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To: Ohioan from Florida
Also found this:

744.391 Actions by and against guardian or ward.--If an action is brought by the guardian against the ward, or vice versa, or if the interest of the guardian is adverse to that of his or her ward, a guardian ad litem shall be appointed to represent the ward in that particular litigation. In any litigation between the guardian and the ward, a guardian ad litem shall be appointed to represent the ward. If there is a conflict of interest between the guardian and the ward, the guardian ad litem shall petition the court for removal of the guardian. Judgments in favor of the ward shall become the property of the ward without the necessity for any assignment by the guardian or receipt by the ward upon termination of guardianship. The guardian may receive payment and satisfy any judgment in behalf of the ward without joinder by the ward.

History.--s. 1, ch. 74-106; s. 64, ch. 89-96; s. 1097, ch. 97-102.

Note.--Created from former s. 744.61.

178 posted on 10/13/2003 9:58:58 PM PDT by Ohioan from Florida
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To: Ohioan from Florida
I found this
765.309 Mercy killing or euthanasia not authorized; suicide distinguished.--
(1) Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.

180 posted on 10/13/2003 10:03:12 PM PDT by dixiegrrl
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To: Ohioan from Florida
And this, too. It seems Pat Anderson has been trying all these venues and Greer should have allowed new testimony in at any time. The law recognizes that Terri could regain even parts of her capacity, and should be allowed judicial review, based on that alone. Of course, if you are Greer and don't go to see the ward yourself, everything is based on hearsay. I'm probably just rambling at this point, so forgive me if I'm not making any sense. Here's another statute:

744.3715 Petition for interim judicial review.--

(1) At any time, any interested person, including the ward, may petition the court for review alleging that the guardian is not complying with the guardianship plan or is exceeding his or her authority under the guardianship plan and the guardian is not acting in the best interest of the ward. The petition for review must state the nature of the objection to the guardian's action or proposed action. Upon the filing of any such petition, the court shall review the petition and act upon it expeditiously.

(2) If the petition for review is found to be without merit, the court may assess costs and attorney's fees against the petitioner.

History.--s. 56, ch. 89-96; s. 41, ch. 90-271; s. 1092, ch. 97-102.

744.372 Judicial review of guardianships.--The court retains jurisdiction over all guardianships. The court shall review the appropriateness and extent of a guardianship annually and:

(1) If an objection to the terms of the guardianship report has been filed pursuant to s. 744.367;

(2) If interim review has been requested under s. 744.3715;

(3) If a person, including the ward, has filed a suggestion of increased capacity; or

(4) If the guardianship report has not been received and the guardian has failed to respond to a show cause order.

History.--s. 57, ch. 89-96; s. 42, ch. 90-271.

181 posted on 10/13/2003 10:06:53 PM PDT by Ohioan from Florida
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