"Florida law states that a judge can not act as a guardian of someone who's case they are deciding. Judge Greer did this, which was a violation of that Florida statue."
Wrong. Judge Greer acted as a surrogate, not a guardian. Any Judge who must make a decision as to what an incapacitated individual would want themselves has to act as a surrogate. This situation was reveiwed by the District Court of Appeal and was not found to be an improper function of the Court.
"Florida law states that a guardian must final an annual plan, detailing both the financial and care proved the ward. MS did not do this, which was a violation of that Florida statue."
Perhaps at best a technical violation of an overly strict interpretation of the statute. It should be kept in mind that the situation was in almost perpetual flux as a result of the constant litigation. The issues being adjudicated directly impinged upon those items that would be included in any annual plan. Being that the guardian applied to the Court for a determination of factors that would directly affect any plan the guardian might posit to the Court, it would have to have been difficult if not outright impossible to propagate any realistic plan. The Court certainly was aware of the contemporaneous situation of the ward and was able to supervise and approve of any actions of the guardian.
No harm- no foul.
"Greer has allowed Michael to unlawfully place Terri in a Hospice and engage in a Medicare and Medicaid fraud. She is not terminal and the "certification" presented was not done lawfully.
Greer "allowed" Michael Schiavo to place his wife in a hospice because her doctor(s) recommended and approved the placement. The certification was indeed lawful. Even if you are asserting that the certifying doctor didn't sign the paperwork, I would remind you that many times a doctor does not sign a prescription that is filled either. As in the case of a prescription, the doctor "called in" his certification to the Hospice. Michael Schiavo could not admit her pursuant to his own wishes.
Terri Schiavo didn't die within the allotted six month time frame as dictated in the Medicare and Medicaid hospice requirements, however that is not the fault of either the doctor's or Michael Schiavo. It is the result of protracted litigation on the part of the Schindlers. That notwithstanding there are thousands of cases each year that the patient expected to expire within six months survives longer than the Medicare/Medicaid time constraint.
I would keep in mind that there is nothing shy about the Social Security Administration when it comes to prosecuting fraud cases. The fact that there have been no charges forthcoming speaks volumes in this matter.
"Greer took campaign contributions from MS's lawyers. In most courts I know of, this is an almost instant and immediate reason for a judge recusing himself from those attorney's cases. Greer did not do this, refusing five requests for his recusal."
Judge Greer did not accept campaign contributions from "MS's" lawyers, a campaign committee did. That committee held the funds and also supervised the use and disbursement of those funds. They also reported the contributions and who made them to the election commission. This is entirely legal under Florida Law and is not grounds for recusal. This is the same situation which exists in most if not all of the various states, including very likely your own state.
Thank you, daylate. Perfect, as usual. Sorry I got sidetracked last night, MrDem.
Nothing to add, other than that the "guardian" (surrogate) question was answered directly and clearly by the Florida 2DCA, and I've also seen a lot of attorney freepers here say the contribution thing is very common.
I'm only answering pings from now on, unless something jumps out at me after I hit post. lol
Happy Monday, everyone. : )
Very well written, detailed response. You are a credit to WPPFF. One of the few who Lives the Manifesto.