Posted on 02/28/2005 1:47:24 PM PST by TAdams8591
VICKIE CHACHERE
Associated Press
TAMPA, Fla. - Terri Schiavo's parents asked a Pinellas court judge Monday to allow her to divorce her husband - in either life or death - in a court filing accusing Michael Schiavo of adultery and not acting in his wife's best interests.
The filing was one of a flurry of 15 motions filed by Bob and Mary Schindler as they now have less than three weeks to find a legal way to keep their severely brain-damaged daughter alive.
Terri Schiavo is scheduled to have the feeding tube that has kept her alive for 15 years removed March 18 unless her parents can convince an appeals court to block Michael Schiavo again. Michael Schiavo says he will have the tube pulled because his wife once told him she would never want to be kept alive artificially.
David Gibbs, the Schindler's attorney, said Pinellas Circuit Court Judge George Greer has indicated he will not hear the divorce request and five other motions filed Monday - but that only means that the matters are now on their way to being appealed to the 2nd District Court of Appeal in Lakeland........
Terri Schiavo's parents ask judge to let her divorce husband
(Excerpt) Read more at miami.com ...
Also, the above bone scan, taken in 1991 (the Schindlers didn't find out about it until 2003) revealed many broken bones.
Thank you for posting that article. It's excellent.
Yep, the wonderful Judge Greer has also ruled that she cannot be orally fed as well.
Why would water not be considered 'pallative care' for a patient who is suffering from dehydration?
Because she might choke and die. Amazing!
Because Judge Greer said Terri doesn't get any nourishment via tube; and because he gave Michael Schaivo sole decision-making in Terri's medical care; and because Michael Schavio decided Terri doesn't get any real food or water, and because Judge Greer said he doesn't want "anybody trying to feed that girl."
And mostly because, so far, Judge Greer and Michael Schaivo are above the law.
It does, doesn't it?
Wish that could happen.
Heck, my wife says that stuff about cheating husbands all the time. Well, actually, she says she'd kill me, but the effect is the same...;-)
Could a "Friends of the Court" brief be filed on behalf of Terri, petitioning the court for an immediate divorce?
Baden explained to host Greta van Susteren it was unlikely for a woman of Terri's age at the time to have a potassium imbalance, unless she had certain types of diseases, which she didn't have.
"Too little potassium can cause the heart to stop beating properly and lead to lack of blood flow to the brain and death of brain cells by lack of oxygen, but that's very unusual, Greta, extremely unusual," he said.
That Terri's heart was healthy would rule out the likelihood of cardiac arrest, he said.
"The reason she's in the state she's in is because there was a period of time, maybe five minutes or eight minutes, when not enough oxygen was going to her brain," said Baden. "That can happen because the heart stops for 5 or 8 minutes, but she had a healthy heart, from what we can see."
Baden said he studied a bone scan made in March 1991 at a rehabilitation facility that describes her as having a head injury: "That's why she's there, that's why she's getting a bone scan."
"A head injury can cause, can lead to the vegetative state that Ms. Schiavo is in now," he continued, adding the scan showed evidence of other injuries, bone fractures.
Van Susteren asked if he were suggesting a potassium imbalance caused a fall that led to a head injury, or perhaps some "pre-existing head injury [led] to her passing out."
"Something totally different," he answered. Because cardiac arrests triggered by low potassium are so rare, "the other issue is: Could it have been due to some other cause, which is raised by the family. [That] has to be looked at."
Baden said the injuries were caused by some kind of trauma. "The trauma can be from an auto accident, the trauma can be from some kind of beating that she obtained from somebody somewhere. It's something that should have been investigated in 1991 when those findings were fresh," and added, "Maybe they were. Maybe they were investigated by the police at that time."
I need to learn the facts? Medicare won't be paying if he has a mil in the bank. Which is it?
It would be difficult. This is what the parents are apparently trying to do. There really is no provision for a "friend of the court" situation in the context of dissolution of marriage, and really, at the trial court level at all!
Poohbah is right because the person's guardian is the proper person to represent her interests in the divorce but unfortunately this guardian would rather kill her than divorce her.
Sorry Pooh, mentioned you in an earlier post and forgot to ping ya! Manners matter! ;-)
he doesn't have durable power of attorney does that make a difference?
As the guardian, he has a presumptive power of attorney that is substantially identical to a durable power of attorney.
Knock him out of the guardian role, and appoint a new one, and Terri lives. But the problem is that no one's successfully impeached his position as guardian.
And the parents have filed a petition in 2002 to remove Michael as guardian, but the Lord High Almighty Judge Greer won't let it move forward.
Worse, when the parents filed a different motion challenging Michael's authority to act as guardian pending the hearing, Judge Greer ruled that such a motion could only be brought by those with no other remedy at law. Since the parents filed a guardianship challenge, that was obviously a remedy at law that was available to them, and thus there was no need to allow them to challenge guardianship.
I'm in the "err on the side of life" crowd in this case, but wouldn't she have a major potassium imbalance if she was bulimic?
I know you asked Pooh, but he has been court appointed as her guardian and therefore doesn't need "durable power of attorney" which she would have had to voluntarily grant when she had the mental capacity to do so.
Exactly.
Do you know whether he has been complying with the required reporting and accounting procedures all these years?
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