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To: tutstar
Ah, yes. You can post a link to the statutes, but you can't explain how they've been violated.

And that's the problem the Schindlers have; they haven't met the burden of proof.

364 posted on 03/30/2004 5:19:03 PM PST by Poohbah ("Would you mind not shooting at the thermonuclear weapons?" -- Maj. Vic Deakins, USAF)
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To: Poohbah
You can post a link to the statutes, but you can't explain how they've been violated.

Too lazy to look them up eh? Or does it make no difference to you what happens to Terri?

You can read the petition detailing the specifics for yourself here

http://www.terrisfight.org/documents/PetitiontoRemoveGuardian111502.htm

Other Violations under Florida Law against Terri Schiavo

744.3215 Rights of 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.

(VIOLATED - Her husband/guardian has failed to file such plans for a number of years. During the years in which he DID submit the required plan, he entered "NONE" as his plan of action.)

(b) To have continuing review of the need for restriction of his or her rights.

(VIOLATED - The guardian courts have not required her husband/guardian to file such reports mentioned above and no consistent continuing review has taken place because of that.)

(c) To be restored to capacity at the earliest possible time.

(VIOLATED - Terri Schiavo has not received therapy since prior to the 1992 medical malpractice settlement in her favor which was intended to facilitate such therapy.)

(d) To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.

(VIOLATED - deliberate acts of omission [including humane care and food and water] are considered felony abuse under the law.)

(e) To have a qualified guardian.

(VIOLATED - her husband/guardian is no longer qualified for his failure to comply with Florida law requiring annual review of guardianship, failure to properly maintain the property of the ward, failure to comply with the ward?s retained rights to necessary services and living in open adultery which is a misdemeanor under Florida law.)

(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.

(VIOLATED - Terri Schiavo is wrongfully confined to a Hospice facility and further confined to a single room without social interaction, stimulation and human company.)

(g) To be properly educated.

(VIOLATED - Terri has not received speech therapy which could enable her to communicate more effective and to manage table food. She has not received help in learning any other protocol (such as blinking) to assist her in communicating more effectively.)

(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.

(VIOLATED - Terri?s medical management fund has been all but depleted on legal fees in the pursuit of her death. More than half a million dollars has been paid to one attorney in particular. There is no evidence that Terri would have managed her funds in this way nor given any consent to such.)

(i) To receive necessary services and rehabilitation.

(VIOLATED - Terri Schiavo has not received proper physical, occupational, speech or range of motion therapy. She has been denied treatment for simple infections and she has been denied hospitalization necessitated by serious illness.)

(j) To be free from discrimination because of his or her incapacity.

(VIOLATED - Terri Schiavo has been denied due process in both the guardianship and federal courts.)

(k) To have access to the courts. (VIOLATED - See above.)

(l) To counsel. (VIOLATED - Terri Schiavo was never represented during the duration of the guardianship proceedings and did not have a Florida required Guardian ad Litem assigned to represent her during the majority of the proceedings.)

(m) To receive visitors and communicate with others.

(VIOLATED - Terri?s visitor list is strictly managed by her husband/guardian who has, a number of times, barred her family, her friends and her spiritual counsel from visiting her, without the court?s prior approval and on personal whim.)

(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.

(VIOLATED - Terri has not been legally represented in any of the guardianship proceedings and has received no counsel.)

(4) Without first obtaining specific authority from the court, as described in s. 744.3725, a guardian may not:

(a) Commit the ward to a facility, institution, or licensed service provider without formal placement proceeding, pursuant to chapter 393, chapter 394, or chapter 397. (VIOLATED - Terri was admitted to a Hospice facility in 2000 without prior court approval and in violation of Federal laws pertaining to Hospice confinement qualifications.)

(b) Consent on behalf of the ward to the performance on the ward of any experimental biomedical or behavioral procedure or to the participation by the ward in any biomedical or behavioral experiment. The court may permit such performance or participation only if:

1. It is of direct benefit to, and is intended to preserve the life of or prevent serious impairment to the mental or physical health of the ward; or

2. It is intended to assist the ward to develop or regain his or her abilities.

(VIOLATED - Terri Schiavo was subjected to experimental implant surgery in 1993 without prior court approval and without recommendation of her attending physician. Additionally, she was transported across state lines for said surgery. Additionally, follow up care was never provided and no further maintenance services have ever been provided for the implanted electrodes.)

(c) Initiate a petition for dissolution of marriage for the ward.

(d) Consent on behalf of the ward to termination of the ward's parental rights.

(e) Consent on behalf of the ward to the performance of a sterilization or abortion procedure on the ward

Schiavo lives with his "girlfriend" – the mother of his child.

If there is any doubt as to how long Michael has been in violation of the guardian statutes---- this from:

http://www.highway2health.net/schiavo_bottom.htm

A Bucks County, Pennsylvania newspaper on July 2, 1997, reported Michael's mother's death, "survived by Michael and fiancee' Jodi" Centonze. There's no mention of his WIFE Terri. ...Sooooo JODI has been a FIANCEE since at least July 1997.

Its funny, how does one ask a woman to marry you, while still being married to another woman, and a court has already judged the wife has a life expectancy of 45 MORE years.

371 posted on 03/30/2004 6:01:17 PM PST by tutstar ( <{{--->< http://ripe4change.4-all.org)
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To: Poohbah
You are absolutely right. A lot of emotion has driven the movement to help Terri in the wrong directions on several occasions.

What should we do to save her, to restore her estate and to get her the treatment that she needs?

376 posted on 03/30/2004 6:20:46 PM PST by TaxRelief (God bless America and God bless our troops!)
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