Pay special attention to the dates involved. Michael continued providing aggressive therapy a year beyond the date of the settlement.
http://abstractappeal.com/schiavo/trialctorder02-00.pdf
From Page 4
It is also interesting to note that Mr. Schiavo continues to be the most regular visitor to his wife even though he is criticized for wanting to remove her life support. Dr. Gambone even noted that close attention to detail has resulted in her excellent physical condition and that Petitioner is very involved.
*** This is in the year 2000, ten years after Terri's accident, and five years after Michael moved in with the woman he still resides with. He remained her *most frequent" visitor, not her parents, not her siblings, Michael.
Page 5 (last line)
The court has reviewed the testimony of Scott Schiavo and Joan Schiavo and finds nothing contained therein to be unreliable. The court notes that neither of these witnesses appeared to have shaded his or her testimoney or even attempt to exclude unfavorable comments or points regarding those discussions. There were not impeached on cross-examination. Argument is made as to why they waited so long to step forward but their explanations are worthy of belief. The testimony of Ms. Beverly Tyler, Executive Director of Georgia Health Discoveries, clearly establishes that the expressions made by Terri Schiavo to these witnesses are those type of expressions made in those types of situations as would be expected by people in this country in that age group at that time. They (statements) reflect underlying values of independence, quality of life, not to be a burden and so forth. "Hooked to a machine" means they do not want life artificially extended when there is not hope of improvement.
Top of Page 9
There are some comments or statement made by Terri Schiavo which the court does not feel are germane to this decision. The court does not feel that statements made by her at the age of 11 or 12 years truly reflect upon her intention regarding the situation at hand. Additionally, the court does not feel that her statments directed towards others and situations involving others would have the same weight as comments or statements regarding herself if personally placed in those same situations. Into the former category the court places statments regarding Karen Ann Quinlin and the infant child of the friend of Joan Schiavo. The court finds that those statements are more reflective of what Terri Schiavo would do in a similar situation for someone else.
Statements which Terri Schiavo made which do support the relief sought by her surrogate )Petitioner/Guardian) include statements to him prompted by her grandmother being in intensive care that if she was ever a burden she would not want to live like that. additionally, statements made to Michael Schiavo which were prompted by something on television regarding people on life support that she would not want to live like that also reflect her intention in this particular situation. Also, the statements she made in the presence of Scott Schiavo at the funeral luncheon for his grandmother that "if I ever go like that just let me go. Don't leave me there. I don't want to be kept alive on a machine." and to Joan Schiavo following a television movie in which a man following an accident was in a coma to the effect that she wanted it stated in her will that she would want the tubes and everything taken out if that ever happened to her are likewise reflective of this intent. The court specifically finds that these statements are Terri Schiavo's oral declarations concerning her intention as to what she would want done under the present circumstances and the testimoney regarding such oral declarations is reliable, is creditable, and rises to the level of clear and convincing evidence to this court.
Those statements above noted contain no limitations or conditions. However, as Ms. Tyler noted when she testified as to quality of life being the primary criteria in artificial life support matters, Americans want to "try it for awhile" but they do not wish it live on it with no hope of improvement. That implicit condition has long since been satisfied in this case.
Credits to CourtTV.