DISQUALIFIED PERSONS.--No person who has been convicted of a felony or who, from any incapacity or illness, is incapable of discharging the duties of a guardian, or who is otherwise unsuitable to perform the duties of a guardian, shall be appointed to act as guardian. Further, no person who has been judicially determined to have committed abuse, abandonment, or neglect against a child as defined in s. 39.01 or s. 984.03(1), (2), and (37), or who has 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, shall be appointed to act as a guardian. Except as provided in subsection (5) or subsection (6), a person who provides substantial services to the proposed ward in a professional or business capacity, or a creditor of the proposed ward, may not be appointed guardian and retain that previous professional or business relationship. A person may not be appointed a guardian if he or she is in the employ of any person, agency, government, or corporation that provides service to the proposed ward in a professional or business capacity, except that a person so employed may be appointed if he or she is the spouse, adult child, parent, or sibling of the proposed ward or the court determines that the potential conflict of interest is insubstantial and that the appointment would clearly be in the proposed ward's best interest. The court may not appoint a guardian in any other circumstance in which a conflict of interest may occur.
This section of the law was probably used in attempts to remove Michael from his role as Guardian. Prob
Here's what the law describes as conflicts of interest:
744.446 Conflicts of interest; prohibited activities; court approval.--
(1) It is essential to the proper conduct and management of a guardianship that the guardian be independent and impartial. The fiduciary relationship which exists between the guardian and the ward may not be used for the private gain of the guardian other than the remuneration for fees and expenses provided by law. The guardian may not incur any obligation on behalf of the guardianship which conflicts with the proper discharge of the guardian's duties.
(2) Unless prior approval is obtained by court order, or unless such relationship existed prior to appointment of the guardian and is disclosed to the court in the petition for appointment of guardian, a guardian may not:
(a) Have any interest, financial or otherwise, direct or indirect, in any business transaction or activity with the guardianship;
(b) Acquire an ownership, possessory, security, or other pecuniary interest adverse to the ward;
(c) Be designated as a beneficiary on any life insurance policy, pension, or benefit plan of the ward unless such designation was validly made by the ward prior to adjudication of incapacity of the ward; and
(d) Directly or indirectly purchase, rent, lease, or sell any property or services from or to any business entity of which the guardian or the guardian's spouse or any of the guardian's lineal descendants, or collateral kindred, is an officer, partner, director, shareholder, or proprietor, or has any financial interest.
(3) Any activity prohibited by this section is voidable during the term of the guardianship or by the personal representative of the ward's estate, and the guardian is subject to removal and to imposition of personal liability through a proceeding for surcharge, in addition to any other remedies otherwise available.
And finally, the section on removal of a guardian:
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.
(18) After appointment, the guardian becomes a disqualified person as set forth in s. 744.309(3).
(19) Upon a showing by a person who did not receive notice of the petition for adjudication of incapacity, when such notice is required, or who is related to the ward within the relationships specified for nonresident relatives in ss. 744.309(2) and 744.312(2) and who has not previously been rejected by the court as a guardian that:
(a) The current guardian is not a family member; and
(b) Removal of the current guardian is in the best interest of the ward, the court may remove the current guardian and appoint the petitioner, or such person as the court deems in the best interest of the ward, either as guardian of the person or of the property, or both
More:
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.
History.--s. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 85, ch. 89-96; s. 59, ch. 90-271.
Note.--Created from former s. 746.04.
744.511 Accounting upon removal.--A removed guardian shall file with the court a true, complete, and final report of his or her guardianship within 20 days after removal and shall serve a copy on the successor guardian and the ward, unless the ward is under 14 years of age or has been determined to be totally incapacitated.
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But what does this all mean? It means that insofar as the law is concerned, Judge Greer covered his behind. As you can see, Michael Schiavo's guardianship could only be terminated if the judge felt it necessary. His position as spouse appears to have exempted him from removal, allowing him to do as he wished with their joint marital estate, without being subject to automatic removal, since that power is his as the spouse.
Whereas the fact that no specific example was given for his particular conflict of interest, having another family with another woman, allowed the judges to decide if this constituted sufficient cause for removal, as a conflict of interest. They of course decided that it wasn't.
So, it is true that one can't blame the law as being unfair or unjust. The law in this case just is what it is, and unfortunately... tragically, Terri's particular circumstances have no applicable statues in regards to her guardianship which can save her... save one.
744.3215 Rights of persons determined incapacitated.--
(d) To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.
To properly define the allowing of her person to be denied sustenance, and to have her starvation and dehydration and death enforced by a court order, defined properly as abuse and neglect.
I've shown him that. He just comes back with "it's survived judicial review 12 times" or something similiar. I'm paraphrasing here.
HE IS THE PROXY as husband! Name of actual gaurdian provided in above earlier posts. Thanks.