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.

[Theodore R.]

Yes, the Death Culture and the Gay Rights culture are not just related but intertwined. Homosexuality leads to death with no progeny. So if it suffers a few setbacks along the way, the Death Culture can still claim victory with Americans' now favorable attitudes toward homosexuality. In many ways, all of these liberal "isms" are related.

[FR_addict]

"Yes, the Death Culture and the Gay Rights culture are not just related but intertwined."

I still don't see any connection with the Gay Rights Agenda.

I think we should stay on target with the Death Culture Agenda and the ACLU Agenda.

[Diva Betsy Ross]

Then you really have not been following this case. This isn't just about Terri.

It is about you and me, this country, what we will accept from the Death culture and out of Judges.

It is about the Media's attempt to hide a story, and about our rights under the Constitution. It is about the process of getting laws changed , and about protecting personal freedoms and rights, for everyone.

This case ahs evverything to do with what Most Americas believe in and fight for. Liberty, freedom and individual rights.

[agrace]

It might sound vindictive but if she's right, it's a big deal. If Michael used Terri's money to buy any assets, they aren't his at all. All of that SHOULD be explored as a matter of course. Good points, atruelady.

[pickyourpoison]

My guess is MS is looking in every direction trying to cover his butt.
The lawyer is probably doing the same.
The lawyer is now in the position where he has to show that MS was a good guardian and at the same time keep his ownself free from lawsuits resulting in a return of some of the rehab money.
What the lawyer does now may not be in MS's best interests but in his own best interests.

Would have loved to have heard their conversations at their supper tables last night.

[editor-surveyor]

"Would have loved to have heard their conversations at their supper tables last night."

Or perhaps their sullen silence?

[sweetliberty]

Here is the link to that article/thread. It does get a bit more in depth than the AP piece.

Husband Must Defend His Guardianship of Terri Schiavo

[sweetliberty]

"He has to protect himself from that which could be one of the reasons he doesn't go for a divorce."

The longer this drags out, the more I don't think THAT is the issue. Oh, I think money is an important element, but I think as far as legal access to Michael's money, her parents would happily sign away any claim to it if he would just go away. I think Michael's financial "interests" are more deceptive.

It appears as if he might be caching money under false business names, or manipulating the spelling of names to bury financial information. That is speculation based on some previous posts. There is also the possiblity that Felos could be involved in some investment scheme with Schiavo using Terri's money, and if someone else accesses the bank records, this could be discovered. And finally, there is the book Felos is writing that will be virtually worthless as long as Terri is alive. And who knows if he has either given, or promised Michael proceeds from it...not to mention the possibility that Michael is planning to, or has already, sold the rights to her story...again a potentially huge financial loss if Terri lives. And then there could be a problem if records are opened, that he defrauded Medicaid/Medicare and/or Social Security. So on the financial front, he could have serious problems, the least of which would be alimony and shared property or the initial malpractice award.

I think graymatter is right in saying that he has an even bigger problem on another front, though. If Terri is out from under his control, medical records could be opened and I think the husband from hell is VERY afraid of what will happen to him and the nice, cushy new fantasy life he is living, should that occur. I'm expecting to see some very bizarre moves of desperation on the HINO's part in the near future. It may be that Greer has already cut and run to save his own hide. What I am watching is what Felos does at this point. If Michael starts looking like a loser and is being defeated in court, Felos, with his delusional mindset, may no longer be able to afford to be associated with him. If Felos cuts and runs, we will KNOW we won.

[sweetliberty]

"If Pat Anderson can depose Michael, that should be very interesting! He will have to account for his lies."

Isn't she now in that position as part of being allowed to challenge the guardianship?

[sweetliberty]

"I envision Greer having that "deer in the headlights" these days."

I sense a disturbance in the vibrations on Felos' astral plane as well.

[sweetliberty]

"Felos quietly slip into the toilet and pull handle"

ROTFL! I would LOVE to have a graphic of that! Oh well, I guess Meekie's toilet rat will have to do, unless somebody gets creative.

.

[sweetliberty]

Do you agree with Michael Schiavo's lawyers that "Terri's Law" violates Florida's constitution?
Choice	Votes	Percentage of 1295 Votes
Yes	501	39%
No	762	59%
Not sure	32	2%
Thank you for voicing your opinion in our online survey!

.

VOTE HERE

[sweetliberty]

"Perhaps he will be so tired of this whole thing that he'll allow the guardianship to be removed without any further ado."

As I said a few posts back, I think if it were just about the primary money: malpractice settlement, alimony, and property, that he might consider that, but I think the stakes are considerably higher for him. He has already bet the farm on Terri's death, so he has nothing to lose by staying in the game and everything to lose by getting out.

[sweetliberty]

"What the lawyer does now may not be in MS's best interests but in his own best interests."

I agree. See my post #208.

"Would have loved to have heard their conversations at their supper tables last night."

You and me both! Now THAT's a movie I'd pay to go see!

[Krodg]

The 2003 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

View Entire Chapter

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

(1) RESIDENT.--

(a) Any resident of this state who is sui juris and is 18 years of age or older is qualified to act as guardian of a ward.

(b) No judge shall act as guardian after this law becomes effective, except when he or she is related to the ward by blood, marriage, or adoption, or has maintained a close relationship with the ward or the ward's family, and serves without compensation.

(2) NONRESIDENT.--A nonresident of the state may serve as guardian of a resident ward if he or she is:

(a) Related by lineal consanguinity to the ward;

(b) A legally adopted child or adoptive parent of the ward;

(c) A spouse, brother, sister, uncle, aunt, niece, or nephew of the ward, or someone related by lineal consanguinity to any such person; or

(d) The spouse of a person otherwise qualified under this section.

(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.

(4) TRUST COMPANY, STATE BANK OR SAVINGS ASSOCIATION, OR NATIONAL BANK OR FEDERAL SAVINGS AND LOAN ASSOCIATION.--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 may act as guardian of the property of the ward.

(5) NONPROFIT CORPORATE GUARDIAN.--A nonprofit corporation organized for religious or charitable purposes and existing under the laws of this state may be appointed guardian for a ward. If the nonprofit corporate guardian charges fees against the assets or property of the ward for its services, the corporation must employ at least one professional guardian.

(6) HEALTH CARE PROVIDER.--A provider of health care services to the ward, whether direct or indirect, may not be appointed the guardian of the ward, unless the court specifically finds that there is no conflict of interest with the ward's best interests.

http://www.megalaw.com/fl/flstatutes.php?App_mode=Display_Statute&codelink=Search_String=@URL=Ch0744/Sec309.HTM">http://www.megalaw.com/fl/flstatutes.php?App_mode=Display_Statute&codelink=Search_String=@URL=Ch0744/Sec309.HTM

[george wythe]

You're the ghoul who danced because of a fatally flawed poll, remember.

Please provide any evidence of the above.

[Krodg]

Go to the link and under DISQUALIFIED PERSONS click on 435.03 (sorry my linking skills do not exist). That will bring you to a new page....click on (o) Section 798.02, relating to lewd and lascivious behavior. You will get this:

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.

While he has not been found guilty in a court of law, he has admitted his guilt on nationsl TV and the records show he does live with this woman. Without going through a trial that he would lose, seems the only thing he can do is say "No Contest".

[sunryse]

I think Greer is understanding the spotlight is on him now. He has to answer to the country for what he does and it isn't going to be swept under the table.

[freeparoundtheclock]

Nobody can iron better than EV!

[sunryse]

>Step #1 in this process should be the appointment of >legal counsel for Terri Schiavo so that divorce >proceedings (on the grounds of persistent and open >marital infidelity) can be initiated against Michael.

EXACTLY!!! This is what I've said all along, if Terri were in her right mind, she could sue for divorce and win due to infidelity. Now why should she be forced to remain married to a man who has lost interest in her and has for 10 years and is now trying to have her killed!! I for one hope that Greer is looked into (although I don't know by who) for the fact that he refused to remove Michael from guardian even though he OBVIOUSLY to any moron had a conflict of interest!