[FreepinforTerri]

During the last 10 years, the following "Retained Rights" of THERESA MARIE SCHINDLER-SCHIAVO have been Knowingly, Willfully, Flagrantly, and Admittedly ABUSED, IGNORED and DENIED by:

Pinellas Circuit Judge George Greer. The State Attorneys Office, Pinellas County Sheriff's Department, Pinellas Park Police Department, Florida State D. C. F. – Division of Adult Protective Services

These officials USE the separation of Civil and Criminal jurisdiction. We say, when it comes to LIFE and a vulnerable disabled persons inability to protect themselves, it's these "trusted" officials JOB to protect and ensure every citizen receives all that is rightfully theirs -- THEIR RIGHTS!

The 2002 Florida Statutes TITLE 43 -- DOMESTIC RELATIONS CHAPTER 744 -- GUARDIANSHIP

744.3215 Rights of [Terri] persons determined incapacitated.- (1) A person who has been determined to be incapacitated retains the right: (a) To have an annual review of the guardianship report and plan. (b) To have continuing review of the need for restriction of his or her rights. (c) To be restored to capacity at the earliest possible time. [all to improve; no time limit] (d) To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation. [no fresh air, sunshine, gifted flowers, radio, television, or use of HER money for rehabilitation] (e) To have a qualified guardian. [not the adulterous, negligent, exploitive, killer 'husband'] (f) To remain as independent as possible, including having his or her preference as to place and standard of living honored, either as he or she expressed or demonstrated his or her preference prior to the determination of his or her incapacity or as he or she currently expresses his or her preference, insofar as such request is reasonable. (g) To be properly educated. [to receive speech therapy, to be taught how to swallow and to use augmentative speech devices] (h) To receive prudent financial management for his or her property and to be informed how his or her property is being managed, if he or she has lost the right to manage property. (i) To receive necessary services and rehabilitation. [she has been repeatedly denied any and all forms of therapy, both preventative and curative since 1991] (j) To be free from discrimination because of his or her incapacity. (k) To have access to the courts. [actions brought to court in efforts by everyone to help her are ignored and unanswered by this Judge] (l) To counsel. [The Court has consistently denied Terri her OWN lawyer, even though it is required by law] (m) To receive visitors and communicate with others. [classmates, workmates, friends, well-wishers, family, any one who tries to help is denied visitation by the adulterous with children (2nd was just born) husband] (n) To notice of all proceedings related to determination of capacity and guardianship, unless the court finds the incapacitated person lacks the ability to comprehend the notice. (o) To privacy. [Terri yearns for stimulation —- all denied by the 'husband', in the name of privacy]

Contact the Florida ACLU at ACLU of Florida 4500 Biscayne Blvd. Suite 340 Miami, FL 33137 (305) 576-2336 General ACLU e-mail: aclufl@aclufl.org

[ex-Texan]

*BUMP*!

[laweeks]

Did I read right, or is there some concern about how this poor soul got into this condition . . . like maybe her husband who wants her cremated instantly might have had something to do with her falling into this state? And that maybe if she ever snapped out of this (which is doubtful) she might have plenty to say?

In any case, let's hope that she gets nourishment back into her system, and let's hope those that want her done it will leave her alone. This whole thing is nutty.

[concerned about politics]

I read where a disabled group is calling for an investigation? I suppose this would be a very important issue for them. They're next! Many of them have tubes.

[MHGinTN]

Well done! And thanks for pulling these together.

[Gelato]

BUMP!

[Humidston]

I noticed that you're new around FR, so I don't know if you belong to one of Terri's team. So just in case you do, please be advised it's time for you guys to take the offense with that sleeze Michael and his Karma-buddy Felos.

Go after Michael! Fall on him like a ton of bricks! So much of this fight goes back to his claim that Terri told him she didn't want to be kept alive on life support. But then I read that he only (conveniently) remembered that detail after Felos got on his payroll. Not certain this is accurate, but if so or if there was a period when he wasn't making this claim, PUBLICIZE IT.

Also Terri's friend who knew they were fighting the day Terri was injured. Trot this stuff out in the open! I hear the AARP is now on the bandwagon. All the lefties are coming out of the closet and you need to head off the assault before it becomes a stampede!

Many here are praying and emailing for Terri. Don't let us down, ok? We need to get her HOME WITH HER FAMILY and away from that slob she married! (And can she divorce him??)

And GET AN ACCOUNTING OF THE MONEY IF YOU CAN.

Ok. I'll stop for now. This thread will take off if enough people see it. Terri threads dominated this place for several days!

[MHGinTN]

I consider Governor Bush's amicus brief filed in Lazzara's court to be more than enough premise upon which to launch an investigation into the abuse and neglect, and the illegal denial of Terri's Federal and State Constitutional rights. That's why I was so disappointed that he allowed her to languish for six days without liquid or food.

[sfRummygirl]

Good job!

[Humidston]

So what can we do to help, FFT? Any ideas?

[concerned about politics]

October 22, 2003

To:

Delegate Bob Marshall

Attorney General John Ashcroft

Reference: Continued Denial of Civil Rights - Terri Schiavo

................"It is a criminal violation to abuse, neglect or exploit a disabled person, all of which have been perpetrated on Terri Schaivo and we petition your immediate intervention and investigation.

Presented by: Debra L. Vinnedge Mary and Bob Schindler Robert Schindler, JR Suzanne Carr William Hammesfahr, MD J.D. Young, MD James Eckart, MD Jay Carpenter, MD Eleanor Dreschel, RN, MS Jana Carpenter, RN, MS Msgr. Thaddeus Malanowski"

If anyone wants to read the whole letter to John Ascroft, (here) it starts about half way down the screen.

[nickcarraway]

BUMP

[NYer]

*FreepinforTerri
Since Oct 23, 2003*

Welcome to FreeRepublic.

TERRI SCHIAVO PING! – let me know if you want on/off this ping list

[Snykerz]

Here is someting else to look into..

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0744/PART06.HTM

It is essential to the proper conduct and management of a guardianship that the guardian be
independent and impartial. The fiduciary relationship which exists between the guardian and the ward
may not be used for the private gain of the guardian other than the remuneration for fees and expenses
provided by law. The guardian may not incur any obligation on behalf of the guardianship which conflicts
with the proper discharge of the guardian's duties.

(2) Unless prior approval is obtained by court order, or unless such relationship existed prior to
appointment of the guardian and is disclosed to the court in the petition for appointment of guardian, a
guardian may not:

(a) Have any interest, financial or otherwise, direct or indirect, in any business transaction or activity
with the guardianship;

(b) Acquire an ownership, possessory, security, or other pecuniary interest adverse to the ward;



***(c) Be designated as a beneficiary on any life insurance policy, pension, or benefit plan of the ward******
unless such designation was validly made by the ward prior to adjudication of incapacity of the ward; ******
and


(d) Directly or indirectly purchase, rent, lease, or sell any property or services from or to any business
entity of which the guardian or the guardian's spouse or any of the guardian's lineal descendants, or
collateral kindred, is an officer, partner, director, shareholder, or proprietor, or has any financial interest.

(3) Any activity prohibited by this section is voidable during the term of the guardianship or by the
personal representative of the ward's estate, and the guardian is subject to removal and to imposition of
personal liability through a proceeding for surcharge, in addition to any other remedies otherwise
available.

and this one:
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0744/SEC454.HTM&Title=->2001->Ch0744->Section%20454



Here is the whole page on Guardianship laws:very detailed
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0744/PART06.HTM

[JulieRNR21]

Just got this EMAIL UPDATE with a request to contact AG Charlie Crist:

EMAIL:
This is VERY IMPORTANT, please send this to who ever YOU know is fighting for Terri and helping to save her!!

This Man (Charlie Crist) NEEDS TO INVESTIGATE Michael Schaivo and NOW, he should have done this BEFORE now!

Everyone KEY in on him and tell him Michael Baden, Expert Forensic Pathologist SAID this should have been investigated long ago!!!

Ask him WHY he is SITTING on his HANDS and let him know you are angry and want ACTION on Terri's Behalf and nothing ELSE is acceptable!!! Send the email or fax!! OR both I say we do BOTH if at all possible ... remember he has already been LESS then helpful ... read this about what he did or rather did not do in the past, before you email him. Blessings and a BIG (((HUG))) from me too... Everyone sleep well...Love, Lisa


Crist said the Schindlers had not made a ''persuasive case''
Florida's Attorney General Intervenes in Schiavo Case
From Sarah Foster, reporting for World Net Daily.

Click here.
if you cannot get it by clicking this link...go here
http://terrisfight.org/Framesets/CNewsFrame.htm

Attorney General Charlie Crist
Office of Attorney General
State of Florida
The Capitol
Tallahassee, FL 32399-1050
(850) 414-3990
Fax: (850) 487-2564
Email ag@oag.state.fl.us


FREEPERS: Please ping your lists to this post.......Thanks, Julie

[krunkygirl]

Thank you for locating this and sharing it with all of us--when you read it, and think about the despicable behavior of Michael Schiavo, it breaks your heart and then it makes you ANGRY. How have this "husband" and the Judge and the lawyers all been able to deny Terri these rights for all these years? I do not understand.

[T'wit]

>> Knowingly, Willfully, Flagrantly, and Admittedly ABUSED, IGNORED and DENIED

Now there's a great name for a law firm.

[Ethan_Allen]

I've just spent the last 8 or 9 hours stuck in the Florida Statutes, and posting and highlighting [without the benefit of Front Page(?) excerpts from the law. I was just nearing the end of my project when I finally cross-checked a couple of statutes, and think I hit bonanza. I am getting dizzy and cross-eyed from this, so would appreciate if someone would check the excerpts of the excerpts I was getting ready to post on another thread, and let me know what you think. We have said this many times, but I think I've found the statutes that would disqualify MS from being Terri's guardian SOLELY because of his adultery with the mother of his 1+ children. The way I read it, guardians must pass an 'employment screening test', either a level 1 or a level 2. BOTH DISQUALIFY LEWD AND LASCIVIOUS BEHAVIOR, ONE OF THE DEFINITIONS BEING COHABITING WITH ONE WHO IS NOT YOUR SPOUSE! IF THEY DO NOT PASS THIS TEST, THEY CAN BE DISQUALIFIED FROM GUARDIANSHIP! AM I MISSING SOMETHING? There is actually a little more than the LEWD AND LASCIVIOUS passages, but I am really punchy. Please forgive. Don't want to wast any more time getting this little tidbit out. If you are in a hurry, just scroll down to "*** Check This Out *** (3)DISQUALIFIED PERSONS" and start there. Please see here:

Under GUARDIANS/DISQUALIFIED PERSONS:


"...... 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. [ Was Terri ever a patient at the hospital where Michael Schiavo works? If not...] The court may not appoint a guardian in any other circumstance in which a conflict of interest may occur.

__________________________________________________________

The 2003 Florida Statutes


Title XLIII
DOMESTIC RELATIONS Chapter 744
GUARDIANSHIP View Entire Chapter


CHAPTER 744


GUARDIANSHIP ........

......EXCERPTS:


744.1012 Legislative intent.--The Legislature finds that adjudicating a person totally incapacitated and in need of a guardian deprives such person of all her or his civil and legal rights and that such deprivation may be unnecessary. The Legislature further finds that it is desirable to make available the least restrictive form of guardianship to assist persons who are only partially incapable of caring for their needs. Recognizing that every individual has unique needs and differing abilities, the Legislature declares that it is the purpose of this act to promote the public welfare by establishing a system that permits incapacitated persons to participate as fully as possible in all decisions affecting them; that assists such persons in meeting the essential requirements for their physical health and safety, in protecting their rights, in managing their financial resources, and in developing or regaining their abilities to the maximum extent possible; and that accomplishes these objectives through providing, in each case, the form of assistance that least interferes with the legal capacity of a person to act in her or his own behalf. This act shall be liberally construed to accomplish this purpose.


[under 'Definitions':]


(8) "Guardian" means a person who has been appointed by the court to act on behalf of a ward's person or property, or both.


(9) "Guardian ad litem" means a person who is appointed by the court having jurisdiction of the guardianship or a court in which a particular legal matter is pending to represent a ward in that proceeding.


. (10) "Incapacitated person" means a person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of such person.


(a) To "manage property" means to take those actions necessary to obtain, administer, and dispose of real and personal property, intangible property, business property, benefits, and income.


(b) To "meet essential requirements for health or safety" means to take those actions necessary to provide the health care, food, shelter, clothing, personal hygiene, or other care without which serious and imminent physical injury or illness is more likely than not to occur.....

PART IV


GUARDIANS


744.309 Who may be appointed guardian of a resident ward.....



[*****CHECK THIS OUT******]

(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 [***SEE NOTE BELOW: LEWD AND LASCIVIOUS BEHAVIOR!!!]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.......


1 744.3135 Credit and criminal investigation.--The court may require a nonprofessional guardian and shall require a professional or public guardian, and all employees of a professional guardian who have a fiduciary responsibility to a ward, to submit, at their own expense, to an investigation of the guardian's credit history and to undergo level 2 background screening as required under s. 435.04. The clerk of the court shall obtain fingerprint cards from the Federal Bureau of Investigation and make them available to guardians. Any guardian who is so required shall have his or her fingerprints taken and forward the proper fingerprint card along with the necessary fee to the Florida Department of Law Enforcement for processing. The professional guardian shall pay to the clerk of the court a fee of $5 for handling and processing professional guardian files. The results of the fingerprint checks shall be forwarded to the clerk of court who shall maintain the results in a guardian file and shall make the results available to the court. If credit or criminal investigations are required, the court must consider the results of the investigations in appointing a guardian. Professional guardians and all employees of a professional guardian who have a fiduciary responsibility to a ward, so appointed, must resubmit, at their own expense, to an investigation of credit history, and undergo level 1 background screening as required under s. 435.03, at least every 2 years after the date of their appointment. At any time, the court may require guardians or their employees to submit to an investigation of credit history and undergo level 1 background screening as required under *******s. 435.03. The court must consider the results of these investigations in reappointing a guardian. This section shall not apply to a professional guardian, or to the employees of a professional guardian, that is a trust company, a state banking corporation or state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state....


744.3135 Credit and criminal investigation.--The court may require a nonprofessional guardian and shall require a professional or public guardian, and all employees of a professional guardian who have a fiduciary responsibility to a ward, to submit, at their own expense, to an investigation of the guardian's credit history and to undergo level 2 background screening as required under *****s. 435.04. The clerk of the court shall obtain fingerprint cards from the Federal Bureau of Investigation and make them available to guardians. Any guardian who is so required shall have his or her fingerprints taken and forward the proper fingerprint card along with the necessary fee to the Florida Department of Law Enforcement for processing. The professional guardian shall pay to the clerk of the court a fee of up to $7.50 for handling and processing professional guardian files. The results of the fingerprint checks shall be forwarded to the clerk of court who shall maintain the results in a guardian file and shall make the results available to the court. If credit or criminal investigations are required, the court must consider the results of the investigations in appointing a guardian. Professional guardians and all employees of a professional guardian who have a fiduciary responsibility to a ward, so appointed, must resubmit, at their own expense, to an investigation of credit history, and undergo level 1 background screening as required under s. 435.03, at least every 2 years after the date of their appointment. *****At any time, the court may require guardians or their employees to submit to an investigation of credit history and undergo *****level 1 background screening as required under ***s. 435.03. The court must consider the results of these investigations in reappointing a guardian. This section shall not apply to a professional guardian, or to the employees of a professional guardian, that is a trust company, a state banking corporation or state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state.......

__________________________________________________________

The 2003 Florida Statutes


CHAPTER 798


ADULTERY; COHABITATION


798.01 Living in open adultery.


798.02 Lewd and lascivious behavior.


798.01 Living in open adultery.--Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.


History.--s. 1, ch. 1986, 1874; RS 2595; GS 3518; RGS 5406; CGL 7549; s. 772, ch. 71-136.


***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&URL=Ch0798/ch0798.htm


TITLE XXXI


LABOR


CHAPTER 435


***EMPLOYMENT SCREENING


435.01 Applicability of this chapter.--Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of this chapter shall apply.


History.--s. 47, ch. 95-228.


435.02 Definitions.--For the purposes of this chapter:


(1) "Employee" means any person required by law to be screened pursuant to the provisions of this chapter.....


1 ******435.03 Level 1 screening standards.-- [*****QUALIFICATIONS FOR GUARDIANS******]


(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:.......


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


(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....


(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. [SEE TERRI'S BONESCANS AT TERRI'S WEBSITE TERRISFIGHT.ORG]


****SCREENING LEVEL 2:

*****435.04 Level 2 screening standards.--

(1) All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of this subsection, security background investigations shall include, but not be limited to, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies.

(2) The security background investigations under this section must ensure that *****no persons subject to the provisions of this section 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:.......



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

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



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

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

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







[MANY MORE DISQUALIFICATIONS. SEE AT LINK http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0435/ch0435.htm


(o) Section 798.02, relating to lewd and lascivious behavior. (p) Chapter 800, relating to lewdness and indecent exposure.

[floriduh voter]

MORE FREEPINFORTERRI TO DO STAT. Please see my posts about TV personality John Wilson, Ch. 13. He's been masquerading as a Christian his entire career. Who knew he was a hypocrit? FV

[pollywog]

bump and passing it on!