From the decision to deny the Temporary restraining order 22 Mar 2005 Decision by Whittemore
Throughout the proceedings, the parties, represented by able counsel, advanced what they believed to be Theresa Schiavo's intentions concerning artificial life support. In Florida, counsel for Michael Schiavo as Theresa Schiavo's guardian owed a duty of care to Theresa Schiavo in his representation.Op. Atty. Gen. 96-94 (November 20,1996). Finally, with respect to presenting the opposing perspective on Theresa Schiavo's wishes, the Court cannot envision more effective advocates than her parents and their able counsel. Plaintiffs have not shown how an additional lawyer appointed by the court could have reduced the risk of erroneous rulings.
Upshot of this commentary is that Terri did not have counsel.
Florida Statute. 744.3215 Rights of persons determined incapacitated.--
(1) A person who has been determined to be incapacitated retains the right:
...
(k) To have access to the courts.
(l) To counsel.
"Well one point on due process that I find as a glaring example."
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Thanks!
BTW -- I am also wondering about something: Greer is a probate court judge. Do probate courts have jurisdiction over life or death decisions? Shouldn't MS have filed his initial request to stop feeding Terri in another court? Why did the probate court even accept it? Probate courts are to decide issues about estates of people who are already dead, aren't they?
What is your opinion about the probate court's jurisdiction?
I haven't heard anyone address this.