Replies

"Co-sponsor of Terri's Bill in the House, Frank Attkisson, authored this article on the legal reasons for the need for intervention ofn Terri's behalf:

Law shouldn’t be used to take away a life

As I see it By Frank Attkisson

Recently, the Florida Legislature became involved with the Terri Schiavo situation. Because of the significance of the case, and as a prime co-sponsor in the Florida House of the resulting bill, I want to share my view and reasoning for my support of the bill.

Initially, most would look at this as a judicial issue and feel that the Legislature should stay out of it. In this case, we must examine the laws that the courts have interpreted to see if we, as Floridians, truly want these laws controlling our families and individuals in the matter of death.

As I looked at the case I saw three troubling issues.....

[he goes on to talk about MS]

...**** Third, Florida’s contract law doesn’t allow verbal promises or intent to overcome specific wording of a contract or for an individual to make a verbal statement of his intent to leave assets to an individual; in this case, life is at stake instead of property and our statutes permit oral statements to determine whether someone lives or dies. Yet, in this case we allow a simple statement made following an emotional movie some 15 years ago to be a controlling factor of the individual’s intent and the statement was not even mentioned in the previous law suit when he stated he would care for her until she dies.

Family members must be allowed to make personal decisions concerning their loved ones when their loved ones are not able to make the decisions on their own. We owe it to the individual to ensure that the decision maker is unbiased and free of conflict when he or she must make the call.

**** The facts raised enough questions that the Legislature felt compelled to act to make sure our most vulnerable citizens have every opportunity to live and have rehabilitation in the absence of a written advanced directive stating their wishes. The life God gives us is precious and governmental laws should never be used to take it in this situation.

Frank Attkisson, R-Kissimmee, is state representative for District 79, which covers portions of Okeechobeee, Orange and Osceola counties. "

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Okay, aside from looking at the conflict of interest issues involved with personal guardians such as Michael Schiavo, there seems to me loopholes in the Florida law (and I am not a lawyer) to get around that THIRD issue Mr. Attkisson mentioned, that would allow the PROFESSIONAL GUARDIANS to usurp the assets of the elderly and disabled and others, simply by having them declared 'incapacitated'. *** I think it would be a very good thing for the legislators to take a very hard look at the laws they have written, because it really looks like they can and are being abused, not only to deprive people of their property, but as a means to that, their very lives.

Here are the Florida Statutes for Guardianship:
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0744/ch0744.htm

For example:
Under PART VIII
VETERANS' GUARDIANSHIP

744.602 Short title; scope of part.--

(1) This part shall be known and may be cited as the "Veterans' Guardianship Law."

(2) The application of this part is limited to veterans and other persons who are entitled to receive benefits from the United States Department of Veterans Affairs. This part is not intended to replace the general law relating to guardianship except insofar as this part is inconsistent with the general law relating to guardianship; in which event, this part and the general law relating to guardianship shall be read together, with any conflict between this part and the general law of guardianship to be resolved by giving effect to this part....

744.618 Persons who may be appointed guardian.--

(1) Notwithstanding any law with respect to priority of persons entitled to appointment, or nomination in the petition, the court may appoint some other individual *** or a bank or trust company as guardian if the court determines that the appointment of the other individual or bank or trust company would be in the best interest of the ward.

[We have seen how the government has been quite adverse to paying the money to see that Veteran's health care needs are properly addressed. Recently we even saw where veterans who were awarded a huge court settlement against Iraq for the injuries they received as a result of torture, had the money seized by George W. Bush and supposedly sent to help the current effort in Iraq. What's with that? No howdy-do to the court or the victims, just take the money and run? I only throw this in because I find this whole 'rule of law' mantra a complete farce. If the rule of law helps to subjugate, impoverish, and kill the people it is deemed a good thing, but if it should protect their life, liberty, and property it is completely ignored. Reminds me of the scribes and Pharisees. They made the rules on how far one could move from one's house on the Sabbath, and when that didn't suit THEM, they tacked on the rule that the distance could be extended by how far one could throw their shoe from the perimeter. I suppose that could be extended by throwing the shoe again and again until the desired distance could be achieved. Sheesh! 'laws grievous to be borne....etc.']

What happens to some of the assets of the ward?
DISTRIBUTION OF FUNDS UPON WARD'S DEATH:

744.534 Disposition of unclaimed funds held by guardian.--

(1) In all cases in which it is appropriate for the guardianship to terminate due to the ward's death and in which property in the hands of the guardian cannot be distributed because no estate proceeding has been instituted, the guardian of the property shall be considered an interested person pursuant to s. 733.202 and may, after a reasonable time, institute such a proceeding. In the alternative, the guardian may follow the procedures set forth in subsection (2).

(2)(a) In those cases in which it is appropriate for the guardianship to terminate pursuant to s. 744.521 and in which property in the hands of a guardian cannot be distributed to the ward or the ward's estate solely because the guardian is unable to locate the ward through diligent search, the court shall order the guardian of the property to sell the property of the ward and deposit the proceeds and cash already on hand after retaining those amounts provided for in paragraph (e) with the clerk of the court exercising jurisdiction over the guardianship and receive a receipt. The clerk shall deposit the funds in the registry of the court, to be disposed of as follows:

1. If the value of the funds is $50 or less, the clerk shall post a notice for 30 days at the courthouse door giving the amount involved, the name of the ward, and other pertinent information that will put interested persons on notice.

2. If the value of the funds is over $50, the clerk shall publish the notice once a month for 2 consecutive months in a newspaper of general circulation in the county.

3. After the expiration of 6 months from the posting or first publication, the clerk shall deposit the funds with the Chief Financial Officer after deducting his or her fees and the costs of publication.

(b) Upon receipt of the funds, the Chief Financial Officer shall deposit them to the credit of PUBLIC GUARDIANSHIP. All interest and all income that may accrue from the money while so deposited shall belong to the fund. The funds so deposited shall constitute and be a permanent appropriation for payments by the Chief Financial Officer in obedience to court orders entered as provided by paragraph (c).

(c) Within 5 years from the date of deposit with the Chief Financial Officer, on written petition to the court that directed the deposit of the funds and informal notice to the Department of Legal Affairs, and after proof of his or her right to them, any person entitled to the funds, before or after payment to the Chief Financial Officer and deposit as provided for in paragraph (a), may obtain a court order directing the payment of the funds to him or her. **** All funds deposited with the Chief Financial Officer and not claimed within 5 years from the date of deposit shall escheat TO THE STATE to be deposited in the **** DEPARTMENT OF ELDERLY AFFAIRS Administrative Trust Fund to be used solely for the benefit of PUBLIC GUARDIANSHIP AS DETERMINED BY THE SECRETARY OF ELDERLY AFFAIRS.

(d) Upon depositing the funds with the clerk, the guardian of the property may proceed with the filing of his or her final return and application for discharge under s. 744.527.

**** (e) The guardian depositing assets with the clerk is permitted to retain from the funds in his or her possession a sufficient amount to pay the final costs of administration, including guardian and attorney's fees accruing between the deposit of the funds with the clerk of the court and the order of discharge. Any surplus funds so retained must be deposited with the clerk prior to discharge of the guardian of the property. [I think we've all wondered if there is some kick-back to Michael from all the fees he's paid to Felos.]

History.--s. 5, ch. 86-120; s. 94, ch. 89-96; s. 68, ch. 90-271; s. 1114, ch. 97-102; s. 7, ch. 2002-195; s. 13, ch. 2003-57; s. 1898, ch. 2003-261.

**Note that all unclaimed funds [after everyone has taken their cut] are eventually put into the DEPARTMENT OF ELDERLY AFFAIRS Trust Fund [** I wonder if this operates like the Social Security 'Trust Fund', which is in reality, a bunch of IOU's!! ]

744.1085 Regulation of ***PROFESSIONAL GUARDIANS; application; bond required; educational requirements.--

(1) The provisions of this section are in addition to and supplemental to any other provision of the Florida Guardianship Law, except s. 744.3145.

(2) Each professional guardian who files a petition for appointment after October 1, 1997, shall post a blanket fiduciary bond with the clerk of the circuit court in the county in which the guardian's primary place of business is located. The guardian shall provide proof of the fiduciary bond to the clerks of each additional circuit court in which he or she is serving as a professional guardian. The bond shall be maintained by the guardian in an amount not less than $50,000. The bond must cover all wards for whom the guardian has been appointed at any given time. The liability of the provider of the bond is limited to the face amount of the bond, regardless of the number of wards for whom the professional guardian has been appointed. The act or omissions of each employee of a professional guardian who has direct contact with the ward or access to the ward's assets is covered by the terms of such bond. The bond must be payable to the Governor of the State of Florida and his or her successors in office and conditioned on the faithful performance of all duties by the guardian. In form, the bond must be joint and several. The bond is in addition to any bonds required under s. 744.351. *** This subsection does not apply to any attorney who is licensed to practice law in this state and who is in good standing, [**such as George Felos] to any **financial institution as defined in s. 744.309(4), or a **public guardian. The expenses incurred to satisfy the bonding requirements prescribed in this section may not be paid with the assets of any ward. [So it looks like said attorneys, financial institutions - banks, trusts, insurance companies (Centonze?? Prudential?? Jergen??), etc. - are considered for the purposes of this law to be above reproach, and not required to be bonded?? Have they forgotten the S&L Fiasco, or is this a new twist on an old crime?? Furthermore, are some Real Estate Companies now considered 'financial institutions'?]

(3) Each professional guardian defined in s. 744.102(15) and public guardian must receive a minimum of 40 hours of instruction and training. Each professional guardian must receive a minimum of 16 hours of continuing education every 2 calendar years after the year in which the initial 40-hour educational requirement is met. The instruction and education must be completed through a course approved or offered by the Statewide Public Guardianship Office. The expenses incurred to satisfy the educational requirements prescribed in this section may not be paid with the assets of any ward. This subsection does not apply to any attorney who is licensed to practice law in this state. [According to the Schiavos, Michael did not comply with the educational requirement, and no one is holding him to task; why should we assume those who are above reproach would either? And since the Death Cult seems to control the State of Florida and the Guardianship Office, what difference would this make anyway?]

(4) Each professional guardian must allow, at the guardian's expense, an investigation of the guardian's credit history, and the credit history of employees of the guardian, in a manner prescribed by the DEPARTMENT OF ELDERLY AFFAIRS.

(5) As required in s. 744.3135, each professional guardian shall allow a level 2 background screening of the guardian and employees of the guardian in accordance with the provisions of s. 435.04. [This is the Section which is under attack by the Legislature right now. They seek to remove LEWD AND LASCIVIOUS BEHAVIOR (cohabiting with someone who is not your spouse) as a conflict of interest in guardianship cases. Michael is guilty under the law as it now stands, and so would probably a lot of the 'professional' guardians be. http://www.flsenate.gov/cgi-bin/view_page.pl?File=sb0328.html&Directory=session/2004/Senate/bills/billtext/html&Tab=session&Submenu=1 ]

(6) After July 1, 2005, each professional guardian shall be required to demonstrate competency to act as a professional guardian by taking an examination approved by the DEAPRTMENT OF ELDERLY AFFAIRS. [I keep bolding this because I think we need to know if the department is pro-Death. Is this the agency that is charged with investigating abuse of the aged and disabled, or am I confusing them with another agency?]

(a) The DEPARTMENT OF ELDERLY AFFAIRS shall determine the minimum examination score necessary for passage of guardianship examinations.

(b) The DEPARTMENT OF ELDERLY AFFAIRS shall determine the procedure for administration of the examination.

(c) The DEPARTMENT OF ELDERLY AFFAIRS or its contractor shall charge an examination fee for the actual costs of the development and the administration of the examination, not to exceed $500.

(d) The DEPARTMENT OF ELDERLY AFFAIRS may recognize passage of a NATIONAL (HMMM) guardianship examination in lieu of all or part of the examination approved by the Department of Elderly Affairs, except that all professional guardians must take and pass an approved examination section related to Florida law and procedure.

(7) The DEPARTMENT OF ELDERLY AFFAIRS shall set the minimum score necessary to demonstrate professional guardianship competency.

***(8) The DEPARTMENT OF ELDERLY AFFAIRS shall waive the examination requirement in subsection (6) if a professional guardian can provide:

*(a) Proof that the guardian has actively acted as a professional guardian for 5 years or more; and

**(b) A letter from a circuit judge [SUCH AS GEORGE GREER?] before whom the professional guardian practiced at least 1 year which states that the professional guardian had demonstrated to the [KANGAROO] court competency as a professional guardian.

(9) After July 1, 2004, the court shall not appoint any professional guardian who has not met the requirements of this section and s. 744.1083. [CUTTING OFF THE COMPETITION?]

???? (10) This section does not apply to a professional guardian or the employees of that professional guardian when that guardian is a trust company, a state banking corporation, state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state.

[Knowing the history of the banksters, I have a real problem with this, particulary when the ward has no family to oversee this. I see these people as being so vulnerable to abuse by the system/death-industry which seems designed to deprive them of life, liberty, and property for profit. Am I wrong? Once a corrupt guardian is named, it seems to be nothing to have someone declared 'terminal', and set the plan rolling to have that person offed, as we have seen happen with Terri. It also doesn't seem that difficult to first have someone declared incapacited, and then made their guardian, and THEN have them declared 'terminal'. The rules for declaring someone incapacitated are on this same page, and when all is said and done, they seem to favor the purposes of the state and the guardians, rather than the ward.

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0744/ch0744.htm
PART V
ADJUDICATION OF INCAPACITY AND APPOINTMENT OF GUARDIANS
(ss. 744.3201-744.358)

Mr. Atkisson said: "The life God gives us is precious and governmental laws should never be used to take it in this situation."

I think that is the bottom line in all of this. We see once again that there is only one absolute law, and that is God's. Once we give man the right to rewrite God's laws, tyranny will always result. Central theme of the Bible, active from the beginning:

Psa 118:8 [It is] better to trust in the LORD than to put confidence in man.

Psa 118:9 [It is] better to trust in the LORD than to put confidence in princes.

Yes, they need to look long and hard at the laws they have written, and bring them back into line with what the Christian people who founded this country and all who have fought and died for this country and its freedom would have expected.