Judge Lets Parents Challenge Custody of Terri Schiavo

Tampa Bay Online ^ | November 5, 2003 | AP

[sweetliberty]

CLEARWATER, Fla. (AP) - A state circuit judge Wednesday refused to block an effort by the parents of a brain-damage woman to try to get her husband removed as her legal guardian. Attorneys for Michael Schiavo now have to respond in court to charges in the petition that he withheld proper care and therapy from his wife, Terri Schiavo, and that he has a conflict of interest because he's in a romantic relationship with another woman.

Bob and Mary Schindler, parents of Terri Schiavo, asked Circuit Judge George W. Greer to appoint Terri's brother or sister as guardian instead.

Schiavo had asked for the Schindler's request to be dismissed, but Greer refused.

In the past, Greer has repeatedly affirmed Michael Schiavo's legal right to remove Terri Schiavo's feeding tube and allow her to die, as he says she would have wished.

The guardianship issue is a sidebar to what is likely to be a major legal battle over a hastily passed state law that let Gov. Jeb Bush order the reinsertion of Terri Schiavo's feeding tube Oct. 21.

Michael Schiavo's attorney, with backing by the American Civil Liberties Union, has challenged the constitutionality of the law.

[FR_addict]

"I think the problem is that almost nobody is prosecuted under that statute, and indeed nobody would stand for widespread prosecutions under that statute. "

The 435.03 statute is under employment in the state of Florida.

TITLE XXXI LABOR Ch.435-452
Chapter 435 EMPLOYMENT SCREENING
435.03 Level 1 screening standards.--

(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.

It is one of the reasons for not hiring someone to work for the state of Florida, not to prosecute Michael for cohabitation. I guess guardianships fall under the employment statute in the state of Florida.

[Ohioan from Florida]

Terri has been provided at least minimal care, so things could get a little murky imo.

While it may be true that Michael paid for minimal care, the removal petition brings to the judge's attention that Michael may not have provided for therapy appropriately. That IS against the Florida statutes, and it is spelled out in the petition exactly where it's stated in Florida law that the guardian is responsible for seeing to it that the therapy is not only ordered but received as well.

While Michael will be able to sideswipe some of the issues, the ones he will have a hard time coming up with answers for are things like dental care, routine gynecological exams, range of motion therapy, even stuff to help with the pain from contractures. That kind of care is up to the guardian to ensure that it's happening, cause if it's not and the guardian doesn't pipe up about it, then it's his rear end on the line, not the caregiver's.

I'd be surprised to see Michael be able to cook up the books that well, but with his hospice connections, anything's possible. I think it may partly depend on how much time they have to respond to the charges, and hopefully that is no more than about 10 days. We'll see. I'm praying for another miracle that Michael goes down flaming this time. Perhaps he will be so tired of this whole thing that he'll allow the guardianship to be removed without any further ado. I'm not holding my breath, but Michael could cave in soon.

[FR_addict]

I'm looking forward to the time when Felos can no longer collect his fees from Terri's funds. If Michael is removed soon, then he may not be able to go to court to fight against Terri's law.

[Aliska]

That's kind of vindictive talk. My only hope is to get Terri under the care of her family and let the other stuff go. I'm sure a lot of it is being looked at, but I'd be surprised if anybody does any jail time over any of this, mainly for political reasons. Probably ain't gonna happen.

[Salvation]

I pray that her parents can care for her.

[drlevy88]

BTW, if the judge is trying to follow the law, he should also ask why Michael's behavior isn't a violation of (section number) that prohibits guardians from engaging in sexual cohabitation.

har har har mikey you have dug your own pit now sleep in it. of course mikey could fix the problem by divorcing terri and marrying jodi, but unless he can do that overnight he will get bumped as guardian.

[supercat]

It is one of the reasons for not hiring someone to work for the state of Florida, not to prosecute Michael for cohabitation. I guess guardianships fall under the employment statute in the state of Florida.

One difficulty is that the standard isn't that the person not engage in certain conduct, but rather that the person never have been prosecuted for such conduct. When the conduct in question is rarely prosecuted, that would suggest that perhaps it would be better to introduce a new standard. For example, require that--with a few exceptions(*)--guardians, before accepting guardianship swear that they will not engage in the listed forbidden conduct without first relinquishing guardianship, and acknowledge that there are penalties for violating that oath. Then yearly, require that they affirm that they have not engaged in such conduct during the tenure of their guardianship and will not do so in future (unless, as noted, they choose to relinquish it). Failure to take the renewal oath would not subject the guardian to criminal penalties, but would terminate the guardianship.

(*) I would allow exceptions to the cohabitation rule in case (1) there is no other potential guardian who is as near to the ward by blood than the proposed guardian, and (2) the proposed guardian was involved in the particular cohabitative relationship at the time the guardianship became necessary. If someone's parents are killed and their only aunt/uncle is living with her/his fianc&eactue;e, that shouldn't disqualify that relative from becoming guardian.

[Coral Snake]

My guess is that the Schindlers want to keep her at home and sell all the whore assets for rehab money since that was spent on death lawyers.

Guns, Linux and Liberty. ;c)

[Wampus SC]

"If Pat Anderson can depose Michael, that should be very interesting! He will have to account for his lies. Pat asked Judge Greer to recuse himself because a woman came forward to swear that the judge had discussed the case with her."

All right! What I wouldn't give to be an invisible observer at that deposition. Michael has made so many conflicting statements, and he's already shown he can't always keep them straight. This would be the time he could get in serious trouble when he slips up.

I hope Pat Anderson has a chart of his conflicting statements to refer to.

I'm no lawyer, but I'd also think Greer might have a big problem if it's shown that legally he should have recused himself, but didn't.

[drlevy88]

How many of the Pubbies will go for it? The FLeg would have to override a near certain Jeb Bush veto.

[drlevy88]

Perhaps this will happen, though it is sad that it took so hideously long to lower the boom on these worms.

[cyn]

Second the nomination for post #13 by Krodg as post of the day:

As to who's paying???...Terri is paying to have herself killed and the parents aren't charging you, so why should you care?

Sad, but true. Well put, Krodg.

[Coral Snake]

I tend to think it is about BOTH. The "Gay Rights" agenda and the "Death Culture" agenda are both a part of the DEVIL'S agenda!!!! The "Death Culture" crowd could easily be using the "Gays" to continue to get at Terri and disguise where the attack is coming from. All of this is just more proof that Felos is on Free Republic as one of the trolls as far as I'm concerned.

[pickyourpoison]

He has a real way with words doesn't he?

And I'm sure he has a real concept of the words LOW
and TRASHY.

[pickyourpoison]

That's what I think too. Also he wants her immediately cremated.
It seems he doesn't want to account for the money
or an examination of her body.
Smells real fishy.

[livius]

I think he's doing well - he's maintaining a low profile, so that no one can refocus this on him as a political issue rather than a justice issue. There are many Dems here (and, as we all know, Dems are pro-death in every situation except capital punishment) who would love to take the focus off Terri and try to portray this as a political act by the dread pro-life Bush Brothers...

The pro-death faction has, in fact, already tried this tactic, but from what I can see, it hasn't really gotten off the ground. I'm sure there's a lot of legal work going on behind the scenes, on the part of Jeb's staff, and he himself certainly seems to be keeping current on the situation. But I think it's very wise not to let the focus get shifted away from the enormous injustice that is being done to a young handicapped woman by people with a vested interest in her death and a court system that will not rescue her.

The fact that Greer decided to review the guardianship situation (after having refused to do so several times in the past) indicates to me that Bush's approach is having some positive effect. We shall see...

[FR_addict]

"I tend to think it is about BOTH. The "Gay Rights" agenda and the "Death Culture" agenda are both a part of the DEVIL'S agenda!!!! "

The Death Culture agenda is definitely at work here, but I don't see this as part oh the Gay Rights Agenda. I do not agree with many of the Gay Rights agenda items, such as recognizing their unions as marriages, lowering the age of consent, or allowing gays to adopt children, but I don't see a connection here.

[sisterjforteri]

God is working in mysterious ways again! Great news!!!

[agrace]

Thank you, but they're not mine, they're from the article I linked to. :) I can't even imagine having to re-learn what seems like such natural actions and how frustrating it must be. Thank God you've recovered.