A duly-appointed lawyer for a person who cannot communicate in words is empowered to file such pleadings in that person's name as a "reasonable person" would authorize in that circumstance. It would have been malpractice for any independent lawyer for Terri NOT to file for divorce after Michael moved in with another woman AND took control of $1.6 million in Terri's name.
John
So, in other words, you don't have a problem with people making decisions for disabled people who are unable to reach those decisions on their own...as long as YOU agree with the decisions being made.
Several petitions to discontinue guardianship WERE filed. They were denied and/or not ruled on in a timely manner (depending on the petition). Many causes of action were cited, including his failure to provide care and therapy as recommended by the doctors, failure to provide annual reports/plans of care (required by Florida law), failure to provide annual financials (required by Florida law), conflict of interest due to his relationship, etc.
Don't know whether it was the fault of the Schindler attorneys at the time, or the court's fault, but MS remained as guardian.