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To: Poohbah
"When the law is on your side, argue the law."

"When the facts are on your side, argue the facts."

Question 1: Does the law allow a person to serve as guardian another if there exists a conflict between the interests of guardian and ward?

Question 2: If a person has openly stated his intention to marrying the mother of his bastard children as soon as his wife is dead, but he cannot marry that person until he either divorces his wife or she dies, and he refuses to divorce his wife, would this not pretty clearly indicate a conflict of interest between the husband and wife?

Question 3: How is it possible that Terri could have made any legally binding request to be starved and dehydrated, when such requests could not be legally made until after she'd been incapacitated for years?

535 posted on 03/31/2004 4:39:12 PM PST by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
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To: supercat
Question 1: Does the law allow a person to serve as guardian another if there exists a conflict between the interests of guardian and ward?

No. However, that conflict of interest must be demonstrated by a preponderance of the evidence. The Schindlers have failed to meet this standard.

Question 2: If a person has openly stated his intention to marrying the mother of his bastard children as soon as his wife is dead, but he cannot marry that person until he either divorces his wife or she dies, and he refuses to divorce his wife, would this not pretty clearly indicate a conflict of interest between the husband and wife?

Not in and of itself.

Question 3: How is it possible that Terri could have made any legally binding request to be starved and dehydrated, when such requests could not be legally made until after she'd been incapacitated for years?

An interesting question. And an irrelevant one. Schiavo has guardianship; for all legal intents and purposes, he IS Terri Schiavo.

536 posted on 03/31/2004 4:45:27 PM PST by Poohbah ("Would you mind not shooting at the thermonuclear weapons?" -- Maj. Vic Deakins, USAF)
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