Ah, this is the dilemna and the key to understanding the mistake Judge Greer has made. He has granted to Terri's Husband the power-of-attorney for purposes of the termination of life. OK, I think in general we want our spouses, not our other family members, to take that role.
But this new motion contains facts which suggest a reasonable expectation that the wife would want to take action against the husband. With a question raised involving the husband as the opponent, and with the wife incapacitated, the law would require the appointment of an independent advocate for the possible plaintiff, which would make an argument for the plaintiff before a judge.
But in this case the Judge has ruled that he is Terri's guardian for this purpose. The law of course does not expect judges to be advocates, but rather to be the adjudicators. By being both the advocate and juror, the judge has eliminated a legal safeguard.
We certainly can't take Michael's word that Terri would approve of him living with another woman without wanting a divorce. That is an issue which needs to be decided by a court after hearing testimony, a case in which both sides are represented by council. Since Judge Greer refuses to allow Terri to have her own council, he has in effect prevented her from exercising her rights under Florida Law.
If the parents could figure out a way to get Terri to another state, they could get a lawyer in that state to file in that state's court for a divorce. Then we would have two states fighting over jurisdiction in a divorce case, along with a kidnapping case.
Charles
Unfortunately, Terri's parents couldn't get her to another state without being charged with kidnapping.
My thinking as well, except, perhaps the court would appoint a SPECIAL Guardian for Terri for the divorce case...that would then provide her some additional protection since this guardian could speak for her life as well?
G
A judge can rule himself a gaurdian to a party? Can you give me a kink to this?
How can a person's gaurdian be impartial, or be a judge in cases involving a person under his gaurdianship?