Warner & Collins Op Ed on Terri Schiavo

LifeManagement.com ^ | 4/12/04 | Jan L. Warner & Jan Collins

[cyn]

When she was a child, she was taught that if she did not brush her teeth, they would rot out. Now her teeth are rotting out, but no one speaks for her.

When she was a child, her parents took her to the doctor when she had an infection. Now, recurring infections and bedsores ravage her body, but no one speaks for her.

When she became disabled, her husband became her guardian and obtained more than $1.5 million from a malpractice case for her rehabilitation and health care. But her funds have been used to warehouse, not rehabilitate her, and to pay hundreds of thousands of dollars to lawyers hired by her husband to let her die by starvation and dehydration, a slow, painful, inhumane method of death. But no one speaks for her.

If she were a stray dog or a cat, she would be protected by Florida law from inhumane treatment. Her death would be swift and painless. But as a disabled human being, her death sentence will not be so kind.

When she was a child, her parents instilled in her the need to commit to a relationship before she married. Now her husband lives with a woman and their two illegitimate children in a marriage-like relationship -- and he continues to speak for Terri Schiavo.

If Terri Schiavo was your responsibility, adult protective services would take custody of her and charge you with felony abuse and neglect. And you would be convicted.

But no one will be charged or convicted for abusing or neglecting Terri Schiavo because her lack of care and the waste of her money have been the result of judicial orders issued by Judge George Greer, a publicly elected Florida Circuit Judge in the Tampa-Clearwater-St. Petersburg area.

After Terri Schiavo suffered still unexplained brain damage in 1990, her husband, Michael, was appointed as her guardian because he had priority under Florida law. A guardian is a fiduciary created by law for people who don't have written financial and health care powers of attorney. Because the legislature of Florida created guardianships to be administered by the courts, judges are mandated to strictly comply with the dictates of the law. But Judge Greer hasn’t.

Even though the law clearly requires guardians of disabled persons to file comprehensive annual reports and care plans, and even though the law clearly requires guardians to not deviate from those plans, Judge Greer has virtually excused Terri’s adulterous husband from filing these plans and reports, a clear violation of Terri's rights and the law, especially in light of notes in Terriís records over the years that she has not been properly cared for.

Yet, even without guidelines for her guardian-husband to follow, Judge Greer has authorized payment of expenses to warehouse Terri, but not for one penny’s worth of the rehabilitation that was promised by Michael Schiavo when he sought - and received - large malpractice settlements that were deposited for Terri and controlled under the auspices of Judge Greer.

Rather than pay for swallowing therapy that may have allowed her feeding tube to be removed, Judge Greer authorized payment of hundreds of thousands of dollars from Terri’s rehabilitation money to lawyers hired by her husband to help her die by removing that same feeding tube.

And, of late, at Michael Schiavo’s request, despite the fiduciary obligation of the guardian to grow the account for Terri’s care, Judge Greer has ordered that Terri’s investments be liquidated,- that the annual return be slashed, and that her money set aside to pay still more attorney’s fees in order that Terri’s care would be paid for by Medicaid that’s right, so that you and I can pay for her care while her money is used to put her to death.

Guardian Michael has conflicts of interest and should not be serving as a fiduciary for his wife, not only because he stands to gain financially at her death, but also because he is living in a relationship that is tantamount to marriage with his paramour and their two children.

When Michael’s conflicts were raised by a lawyer then acting as Terri’s guardian ad litem, he was promptly removed, and Judge Greer has chosen not to replace him. Think about it: Terri Schiavo has had no independent representation during proceedings in which her money is being used to pay lawyers hired by her husband to carry out a sentence of death by starvation and dehydration.

Based on recent case filings, Michael Schiavo, as his wife’s fiduciary, is accused of withholding evidence of a bone scan done on Terri in 1991 that substantiates fractures at or about the time of her brain damage. Yet, not surprisingly, Judge Greer has ignored this relevant evidence, even though it touches on yet another facet of Michael Schiavo’s conflict of interest.

Think about it: If Judge Greer has not required the filing of mandated plans and reports, how could Michael Schiavo have acted legally as Terri’s guardian when, by law, the guardian must act within the guidelines of the filed plans? If there were no plans and all of Michael's acts were unauthorized, how could Judge Greer approve payments for Terri’s care?

While most of us think of the courts as the safest place to preserve the rights of disabled persons, Judge Greer has set new standards for judicial undersight. Judge George Greer may well be an aberration, a deviation from the norm, but what he has done to - and not done for - Terri Schiavo shocks the conscience of a civilized society.

Face it: Judge Greer will never be a posterboy for appropriate judicial conduct, but if he and others like him are not dealt with swiftly and appropriately, you and I may someday find ourselves in a position like Terri Schiavo -- with no one to speak for us.

Jan Warner, a matrimonial and elder law attorney, and Jan Collins, an editor and writer, co-author NextStepsÆ, a weekly newspaper column about matters affecting the elderly and disabled (http://www.nextsteps.net)

Jan L. Warner has more than 30 years' experience in helping people plan for various life transitions. He received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia.   More bio.

Jan Collins began co-authoring Flying Solo® in 1989. She has more than 27 years of experience as a journalist, writer, and editor. She has worked as a reporter for newspapers in Michigan, North Carolina, and South Carolina, and since 1983 has edited Business & Economic Review, a quarterly business magazine published by the University of South Carolina College of Business Administration.   More bio.

Thanks to Warner and Collins for this article, and to the Tampa Tribune for publishing it.

[pc93]

John Ashcroft's fax number = 1 202 514 1009

Send free fax message (must be less than 20 pages) to John Ashcroft:

remote-printer.john_ashcroft@12025141009.iddd.tpc.int

[pc93]

Opps.. forgot ping list:

You can send a fax message (must be less than 20 pages) via e-mail to John Ashcroft at:

remote-printer.john_ashcroft@12025141009.iddd.tpc.int

[mtbopfuyn]

The odds must be incredible high that one person ends up removing, or trying to, the feeding tubes of three persons closest to him

Surely there's some way of finding out more about his parents' "illnesses" and the value of their estates. Though I'm not sure the "follow the money" saying relates to MS.

[BykrBayb]

How ironic! MS's mother was opposed to euthanizing Terri. MS had his mother euthanized. Sick!

[Pegita]

You seem learned in this stuff, pc93 ... could you fax this entire article to the Attorney General? Who's the contact for Medicare/Medicaid oversight? There was someone who had a mega blast setup when we last inundated the Florida legislature ... could this be done again with this article? While we're at it (easy for me to say since I know zip about this) ... mega-fax the whole country!

[amom]

thanks for being here

Always my honor, cyn.

Bttt

[BykrBayb]

Schiavo v. Bush hearing
Monday, April 19, 2004 at 3:00pm
in the main Courthouse in Clearwater
315 Court St, Clearwater (NOT 415)

The public is welcome.
Hearing Room for Judge Baird is posted in the
mezzanine or ASK a clerk office employee

---

My favorite Aunt would have made it a point to set aside time to pray during that time. I'll do that, and I hope others will join me.

[Pegita]

Will join you in prayer during the hearing, BykrBayb ...

[TheSpottedOwl]

Malevolence. Some old fashioned words never lose their usefulness. I think that term can sum up Schiavo, among many other public figures we discuss here.

[Alamo-Girl]

Thanks for the ping!

[Askel5]

great find. thanks for your fidelity to Terri's fight.

[Humidston]

I don't understand this anymore. It has gone from the ridiculous to the sublime. Judge Greer should be impeached! Clearly, he's skimming money from Terri's account, along with that slime, Michael and his rotten rat lawyer.

And why WHY WHY can't the state step in and protect this poor dear lady before they murder her???

I guess they're all waiting for her to die so they can squabble over what money is left. This is so infuriating and frustrating!

[Ethan_Allen]

Nation [Israel] marks Holocaust Remembrance Day
http://www.freerepublic.com/focus/f-news/1119745/posts

'...it will be happening tommorow [today] 3AM American time....' Interesting that they will be observing one holocaust, motto being 'never again', at the same time we possibly get set to embark on another, for Terri is the battering ram Michael, Felos, Greer, et al seem so determined to get to foist hell on earth in America. No disabled person, or anyone else who the powers-that-be deem to have an 'insufficient quality of life' will be safe.

100 MOST POWERFUL PEOPLE IN HEALTH CARE
http://www.modernhealthcare.com/page.cms?pageId=352

Need to get a few hours sleep....
Prayers for Terri. May God stand up against her enemies and His: http://www.blueletterbible.org/tsk_b/Psa/83/16.html

[Pegita]

>>>May God stand up against her enemeies and His<<<

Heavenly Father, again this mother's child will be brought before the judge ... one who so often has denied her justice ... one who has sided with those who want to end her life. Again, Merciful Father, we are seeking relief from the judge for Terri ... break the chains that bind this dear one to isolation and neglect. Give greatest eloquence to those who speak in the courtroom for her ... let their voices be heard throughout the land ... send Terri's husband and his attorneys away in shame. Pierce the heart of the judge, that he might render justice to this innocent woman. Crush the plans of the merchants of death to end her life ... lift up the desires of her beloved parents, that Terri might live. May it be thus, Sovereign Lord, may it be thus, in the Name of Jesus, Amen ...

[pc93]

It's best that as many people as possible send an e-mail with whatever messages asking for Ashcrofts help to this e-mail address:

remote-printer.john_ashcroft@12025141009.iddd.tpc.int

Here was my result (see below) but multiply exponentially if everyone in the ping list sends something and they get others not on ping list to send something.

Also, might want to think about faxing the Whitehouse:

remote-printer.george_w_bush@12024562461.iddd.tpc.int

As to Medicaid Fraud etc:

Sidney Rocke Director, MFCU
Medicaid Fraud Control Unit
Office of D.C. Inspector General
717 14th St., N.W., 5th Floor
Washington, DC 20005
Phone (202) 727-8008

remote-printer.sidney_rocks@12027275937.iddd.tpc.int

Fraud and Abuse Control TAG
Last updated March 17, 2004


--------------------------------------------------------------------------------

This TAG serves as a national forum for all Medicaid-related fraud and abuse control activities, including the identification of effective state efforts to identify fraud, and the formulation of legislative proposals and regulations to combat waste, fraud, and abuse. The TAG members work to emphasize innovative approaches to both the detection and prevention of fraud & abuse.

American Public Human Services Association (APHSA) Liason:

remote-printer.sean.farrell@12022896555.iddd.tpc.int

I can't seem to find the fax number for the Wash. DC,
Dept. of Health and Human Services for the Inspector General.

---

Your facsimile job to +12025141009 was completed successfully.

Pages: 4
Quality: Fine
Page Width: 215 (mm)
Page Length: 279 (mm)
Signal Rate: 14400 bit/s
Data Format: 1-D MR
Submitted From: localhost
JobID: 4409
GroupID: 4409
CommID: c00236243

Processing time was 2:39.

---- Message Details ----
Message-Id: <00ef01c425b6$e5aecbd0$6501a8c0@pyramidos>
Subject: Many beseech of you to do something re: Terri Schindler Schiavo - Michael Schiavo and his Medicaid scheme

[cyn]

My prayers continue and join yours that those in Terri's fight will have every tool they need at their disposal as God provides for all their needs.

[cyn]

Thanks for putting that together, pc, esp. the contact info on Medicaid fraud. I didn't understand at first what #'s get entered, but it looks like it's this entire address starting at "remote-printer":

Ashcroft:
remote-printer.john_ashcroft@12025141009.iddd.tpc.int

White House/George Bush:
remote-printer.george_w_bush@12024562461.iddd.tpc.int

Medicaid Fraud:
remote-printer.sidney_rocks@12027275937.iddd.tpc.int

Here's something else on doing this (thanks to jmstein7), then I'll get some coffee to help my process:

Send a FREE online fax to Tom Delay.....(or whomever) gives these instructions.

1.  Click HERE.

2.  Enter the fax number in the widow as follows (it must read exactly like this): +1-202-225-5241 (or whatever the fax # is; this is to reach Tom Delay)

Alternatively, you can do it by sending it as an email to this address:  remote-printer.firstname_lastname/any_place@12022255241.iddd.tpc.int

Of course you will want to change the generic field firstname_lastname and any_place to be appropriate for your FAX - just remember to keep the underscore character '_' instead of         spaces in the e-mail address. And no - don't mess with the 'remote-printer' part.

3.  If you use the form, don't forget to include your email address.

Also soliciting ideas from any others, esp those in FL or who can explain what in the world is going on in Clearwater! (snip from above article):

"And, of late, at Michael Schiavo’s request, despite the fiduciary obligation of the guardian to grow the account for Terri’s care, Judge Greer has ordered that Terri’s investments be liquidated,- that the annual return be slashed, and that her money set aside to pay still more attorney’s fees in order that Terri’s care would be paid for by Medicaid -- that’s right, so that you and I can pay for her care while her money is used to put her to death. "

[cyn]

gotta go, be back later -- will join in prayers w/others til then.

[Ethan_Allen]

'And, of late, at Michael Schiavo’s request, despite the fiduciary obligation of the guardian to grow the account for Terri’s care, Judge Greer has ordered that Terri’s investments be liquidated,- that the annual return be slashed, and that her money set aside to pay still more attorney’s fees in order that Terri’s care would be paid for by Medicaid that’s right, so that you and I can pay for her care while her money is used to put her to death.'

I'm trying to recall a lot of things here, and coming up fairly empty at the moment on this issue. I spoke yesterday with someone who has had a lot of experience in the field of Medicare and Medicaid in the past, but the rules may have changed. I never could determine for sure which program Terri was on, and that may be because there is a lot of confusion among us laymen of the difference. At one one point it seemed that she was indeed on Medicare. I read at HHS's site in the past that there was no means test for Medicare if one was as disabled as Terri is, while there is a means test for Medicaid. When my grandmother went into a nursing home, my uncle sold off her properties to pay for her care, until....that's another story. Anyway, I was told yesterday that Medicare would pay for 80% of whatever fees the federal government would allow, and that is not much. [Consequently, doctors and hospitals are losing money, and forcing us toward a complete takeover of the system by the 'feds', and that's another story as well, but definitely related.] Therefore, Michael may have been running up a Medicare bill [I doubt it, because I believe this is a common cause and they all are in cahoots for the dollars down the road if they pull this thing off. Suncoast is in debt to the federal government last I checked for nearly $15 million, and should have had their licence yanked a long time ago, if you ask me; and Terri is, IMO the 'loss leader' for the future big pay-offs, and they may not be charging Michael anything for the opportunity to partake in this travesty.] It's more likely, in my thinking, that the salaries of his sentries-at-Terri's-door and his morgue-chaser's fees are eating into his future profits from her death. It's my understanding that you have/had to have divested yourself of all your property and funds for two years before Medicare would kick in. Medicaid would kick in sooner, but again, the person would also have to be basically destitue, I believe.

This action [getting Terri on Medicaid] would enable Michael to carry out his agenda on Terri and possibly get some kick-backs, and make us all parties to her murder. If I'm not mistaken, federal dollars still are not supposed to be used to carry out an active killing. I would have to do a little more research to refresh my memory.

The divestiture of funds is something that jumped out at me way early on when I first started reading about Terri's case, and the relevant Florida statutes. I've spent a LOT of time on the huge tentacles of the land-grab machine in this country, and even around the world, compliments of the Federal Reserve, which is NOT federal, and NOT a reserve. It's a cartel of banking thieves, using usury and debt to enslave America and every other country, and to put the wealth and resources of the world, not to mention total POWER in the hands of a parasitical few. I could see the 'financial institutions' being set up in the statutes to divest the elderly, especially those with no family and no one to speak in their behalf [except said 'financial institutions' and corrupt lawyers and judges], of their property, money, and ultimatley, their very lives. Any one of us could end up with amnesia with no ID, and be in Terri's bed in a heartbeat. I can think of many other scenarios as well, that could land any of us in her situation. Preying on the weak and vulnerable appears to bs the industry of the day in the land of the free and the brave, else why do those in power do nothing?

[Annie03]

Bump