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To: AndrewC
In Florida, an incapacitated person has the "right to counsel" during proceedings to determine their incapacity despite your feelings on the matter desire to give them lawyers for life.

Fixed that for you.

2,785 posted on 04/01/2005 11:36:31 AM PST by general_re ("Frantic orthodoxy is never rooted in faith, but in doubt." - Reinhold Niebuhr)
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To: general_re
Fixed that for you

Sorry. the law does not give you the right to change it.

"744.3215 Rights of persons determined incapacitated.--(1) A person who has been determined to be incapacitated retains the right:" means something. In any case, a guardian could be anybody depending on the situation.

2,786 posted on 04/01/2005 11:52:12 AM PST by AndrewC (All these moments are tossed in lime, like trains in the rear.)
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To: general_re

I do think Terri should have had her own lawyer. There was a potential conflict of interest between both she and her parents and she and her husband. The Guardian Ad Litem should have requested that the court allow one to be hired for her.

Michael Schiavo should have had to use his own funds to hire his own lawyer, and Terri's funds should have been used for her lawyer.

I probably should send a letter to the Florida Bar Association to that effect, it seems like legal malpractice as well as a breach of ethics.


2,795 posted on 04/01/2005 12:56:09 PM PST by CobaltBlue (Extremism in the defence of liberty is no vice. Moderation in the pursuit of justice is no virtue.)
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