Florida Court Prohibits Terri's Parents From Joining "Terri's Law" Battle (ACLJ)

LifeNews.com ^ | November 4, 2003 | Steven Ertelt

[Deep_6]

Re:
"...Florida law does not support guardians who have such a conflict of interest....."

I keep seeing all this garbage in post after post. In fact, some posters have
claimed that Terri's husband as an abuser, etc etc...

Now tell me.... Since Terri's family is spending some serious money
now in legal fees, and since they've apparently spent a ton in prior
years, battling the same matter.....

Why in all hell didn't they battle to remove Terri's husband as guardian
based on all the rhetoric we read all over this forum?

Why?      Shall I answer? Should I tell them?

Ok. Because there's no proof of anything to provide to a court; there
is no case against Terri's husband. It's all hearsay; all from Terri's
family; all out of desperation of a loving family attempting to hang
onto a child they hate to give up.

Terri can not eat. No, it's not that she 'can't feed herself", it's that
she can not voluntarily swallow. That is the reason for the feeding
apparatus; the life support. If eating could be accomplished any 
other way, if Terri was not limited to involuntary actions only, the
court would have no choice but to side with the parents.

One more time: Terri has been the same since the onset. She
has nothing but involuntary movements. She is locked inside
a coffin; akin to buried alive.

The law's on her side. The family; the Governor and the Legislation
are fighting her.

It's sad for all involved, but it must be living hell for Terri, if she
can at all, think.

[kenth]

Don't you just love the argument that it's the law that Michael has guardianship, and you have to follow the law. You must follow the law. Even though the law is contradictory within itself and even more so when compared to the right's held by Terri. But, let's pick and choose the law. Whatever it takes to kill her.

At that point, we start hearing that she won't recover anyway so we might as well kill her. It's for her own good. They even try to sound empathetic while doing it. More like plain pathetic.

[nicmarlo]

My question to you is: would you want your ex-spouse current spouse who's living with pregnant girlfriend and illegitimate child, to decide if you can live or die?

[Lion in Winter]

I see you are still agreeing with the ACLU.... trying to DEEP 6( KILL) TERRI!!

[Lion in Winter]

Note his name....deep6.... means to kill somebody...as in A mob killing.... and hiding the body.... bags of cement...deep body of water... it's then, the DEEP SIX for Terri!!

[kenth]

It's all hearsay

So, hearsay shouldn't be allowed when it comes to the husband, but it's more than enough to sentence her to death?

Oh.... yeah, right. She can't eat and might be uncomfortable, thus deserved of death. Sorry, I forgot your other argument...

[Deep_6]

Re:
"...She might be uncomfortable. Let's kill her....."

Really? You managed to reduce a person that is unable to
make any voluntary movement; a person that may be able to
do nothing more than think, but who can not as much as swallow,
as being possibly "uncomfortable"?

Really! You compassionate fool, you!

 

[sweetliberty]

""It is clear that state law permits the parents to get directly involved in a case to defend a state law that is keeping their daughter alive."

It should also be abundantly clear that the FloriDUH kangaroo court and Satan's puppets that serve on it don't give a flying WHAT the law says. They have an agenda to serve and will not be deterred.

[blueriver]

Meanwhile.... Terri may or may not understand what's happening

I guess we should just kill anyone who does to meet your criteria of a life worth living. Only problem is that who has the "right" to dictate who should live or die? A case can be made I am sure that people with Alzheimer's disease would be better off dead. Do we just start killing people based on some line that people like you draw in the sand? Who controls where the line gets drawn and how far it can be moved? Anyone on life support can be sent to their graves if they do not pass the criteria. All a spouse needs to say is that I heard so and so say they would not want to live this way.

There must be criteria for removal of life support. (it can be argued that food is not "life support" in the traditional sence of the term). The criteria should be that a written will must be required.

[Legerdemain]

FloriDUH kangaroo court and Satan's puppets

so the godsquad continues to stoop to the lowest levels....Satan's puppets? Go ahead and show your true colors.......

[sport]

Reference your post # 10.

Amen and Amen!

[kenth]

Now, now. I was just trying to make sure your thoughts were correctly interpreted. Just helpin' out.

As for discomfort, what disabilities should be exterminated by the deep_6 Department of Comfort? You really should start a list.

[Legerdemain]

My question to you is: would you want your ex-spouse current spouse who's living with pregnant girlfriend and illegitimate child, to decide if you can live or die?

first of all, I would hope I was not comatose for 13 years...my wife would have pulled the plug 13 years ago...however, it seems that I would have a fight in my own family as my mother would contest my wishes even with a living will (which many times is not worth the paper it is printed on).

If I did not have a living will, it would be up to my spouse to carry out my wishes.

However, the godsquads would probably try to intercede on my behalf.

I really do not know why the godsquad is fighting this, With their beliefs, she will go to heaven, and if her husband is not truthful, he will go to hell...it is not your place to judge....sheesh godsquad, give it up and keep your bibliorants to yourselves.

[Ethan_Allen]

" Re:
"...Florida law does not support guardians who have such a conflict of interest....."

I keep seeing all this garbage in post after post....."
___________________________________________________________



Under Guardianship Laws:

(3) DISQUALIFIED PERSONS.--No person who has been convicted of a felony or who, from any incapacity or illness, is incapable of discharging the duties of a guardian, or who is otherwise unsuitable to perform the duties of a guardian, shall be appointed to act as guardian. Further, no person who has been judicially determined to have committed abuse, abandonment, or neglect against a child as defined in s. 39.01 or s. 984.03(1), (2), and (37), ****or who has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under ***s. 435.03 or under any similar statute of another jurisdiction, shall be appointed to act as a guardian. Except as provided in subsection (5) or subsection (6), a person who provides substantial services to the proposed ward in a professional or business capacity, or a creditor of the proposed ward, may not be appointed guardian and retain that previous professional or business relationship. A person may not be appointed a guardian if he or she is in the employ of any person, agency, government, or corporation that provides service to the proposed ward in a professional or business capacity, except that a person so employed may be appointed if he or she is the spouse, adult child, parent, or sibling of the proposed ward or the court determines that the potential conflict of interest is insubstantial and that the appointment would clearly be in the proposed ward's best interest. The court may not appoint a guardian in any other circumstance in which a conflict of interest may occur.



Laws on Background Screening s. 435.03 (for the record, before they change it):


The 2003 Florida Statutes

Title XXXI
LABOR Chapter 435
EMPLOYMENT SCREENING View Entire Chapter

1 435.03 Level 1 screening standards.--

(1) All employees required by law to be screened shall be required to undergo background screening as a condition of employment and continued employment. For the purposes of this subsection, level 1 screenings shall include, but not be limited to, employment history checks and statewide criminal correspondence checks through the Florida Department of Law Enforcement, and may include local criminal records checks through local law enforcement agencies.

(2) Any person for whom employment screening is required by statute must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under any of the following provisions of the Florida Statutes or under any similar statute of another jurisdiction:

(a) Section 415.111, relating to abuse, neglect, or exploitation of a vulnerable adult.

(b) Section 782.04, relating to murder.

(c) Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child.

(d) Section 782.071, relating to vehicular homicide.

(e) Section 782.09, relating to killing of an unborn child by injury to the mother.

(f) Section 784.011, relating to assault, if the victim of the offense was a minor.

(g) Section 784.021, relating to aggravated assault.

(h) Section 784.03, relating to battery, if the victim of the offense was a minor.

(i) Section 784.045, relating to aggravated battery.

(j) Section 787.01, relating to kidnapping.

(k) Section 787.02, relating to false imprisonment.

(l) Section 794.011, relating to sexual battery.

(m) Former s. 794.041, relating to prohibited acts of persons in familial or custodial authority.

(n) Chapter 796, relating to prostitution.

******(o) Section 798.02, relating to lewd and lascivious behavior.

(p) Chapter 800, relating to lewdness and indecent exposure.

(q) Section 806.01, relating to arson.

(r) Chapter 812, relating to theft, robbery, and related crimes, if the offense was a felony.

(s) Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a felony.

(t) Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult.

(u) Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult.

2(v) Section 825.103, relating to exploitation of an elderly person or disabled adult, if the offense was a felony.

(w) Section 826.04, relating to incest.

(x) Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.

(y) Section 827.04, relating to contributing to the delinquency or dependency of a child.

(z) Former s. 827.05, relating to negligent treatment of children.

(aa) Section 827.071, relating to sexual performance by a child.

(bb) Chapter 847, relating to obscene literature.

(cc) Chapter 893, relating to drug abuse prevention and control, only if the offense was a felony or if any other person involved in the offense was a minor.

(3) Standards must also ensure that the person:

(a) For employees and employers licensed or registered pursuant to chapter 400, and for employees and employers of developmental services institutions as defined in s. 393.063, intermediate care facilities for the developmentally disabled as defined in s. 393.063, and mental health treatment facilities as defined in s. 394.455, meets the requirements of this chapter.

(b) Has not committed an act that constitutes domestic violence as defined in s. 741.28.

History.--s. 47, ch. 95-228; s. 15, ch. 96-268; s. 21, ch. 96-322; s. 3, ch. 98-417; s. 87, ch. 2000-153; s. 45, ch. 2000-349; s. 62, ch. 2001-62; s. 50, ch. 2003-1.

1Note.--Section 17, ch. 2003-57, provides that "[n]otwithstanding the provisions of section 64 of chapter 95-228, Laws of Florida, the provisions of chapter 435, Florida Statutes, as created therein and as subsequently amended, and any reference thereto, shall apply to all offenses regardless of the date on which offenses referenced in chapter 435, Florida Statutes, were committed, unless specifically provided otherwise in a provision other than section 64 of chapter 95-228, Laws of Florida."

2Note.--As enacted by s. 21, ch. 96-322. This version is published as the last expression of legislative will (see Journal of the Senate 1996, pp. 519 and 1513). Substantially similar language was enacted as paragraph (u) by s. 15, ch. 96-268, and that version, redesignated as paragraph (v), reads:

(v) Section 825.103, relating to exploitation of an elderly person or disabled adult.

This is the abbreviated portion of the chapter. http://www.flsenate.gov/statutes/index.cfm?App_Mode=Display_Statute&Search_String=&URL=Ch0435/Sec03.htm&StatuteYear=2003 [Link to the Entire Chapter from this link.]



The 2003 Florida Statutes

Title XLVI
CRIMES Chapter 798
ADULTERY; COHABITATION View Entire Chapter

****798.02 Lewd and lascivious behavior.--If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior, they shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 6, ch. 1637, 1868; RS 2596; GS 3519; RGS 5407; CGL 7550; s. 773, ch. 71-136.

http://www.flsenate.gov/statutes/index.cfm?App_Mode=Display_Statute&Search_String=&URL=Ch0798/Sec02.htm&StatuteYear=2003


According to the law as it now stands, MS should be disqualified as a guardian for conflict of interest, as Terri's guardian ad litem Richard Pearse argued. Justice is legally blind in Florida.

[Robert A Cook PE]

No horse.

A daughter.

[wisconsinconservative]

Deep_6 Asks:
"Why in all hell didn't they battle to remove Terri's husband as guardian
based on all the rhetoric we read all over this forum?"



I can answer that!

A Petition to remove Michael Schiavo as Guardian has been filed. A hearing is scheduled for Wednesday, November 5, 2003 in Circuit Court.

IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA

PROBATE DIVISION

File No. 90-2908GD-003




IN Re: THE GUARDIANSHIP OF

THERESA MARIE SCHIAVO,

Incapacitated.





ROBERT SCHINDLER, et al.,

Petitioners,


v.


MICHAEL SCHIAVO,

Respondent


//


PETITION TO REMOVE GUARDIAN

AND TO APPOINT SUCCESSOR GUARDIAN


Petitioners, Robert Schindler, Mary Schindler, Robert Schindler, Jr. and Suzanne Schindler Carr, by and through undersigned counsel, pursuant to Fla. Prob. R. 5.660, hereby petition this Court for its Order removing Michael Schiavo ("Schiavo") as Guardian of Theresa Marie Schiavo ("Terri" or "the ward") and appointing one of the ward’s siblings, Robert Schindler, Jr. or Suzanne Schindler Carr, as successor guardian. Any one of the statutory reasons set forth below is sufficient to require removal of this guardian pursuant to § 744.474, Fla. Stat. In support, Petitioners say:


Failure to Discharge His Duties - § 744.474 (2), Fla. Stat.

The fundamental duty of the guardian as set forth in Chapter 744, Fla. Stat., is to protect the interests of the ward. From the statement of legislative intent to the detailed provisions concerning the annual plan, Florida law requires that the guardian protect the rights of the ward, provide for her health and safety, properly manage her financial resources and help her regain her abilities to the maximum extent possible. Schiavo has failed in each and every respect.
Terri has the right to be treated with dignity and respect and the right to privacy - rights that are retained by her notwithstanding the appointment of a guardian. Fla. Stat. § 744.3215. Despite this obligation, Schiavo affirmed on national television (Connie Chung, CNN, 11/4/02) that he is an adulterer and has had a child by his mistress. He made a mockery of his marriage to Terri, dismissing it as "a portion of my life" and that he "got on with" his affairs while still claiming to be a loving husband to Terri. When his counsel offered on this same show a veritable advertisement for adultery, Schiavo sat quietly by in condoning silence.
Fidelity is a key component of the respect and dignity that our society expects one spouse to afford the other; yet, this guardian believes that Terri’s disability releases him of his legal and moral responsibility. Indeed, the sanctity of his marriage, once espoused by Schiavo when it was in his financial interest to do so, is now publicly denigrated in heartless fashion.
Having expended almost all of Terri’s money in an attempt to kill1/ her rather than rehabilitate her (see below), this self-styled champion of her right to privacy has made clear that he has no regard for, and will not protect, Terri’s rights of privacy, dignity and respect. In addition to the public humiliation for Terri caused by both Schiavo’s nationally-televised statements and his public conduct, Schiavo has further condoned assaults on Terri’s privacy and dignity by his counsel who, in local and national media, has declared that Terri is no better than a house plant.
Terri deserves what any woman would want in these circumstances - the right to divorce this adulterer. Yet, Schiavo has failed to request authority from this Court to initiate the obvious petition. See Fla. Stat. § 744.3215(4)(c) (2002). There has been a de facto dissolution of this marriage which, in equity, should eliminate Schiavo’s suitability as Terri’s guardian.2/ In fact, Schiavo is Terri’s

husband in name only, and it is upon that legal relationship that his right to be her guardian is based.

Terri also retains the right to be protected from exploitation, which includes the misuse of guardianship duties. Fla. Stat. §§ 744.3215(d) and 415.102(7). Another aspect of Schiavo’s media activities is that the appearance on the above- referenced national television show was, at least in part, for the purpose of promoting his counsel’s book.3/ To the extent that Schiavo has received any direct or indirect consideration from Mr. Felos or third parties for this or similar activity, it would constitute a misuse of Schiavo’s guardianship role and an exploitation of the ward. In the absence of such consideration, it nonetheless suggests the appearance of impropriety and is a further affront to the dignity of the ward.
Terri has the absolute right to receive necessary services and rehabilitation. Fla. Stat. § 744.3215 (2002). Schiavo has affirmatively prevented Terri from receiving these services from her caregivers. Further, he has confined her to the "death row" of Hospice for over two years while the appeals in this case have
been pending, instead of leaving her in a nursing facility where she would receive the services and rehabilitation required by law.4/

Instead of fulfilling his duty to develop Terri’s abilities, Schiavo has at every turn attempted to increase her incapacity through the denial of basic health and rehabilitative services such as range of motion therapy, other physical therapy, orthopaedic evaluations and treatment, speech therapy, standard diagnostic tests and procedures, gynecological care, dental care, rehabilitation evaluations and cognitive therapy, as testimony in the recent evidentiary hearing revealed.
Schiavo has systematically isolated Terri and deprived her of sensory input.5/ Terri has the absolute right to receive visitors and communicate with others. Fla. Stat. § 744.3215. This right has been unlawfully and cruelly restricted by Schiavo, who has prevented visitors of whom he does not approve from seeing Terri, according to his own capricious and unreviewed bent.
He has prevented the flow of non-verbal communication between Terri and her parents and siblings by instructing her caregivers to give no such information about Terri’s behavior to her family.
Terri has the right to receive "palliative care" which is the comprehensive management of the physical, psychological, social, spiritual, and existential needs of the patient. Fla. Stat. § 765.102. This right is not limited to those with incurable or progressive illnesses.
As is reflected in each annual plan filed by him, Schiavo has made no attempt to provide such comprehensive care.
Knowing that Terri wants to get better, and would have always chosen rehabilitation over death, Schiavo consented, on Terri’s behalf, to an experimental medical procedure - the implantation of an electrode in her brain in December, 1990 in San Francisco.
However, this was yet another violation of his duties as guardian, because such consent was given by him without the necessary prior approval of the Court. Fla. Stat. § 744.3215(4). Now that it is no longer in Schiavo’s financial interest for Terri to receive treatment that could improve her condition, he is yet again violating his duty as her guardian by (a) ignoring and misrepresenting her wishes regarding potentially helpful treatment and (b) refusing to consent to treatment that could be beneficial to Terri.
The guardian is required by law to prepare and present an annual plan. Fla. Stat. § 744.3675. Throughout his tenure as guardian, Schiavo has filed the annual plans late or not at all, and has provided incomplete and inaccurate information. The Court recently signed yet another order permitting postponement of the filing of an annual plan.
Schiavo has failed to report, and affirmatively concealed, from this Court information concerning Terri’s awareness of her environment and her attempts at communication. Knowing that the attending physician and others would rely on information supplied by Schiavo as a basis for continuing to state an unchanged diagnosis, Schiavo has intentionally withheld information concerning Terri’s true condition: that she is conscious, aware and can swallow.
In a further attempt to conceal the truth from this Court, Schiavo has closely controlled access to Terri’s medical records and caregiver information in an attempt to prevent Petitioners from presenting additional evidence that Terri is conscious and is not receiving the medical and rehabilitative services that she requires and deserves.
Schiavo has reported in annual reports that Terri was receiving all medical services recommended by the physicians, but has actually forbidden treatment of any kind.
In his annual reports, Schiavo has completely failed to prepare and present any plan for the provision of medical, mental health, and rehabilitative services in the coming year as required by Fla. Stat. § 744.3675 (1)(b)(3, and has
falsely stated that Terri could not benefit from physical therapy and other rehabilitative therapies.

The Adult Protective Services Act (Chapter 415 of the Florida Statutes) affords protection to disabled persons from abuse, neglect and exploitation, and Terri is entitled to the protections afforded by this law.
"‘Abuse’ means any willful act or threatened act that causes or is likely to cause significant impairment to a vulnerable adult's physical, mental, or emotional health. Abuse includes acts and omissions." Fla. Stat. § 415.102(1)(2002). Schiavo’s isolation of Terri and refusal to provide adequate physician attention, rehabilitative services, dental care and other medical services constitutes abuse within the meaning of the Adult Protective Services Act as well as the guardianship statutes. Schiavo has failed to properly supervise the care provided by Hospice as is most recently illustrated by the fact that someone turned the thermostat in her room down to 64 degrees.6/
"Neglect" means the failure to provide care, supervision and services necessary to maintain the physical and mental heath of the vulnerable adult, including, but not limited to, medicine and medical services that a prudent person would consider essential to the well-being of a vulnerable adult. Fla. Stat. §415.102 (15)(2002). It further means the failure to make a reasonable effort to protect a vulnerable adult from the abuse, neglect or exploitation of others. Id. Schiavo has neglected Terri by failing to meet the essential requirements for Terri’s physical health and safety and by failing to develop her abilities and by medically sequestering her. He has scheduled insufficient physician’s attention for Terri who is prone to potentially lethal urinary tract infections. He has provided no speech, cognitive, physical or other rehabilitative therapy and has prevented caregivers from doing so.
Schiavo has year after year provided professional medical treatment to Terri that he describes in his annual reports as: "None."
Abuse of His Powers - Fla. Stat. § 744.474 (2)

The failures of Schiavo to discharge his duties as alleged above are not merely acts of omission; they are acts of commission that constitute an abuse of power, as well. Schiavo’s approach to his guardianship role is part of an overall scheme designed to serve solely the interests of Schiavo at Terri’s expense.
This scheme of abuse, neglect and exploitation includes the provision of certain care and testimony prior to receipt of a substantial medical malpractice award in early 1993, all of which was designed to cast Schiavo in the role of the loving, devoted husband who would spare no expense to see to the medical and rehabilitative needs of his wife for a long, full lifetime.7/

26. After receipt of the award, Schiavo’s conduct includes every attempt to facilitate the death of Terri before the money ran out.8/

27. Schiavo’s attempts to increase Terri’s disability continue, in that Terri has been isolated, information has been withheld from her loved ones, she has been denied basic health and rehabilitative services, her dental, gynecological, and orthopaedic care have been neglected, and her attending physician’s visits have been reduced to only three a year, if that. The reduction in the attention of a physician, under Schiavo’s direction, is particularly insidious because Terri is prone to urinary tract infections, but no medical precautions are taken to identify such infections at an early stage.

28. Indeed, according to Dr. Gambone, her treating physician, no medical attention is provided for such a dangerous infection unless Terri manages to "convince" the nursing staff to call the doctor, a difficult task for one who has received no rehabilitation to enhance her communicative skills.

29. A guardian may exercise only those rights that have been removed from the ward and delegated to the guardian. Fla. Stat. § 744.361 (1) (2002). Nonetheless, Schiavo has abused his position as guardian by directing her caregivers and physicians to deprive her of rights that are retained by Terri under Fla. Stat. § 744.3215, including the right to receive necessary services, rehabilitation and the companionship of others.

The Wasting, Embezzlement, or Other Mismanagement of the Ward’s Property and the Improper Management of the Ward’s Assets - Fla. Stat. §§ 744.474 (7) and 744.474 (16)


30. The management of the ward’s assets has largely been kept a secret and is protected by seal of this court. Nonetheless, what is revealed in this record is that while exhausting Terri’s money for the purpose of killing her, not one red cent could be found by Schiavo to enhance the quality of her life after receipt of the malpractice award. The use of almost $500,000 of guardianship funds for attorney’s fees and costs and the expenditure of nothing for therapy that would reduce the pain of contractures, enhance Terri’s ability to swallow, or facilitate recovery of basic abilities is the grossest form of asset mismanagement.

31. Schiavo’s decision to hold Terri at Hospice after it was clear that she was not "terminal" within Medicare guidelines was an improper use of the ward’s assets.9/ Terri’s attending physician, Dr. Victor Gambone, agreed at the evidentiary hearing before this Court in October, 2002, that Terri is not terminal and is not in any sort of crisis.

Development of a Conflict of Interest Between the Ward and the Guardian - §744.474 (11)

32. Serious conflicts of interest have arisen since the appointment of Schiavo as guardian. This guardian is not independent and impartial as required by Fla. Stat. § 744.446 (1), and Schiavo has used his fiduciary relationship to advance his private gain at the expense of Terri’s life. Schiavo admitted in his petition to withhold Terri’s food and hydration, dated May 8, 1998, that he will inherit the Ward’s estate and further admitted the likelihood that he would remarry.10

33. This is more than a likelihood now. Schiavo has moved in with his mistress and fathered her baby. The Second District Court of Appeal noted in this case that "there may be occasions when an inheritance could be a reason to question a surrogate’s ability to make an objective decision." In re Schiavo, 780 So.2d 176, (Fla. 2d DCA 2001)("Schiavo I"). There is now more than an inheritance at stake: a baby will continue to be denied a legally- recognized father every day that Terri lives.

34. Schiavo has repeatedly claimed that divorce will never be an option for him. This leaves only one option for his life plans: Terri’s death.

35. The conflict of interest arising from the fact that Schiavo will inherit Terri’s estate has not decreased as the guardianship fund has dwindled. There are other valuable assets of the estate, including Terri’s engagement and wedding rings that Schiavo has already appropriated to his own use by making jewelry for himself.11/

36. Schiavo’s recent involvement in the promotion of his counsel’s book raises Schiavo’s interest in Terri’s image and likeness which he has vigorously sought to preserve for her estate in the guise of protecting her privacy from unwanted intrusion but which may, instead, be groundwork to use her image and likeness for commercial gain after her death.

37. Furthermore, divorce may not be an attractive option for Schiavo, given the likelihood that he would be ordered to pay permanent alimony to help defray the cost of Terri’s care.

38. Testimony given during the October, 2002, evidentiary hearing in this case raises a question concerning the unexplained cause for Terri’s extraordinarily rigid neck, first noted when she presented at the emergency room after her collapse in February, 1990. This, together with a 1991 bone scan report that refers to a history of trauma, creates the need to further investigate the cause of the original injury, her care in the interim, and the effect of these injuries on the current diagnosis and prognosis for recovery.

39. Because Schiavo was alone with Terri at the time of the original injury and has been responsible for her care in the interim and in most cases has been the sole source of information about Terri’s history for her caregivers, there is an obvious and impermissible conflict of interest demonstrated by this failure to investigate these matters.

Guilt of an Offense Prohibited Under Fla. Stat. §§ 435.03 and 744.474 (12)


40. Schiavo’s record residence is a home that, according to his deposition testimony, he owns and lives in with his "girlfriend." This is the same girlfriend who he admitted is the mother of his baby as discussed on the above-referenced national television program. This conduct is a violation of Fla. Stat. § 798.01, which makes living in open adultery a misdemeanor, and § 798.02, which similarly proscribes lewd and lascivious cohabitation.

41. Lewd and lascivious cohabitation is an offense prohibited under Fla. Stat. § 435.03, and Schiavo’s admissions to the requisite elements of this offense should be found to be guilt that disqualifies him as Terri’s guardian.12/

42. Furthermore, Schiavo’s abuse, neglect and/or exploitation of Terri, a vulnerable adult, should be found to be conduct prohibited by Fla. Stat. §§ 435.03 and 415.111.


Material Failure to Comply with the Guardianship Report - Fla. Stat. § 744.474(13)


43. The guardian is required by law to implement the guardianship plan. Fla. Stat. § 744.361 (4). As alleged herein, Schiavo has consistently failed to implement the guardianship plans in that he has committed to this court that Terri would receive necessary medical care and services when, in fact, such care and services have not been provided.

44. The most recent annual plan contains promised medical services and evaluations that are to obtained "without undue delay." Nine months later, these things have not been accomplished.


Failure to Comply with the Rules For Timely Filing Guardianship Reports - Fla. Stat. §744.474 (14)


45. Throughout his tenure as guardian, Schiavo has repeatedly failed to comply with the rules for the timely filing of guardianship reports. Such reports have been either omitted or not filed on a timely basis, requiring the issuance of more than one order to show cause.

Failure to Fulfill the Guardianship Education Requirements - . §744.474 (15)


46. For over a decade, Schiavo flouted the guardian education requirements. His failure to receive the requisite education was an intentional act and did not arise from any ignorance of the requirement. This is further evidence that Schiavo has not taken his obligations to Terri seriously and is unsuitable as a guardian.


After Appointment, the Guardian Has Become a Disqualified Person as Set Forth in Fla. Stat. §§ 744.309 (3) and 744.474 (18)


47. Since his appointment as guardian, Schiavo has become a disqualified person within the meaning of Fla. Stat. § 744.309 (3), as set forth below.

48. Schiavo has demonstrated through repeated and gross failures to comply with the law that he is incapable of discharging the duties of guardian.

49. Schiavo is guilty of offenses prohibited under Fla. Stat. § 435.03.

50. Conflicts of interest exist which prevent Schiavo from being independent and impartial as required by Fla. Stat. § 744.446.




WHEREFORE, Petitioners respectfully request that Michael Schiavo be removed as guardian and that Robert Schindler, Jr., or Suzanne Schindler Carr be appointed guardian of Theresa Marie Schiavo.

___________________________ Respectfully submitted,

ROBERT SCHINDLER



Any more questions???

[Legerdemain]

A daughter

Then I suggest that Terri or her sue the state regarding this bogus law..........

She still has no horse in this race...keep trying

[Deep_6]

Re:
"...There must be criteria for removal of life support. (it can be argued that food is not "life support" in the traditional sence of the term). The criteria should be that a written will must be required...."

You're absolutely correct. It's called a "living will" and in its absence, the decision
is at the hands of your spouse, then next of kin. In the absence of either, the
courts will make the decision based on credible medical information alone. In
all situations, a complete medical diagnosis/prognosis is absolute.

In Terri's situation, all criteria were met.

 

[supercat]

I haven't read the entire thing. It looks like they are trying to delete the LEWD AND LASCIVIOUS BEHAVIOR portion of the Background Screening that is REQUIRED at THIS TIME of all guardians. LEWD AND LASCIVIOUS BEHAVIOR is defined as openly cohabiting with someone who is not one's spouse.

Has Michael's cohabitation been brought up in court in a petition to disqualify him as guardian? I hadn't realized lewd and lacivious behavior was defined to include cohabitation, but since it is that would seem to be an absolute slam-dunk against Michael's guardianship.

[sport]

Michael himself knows that the bs you are spouring about Terri's condition is just that, bs.

Else he would have no problems with having her video taped and given swallow tests, among others. Because if she failed these tests and was as bad off as he, you, and the media portray her, it would win his case. Hands down.

As it is , you both know what you are.