Suggested legislature: Protecting the terminally ill, people in a

X-Message-Number: 25950
From: "Trygve B.Bauge" <>

Subject: Suggested legislature: Protecting the terminally ill, people in a 
persistant vegetative state and cryonic patients etc. against their own spouses,
relatives and the courts. (Version 5)
Date: Thu, 31 Mar 2005 23:05:34 +0200

Please find attached a suggested wording for new legislature
to better handle future cases like Terri Schindler-Schiavo's.
Please pass this on to your senator and representative in the U.S. Congress. 

Sincerely

Trygve Bauge



I challenge
the U.S. federal government
and the state legislature in Florida
and governments everywhere,
to pass the following general law:

(in time to apply to Terri Schiavo's dead body too,
but at least in time 
to rescue others from receiving her fate.)


RIGHTS OF THE TERMINALLY ILL etc.

In cases of life support
for the terminally ill,
individuals in a persistent vegetative state,
and others persistently unable to survive on their own
and in cases of treatment of those already dead,

and in the absence of 
a written and properly publicly recorded 
power of attorney,
living will
or will
to the contrary,

the decission 
shall not rest
with the spouse
or nearest
next of kin
or in the abscence of a known relative
the local government,-
but with that private
or public entity
that is willing and able
to offer the best life support.

With the local (state or federal) judiciary
deciding what entity this is,
based on the following criteria:

1. Anything best keeping the patient alive
shall be given priority
to anything else.

2. Any attempt at cloning live cell samples
of the individual
shall be given priority
to anything that might kill the patient.


3. Anything best maintaining 
a dead person in a state of suspended animation
shall be given priority
to any other treatment of the dead.

4. Any attempt at taking and cloning (dead) cells samples of the deceased
shall be given priority
to any other treatment of the dead 
as long as it doesn't jeopardise the latter's suspended animation.


5. Mumification, embalming, packing in a zealed way and storing in a cold 
environment  
shall be given priority to burial and cremation.

6. Burial shell be given priority to cremation.

7. Cremation shall only be used
as the means of last resort.

In cases where more entities are willing and able to provide the 
same treatment with the highest above mentioned priority,
such entity nearest to the individual in question
(e.g. the spouse and then the nearest kin,
private entities before governmental, 
local private entities before more distant,
and local government before state and federal,-)
shall be given preference.

In cases where a spouse, a next of kin or another legal guardian

in the abscence of a living will explicitly requesting such specific assisted 
death,-
still wants to cut off a specific life support system,
or prevent or cut off suspended animation,
this shall constitute a valid reason for divorce,
and termination of guardianship,-
and in the presence of others willing and able to offer a 
better treatment according to the above standards,
the local (state or federal) court
shall promptly appoint a new pro life legal guardian to
protect the interests of the terminally ill or deceased individual
in accordance with the above priorities,
and with the power to file for 
and procure a prompt divorce
on this individual's behalf,
and to otherwise protect its interests.

If a legal guardian can't afford to maintain the best life support systems,
and another entity is willing and able to provide such,
then the first guardian shall lose his guardianship to the latter entity.

Providing food and drink orally, by tube or intravenously,
shall not be regarded as exceptional 
medical treatment,- and not be covered
by provisions against providing medical treatment,
unless explicitly statet in a written
properly recorded living will.

To be properly recorded
a living will shall be written,-
initiated and signed voluntarily by the patient 
while of sound mind,
and not under duress,-
while witnessed and cosigned by two 
impartial and indifferent adults of sound mind
not related to the patient or one another,
not advocating living wills,
and not standing to inherit anything,
receive insurance payoffs or otherwise
benefit monetarily from so doing,-
and then promptly publicly recorded at 
and publisized locally (statewide or federally) by
a public office of clerk and recorder,-
and not later annulled by a similar process.
All statet death wishes not so publicly recorded
shall be diregarded as not adequately substantiated.

Assisted death shall only be for those that
in the above described way
have gone to great length to publicly demand this
while still alive and mentally healthy.

All death wishes merely past on orally 
shall be regarded as at the best
unsubstantiated or hearsay
and at the worst disguised attempts at murder.

If one has not taken the proper steps
to record a living will,
but merely has spoken about one's preferences,
one has not met the minimum requirements
or showed enough diligence or commitment
to the task of speeding up one's own death,
and shall not be regarded as having committed oneself to this.

This law shall apply to all people
presently alive or dead
within this juridiction,
and be meant to protect the life
of each and all of us
against anyone who too eagerly
want to impose death upon another human being.

Starving or dehydrating a patient to death
in the abscence  of a written
and properly recorded
living will calling for such starvation,
and in the presence of others willing and able
to pay for a better treatment,-
or otherwise 
violating this law,
shall be a felony
carrying a minimum sentence of 10 years in jail.


Sincerely,
Trygve Bauge

Ps. Too bad you died Terri.
Let us hope the legislature will have the guts 
to secure your cloning, suspended animation
and future restoration to health,
before your husband manages to cremate you.

If the legislature had written a general law
rather than a specific law for you,
it would have stood up in the supreme court,
and you would still have been alive.

If we had been able to secure you a divorce
in time,
I would have proposed to you.
Now all I can do, is to work for better laws
that will prevent others from being killed
the way you were.




Life-Extension Systems, Universal Liberty, The Global Village Project, 
The Norw. Icebathing Club, Action 88/Residental Assoc. at Hovsetervn. 88
Trygve Bauge,  pb. 59 Hovseter, N-0705 Oslo, Norway. Ph(47)22-14-80-78
Visit Trygve's Meta Portal (tm) www.trygve.bauge.com  

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