Judge Lets Parents Challenge Custody of Terri Schiavo

Tampa Bay Online ^ | November 5, 2003 | AP

[sweetliberty]

CLEARWATER, Fla. (AP) - A state circuit judge Wednesday refused to block an effort by the parents of a brain-damage woman to try to get her husband removed as her legal guardian. Attorneys for Michael Schiavo now have to respond in court to charges in the petition that he withheld proper care and therapy from his wife, Terri Schiavo, and that he has a conflict of interest because he's in a romantic relationship with another woman.

Bob and Mary Schindler, parents of Terri Schiavo, asked Circuit Judge George W. Greer to appoint Terri's brother or sister as guardian instead.

Schiavo had asked for the Schindler's request to be dismissed, but Greer refused.

In the past, Greer has repeatedly affirmed Michael Schiavo's legal right to remove Terri Schiavo's feeding tube and allow her to die, as he says she would have wished.

The guardianship issue is a sidebar to what is likely to be a major legal battle over a hastily passed state law that let Gov. Jeb Bush order the reinsertion of Terri Schiavo's feeding tube Oct. 21.

Michael Schiavo's attorney, with backing by the American Civil Liberties Union, has challenged the constitutionality of the law.

[sweetliberty]

Problem with that is that Greer gave him the okay to spend money he was awarded for Terri's care to pay his attorneys, who then tried to have her put down to death. I don't know if Greer knew that is what the legal fees were going to go to though. It might have been that the approval was given for payment of legal fees based on costs incurred as a result of the initial lawsuit. I'm not sure when that ruling was given, so to give Greer the benefit of the doubt, it could be that he didn't know that Shiavo would use the ruling as an okay to hire a contract killer the euthanasiac death brigade to have her terminated.

[Krodg]

Sounds like the judge told him what he needs to hear in order to dismiss the parents suits. He can't dismiss outright so he just gave the husband a roadmap.

1. Explain that you have provided medical care and 2. explain how the additional woman does not provide a conflict, probably with her testimony.

If he denied Michael's Motion to Dismiss, then all of the points the Schindlers filed should be addressed.

After a hearing on Wednesday, Greer rejected a request from Schiavo for the Schindlers' latest petition to be dismissed. That decision means Schiavo's attorneys must respond in court to the charges in the suit, which include:

* Adultery in violation of Florida law;

* Misappropriation of funds awarded by a civil jury for Terri's rehabilitation;

* Conflict of interest. The Schindlers believe Schiavo may be trying to end Terri's life to avoid paying alimony that could be awarded if a new guardian successfully petitioned for a divorce on her behalf;

* Denial of health care in violation of Florida law;

* Failure to meet deadlines for completing guardianship plans as required by Florida law;

* Failure to complete annual guardian training as required by Florida law;

* Authorizing experimental medial procedures without court approval;

* Concealing information from the court; and

* Exceeding the specific guardianship authorities granted by the court, also allegedly in violation of Florida law.

Greer may have a problem with the misappropriation of funds, since he was the one that approved that.

[Aliska]

The way I read it, he gets a pass on financial accounting and must only respond to care/therapy and having a conflict of interest.

The court doesn't seem to want to consider where the money went and for what. Spending her money on a lawyer to have her put to death doesn't seem to be under consideration, nor do some of the other points.

This makes it much easier for the respondent, especially since the peitioners don't have access to all the medical records and don't really know for certain what has or has not been done.

Terri has been provided at least minimal care, so things could get a little murky imo.

All they need to do is weasel out of that and the family is back to square one legally unless something comes through with the other groups looking into things.

[Krodg]

It should be noted that only two out of the several points listed in the guardianship petition were accepted as requiring response. It would have been better if they had to respond to all of them.

That was only one report. Here's another...

http://www.cnsnews.com/ViewCulture.asp?Page=%5CCulture%5Carchive%5C200311%5CCUL20031105f.html

[FITZ]

I just wonder --- if the first court specified "medical care" then how does that get switched to "legal care" later by another court? Would the malpractice lawsuit been won if that court knew Michael never intended that his wife stay alive?

[Krodg]

I do not intent to be a busybody. Just an FYI.

I don't think you're a busybody. You've been a great help.

[FatherOfLiberty]

He'd be outgunned.

[sweetliberty]

Lots of "interesting" questions are being raised, and it may ultimately be in the public interest if some of these issues are revisited and subjected to closer scrutiny. Don't know if it will happen though. I guess it will come down to who has the most to lose by taking that risk. Could get entertaining once Terri was out of danger.

[Aliska]

CNS. Not a major network and we'll have to see if they got it right. Time will tell. Thanks for the link.

Adultery in violation of Florida law;

Misappropriation of funds awarded by a civil jury for Terri's rehabilitation;

Conflict of interest. The Schindlers believe Schiavo may be trying to end Terri's life to avoid paying alimony that could be awarded if a new guardian successfully petitioned for a divorce on her behalf;

Denial of health care in violation of Florida law;

Failure to meet deadlines for completing guardianship plans as required by Florida law;

Failure to complete annual guardian training as required by Florida law;

Authorizing experimental medial procedures without court approval;

Concealing information from the court; and

Exceeding the specific guardianship authorities granted by the court, also allegedly in violation of Florida law.

[Graymatter]

>>Problem with that is that Greer gave him the okay...

That's true, I very much doubt MS has anything to worry about on that score. Nobody's going to prosecute him for doing what a judge approved beforehand. Or even afterhand.

And about that possible insurance...if he's the beneficiary of a policy, nothing's likely to change that, as long as he pays the premiums. If he survives Terri he gets that money.

Then there's the award booty. That will probably turn out to be so depleted, and the remainder owed to Felos or the hospice, that it won't be a concern to MS.

Then there's the financial obligation. He can put his assets in his girlfriend's name, if he hasn't already done so.

Then there's the money he can make selling literary and other rights to the story. IF the new guardian sues on Terri's behalf, he gets less than all, but he gets something.

Looks to me like none of the above constitute major concerns for Michael.

That leaves one issue. If Terri gets a new guardian, all her medical records are open to inspection.

THAT is a problem for Michael Schiavo. That is what he's fighting so ferociously about. That's why he wants her dead and promptly cremated.

[Aliska]

Would the malpractice lawsuit been won if that court knew Michael never intended that his wife stay alive?

Interesting question. Conceivably, if he had stated that his wife had a poor prognosis, he still could have gotten substantial damages. If there really was malpractice, that would apply whether she lived or died imo.

He may have been playing on the sympathy of the jury in stating his devotion and intentions to care for her himself on a long-term basis, or that may truly have been his intention at the time.

[FatherOfLiberty]

For stroke survivors, it means a huge, basic, frustrating curriculum. The course on Eating, for example is marked by such sub-courses as Picking Up a Spoon; Putting the Food in Your Mouth Instead of Your Eye; Chewing; and Swallowing.

Thanks for posting that snippet, Agrace. I am an occupational therapist and used to work with people that had head injuries, strokes, spinal cord injuries, etc. Us OT's get to "teach" all of those "sub-courses" she so humorously described.

Reminds me of an old Far Side cartoon that pictured a kid sitting on the side of his bed with socks and shoes in hand. On the wall was a sign that said, "Remember Billy: First your socks and THEN your shoes."

[Aliska]

He can put his assets in his girlfriend's name, if he hasn't already done so.

All his future earnings would be considered if there were a divorce, and he would be liable for her care as her husband and next-of-kin. He has to protect himself from that which could be one of the reasons he doesn't go for a divorce.

[FITZ]

What if he has actually hidden some of Terri's lawsuit award money in his lover's name? Maybe it didn't all go to the lawyer but maybe much of it went to his mistress. Wouldn't that be some kind of crime? Steal from a wife to give to the mistress?

[NonValueAdded]

Lots of "interesting" questions are being raised, and it may ultimately be in the public interest if some of these issues are revisited and subjected to closer scrutiny.

Absolutely. I'm surprised that Alzheimer groups aren't taking a close look at how a quality-of-life issue could ultimately be used by Gen-X'ers as the way out of the SocSecurity and Medicare crisis of 2020.

When I first heard about Terri's plight, I was under the impression she was brain dead. I had no idea how alive someone is in a Permanent Vegitative State. I wonder if Nova would ever delve into the subject? Someone should. I'll bet that a poll would show 75% or more of the general public thinks Terri is brain dead as in no EEG activity. 5 minutes of the video showing eyes open, smiling, etc. would change most people's minds.

Is there any progress by the Advocacy Center for Persons with Disabilities, the state protection agency for disabled persons? (See http://www.centredaily.com/mld/centredaily/news/7079354.htm , the Chicago Tribune 10/22/03 story).

[Wampus SC]

There's good news by the minute tonight!

""It's almost unbelievable that the governor of our state and someone who we hope would show some integrity and leadership would resort to such a low and trashy legal move in this case," Felos said."

Felos makes a mistake, then blames it on Jeb. That figures. And Felos is in no position call anything anyone does "low and trashy", especially Jeb Bush.

Gawd it is good to see someone finally make that worm Felos squirm.

Yeah, ain't it the truth.

[Travelgirl]

my guess is that Judge Greer changed his TUNE because of (the short list): The glaring spotlight, FReepers, public opinion against the death culture, possible review of his previous rulings!

You are right on!!

[FITZ]

he still could have gotten substantial damages.

I just wonder if there is any legal requirement to spend lawsuit money a particular way if it was awarded for the care of someone versus money won just for damages. I've read that $700,000 was to go to her care and $300,000 went to him for damages. I hope they change the guardian to someone in her family ---- and also look at if he owes her money --- or if the girlfriend has money that was meant to go to the medical care of the wife.

[FITZ]

I'm surprised that Alzheimer groups aren't taking a close look at how a quality-of-life issue could ultimately be used by Gen-X'ers as the way out of the SocSecurity and Medicare crisis of 2020.

In France this summer, apparently fans and air-conditioning was considered extraordinary life-support for their elderly. Imagine how much of the pension money and other government money has now been saved in France.

[Saundra Duffy]

I think the HINO has made some kind of sick underhanded $$$ deal with Felos ("mini-me").