Reference: Florida Statutes, Chapter 744 "the Florida Guardianship Law"
First off, MS cannot take Terri out of the state without the court’s prior approval. See 744.2025 Change of ward's residence.
Next, MS’s extra-marital affair with children out of wedlock seems to me to be a severe conflict of interest for his guardianship. Therefore, the GAL should be empowered to seek MS’s removal as guardian. If the GAL being appointed pursuant to “Terri’s Law” doesn’t have standing to do this, it would appear that the parents could sue under 744.391 for appointment of a GAL. Here is the relevant section, emphasis added:
744.391 Actions by and against guardian or ward.--If an action is brought by the guardian against the ward, or vice versa, or if the interest of the guardian is adverse to that of his or her ward, a guardian ad litem shall be appointed to represent the ward in that particular litigation. In any litigation between the guardian and the ward, a guardian ad litem shall be appointed to represent the ward. If there is a conflict of interest between the guardian and the ward, the guardian ad litem shall petition the court for removal of the guardian. Judgments in favor of the ward shall become the property of the ward without the necessity for any assignment by the guardian or receipt by the ward upon termination of guardianship. The guardian may receive payment and satisfy any judgment in behalf of the ward without joinder by the ward.
Granted the above applies to suits against the guardian or the ward. However, I think anyone with some standing including the parents, Charlie Crist, or even Jeb could bring suit under the following sections enabling Terri to get a GAL to remove MS. Look at the list of reasons under which a guardian can be removed. How many of these apply to MS? Answer, a lot of them, which I’ve highlighted with bold underlining.Especially clause 11. I would be happy to explain my selections if they aren’t obvious to you.
744.474 Reasons for removal of guardian.--A guardian may be removed for any of the following reasons, and the removal shall be in addition to any other penalties prescribed by law:
(1) Fraud in obtaining her or his appointment.
(2) Failure to discharge her or his duties.
(3) Abuse of her or his powers.
(4) An incapacity or illness, including substance abuse, which renders the guardian incapable of discharging her or his duties.
(5) Failure to comply with any order of the court.
(6) Failure to return schedules of property sold or accounts of sales of property or to produce and exhibit the ward's assets when so required.
(7) The wasting, embezzlement, or other mismanagement of the ward's property.
(8) Failure to give bond or security for any purpose when required by the court or failure to file with the annual guardianship plan the evidence required by s. 744.351 that the sureties on her or his bond are alive and solvent.
(9) Conviction of a felony.
(10) Appointment of a receiver, trustee in bankruptcy, or liquidator for any corporate guardian.
(11) Development of a conflict of interest between the ward and the guardian.
(12) Having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.03 or under any similar statute of another jurisdiction.
(13) A material failure to comply with the guardianship report by the guardian.
(14) A failure to comply with the rules for timely filing the initial and annual guardianship reports.
(15) A failure to fulfill the guardianship education requirements.
(16) The improper management of the ward's assets.
(17) A material change in the ward's financial circumstances such that the guardian is no longer qualified to manage the finances of the ward, or the previous degree of management is no longer required.
Note in this section how the parents should be able to petition for MS’s removal for cause as noted above, again bold underlining added:
744.477 Proceedings for removal of a guardian.--Proceedings for removal of a guardian may be instituted by the court, by any surety or other interested person, or by the ward. Reasonable notice shall be given to the guardian. On the hearing, the court may enter an order that is proper considering the pleadings and the evidence.
FV, ping to post #891. Has this been tried. If not, maybe you could pass it along to parties concerned.