the governor's office -- broke down and the agreement was not adopted.
Though Schiavo left no living will, her husband says he is honoring her expressed wish not to be sustained on life support and that she has neither cognitive ability nor hope for recovery. But her parents insist that although she is brain-damaged, she reacts to them and could be helped with therapy.
The courts agreed with Michael Schiavo, and the feeding tube was removed October 15. But six days later, the Florida Legislature passed a law allowing Bush to order it reinserted. The measure, dubbed "Terri's law," also required that an independent guardian be appointed to review the case and issue recommendations within 30 days.
The state's Republican-controlled Legislature rushed the bill to passage in less than 24 hours, and Bush, who had been lobbied by Schiavo's parents to intervene, quickly signed it.
Michael Schiavo's attorneys contend that the law is unconstitutional because it infringes on Terri Schiavo's right to privacy and because it applies only to one person. They also argue it violates the separation of powers by allowing the executive and legislative branches to overrule a judicial decision.
Wolfson is from the Florida Health Information Center at the University of South Florida. Although he was appointed by a judge as Schiavo's guardian ad litem under the new law, Michael Schiavo remains her legal guardian.
