Action Plan for Terri Schiavo

Action Plan for Terri Schiavo: Baird, Demers, Greer, McCabe

March 30, 2004

By Julie Kay Smithson

Our girl, Theresa Marie 'Terri' Schindler Schiavo, has long been a prisoner. Longer than most surviving prisoners of war, Terri waits in silence, trapped by the trauma that left her almost blind and severely brain-damaged -- for someone, for many someones, to help her escape the clutches of one whose 'care' more closely resembles the 'care' that a leech would give its host, draining it of its ability to live.

Not only has Terri's health been held in abeyance

Michael Shiavo abhors Terri, so much so that he moved in with a concubine years ago and has sired two out-of-wedlock children by her: Jodi Centonze is her name. He and Jodi have purchased a home together, a home that may have been purchased with funds mandated to be spent on Terri's care.

Why has he not divorced Terri and married Jodi?

The answer is not money, although that certainly has been an integral part of the equation.

The answer is that Michael is AFRAID.

He is AFRAID that Terri might be able to someday tell the world what Michael Schiavo did to her that caused her to stop breathing that night of February 25, 1990 -- and he knows that he would go to prison for what he did, if the ONLY WITNESS: the VICTIM, were able to testify against him. He will do ANYTHING to keep Terri quiet.

Why do I speak out for Terri, having never met the sweet lady? I speak out because someone just like Michael almost killed me, in 1977, and there but for the Grace of God, could be ME, in Terri's place. I would not wish such abuse on anyone, and the thought of Terri having lived through the initial injury, only to be forced to live in this 'House of Horrors' for FOURTEEN MORE YEARS, trapped in a body that could be much more mobile and pain-free but for the threats by Michael to anyone that would help her.

I KNOW HOW IT FEELS TO BE AT THE HANDS OF SUCH A CRUEL AND SICK, VIOLENT PERSON -- I'VE BEEN THERE AND HAD THAT DONE TO ME!

Terri's 'care' at Michael's hands would be enough -- had it been his 'care' of a dog or cat -- to have that animal removed from his care. At his hands, Terri has been traumatized, not once, but time after time, year after endless year, for more than one-third of her life. Caregivers that objected to the insulin levels that Terri had, after Michael emerged from her room, where he spent up to an hour alone with her, and for their concern, were summarily dismissed. Many of them saw the abject terror and stress that Terri endured when Michael 'came to call.' Many of them vividly remember his profanities, uttered in loud tones of rage when he learned that she was still living. He hoped for her death. He wished for it out loud, before witnesses. Many of those witnesses still fear for their lives if they testify against Michael and for Terri. More than one of these caregivers, I am told, has met an untimely, 'accidental' death.

Her wardens -- 'husband' Michael Schiavo, his attorneys, the Florida court 'system', the Florida 'law enforcement' 'system', etc. -- have, for one-third of Terri's life, denied Terri the simplest things:

Rehabilitation, to come back from the horrific injuries that happened to her on February 25, 1990, while alone with Michael Schiavo. These injuries included the cessation of her breathing, but also involved 'a history of trauma,' which could only have come at the hands of Michael Schiavo. A young, healthy woman whose husband told the EMTs that he'd attempted mouth-to-mouth resuscitation of Terri, was sitting on the couch when they arrived, and Terri? She was lying FACE DOWN! The bone scan done less than a year after her brain-disabling breathing lapse showed evidence of strangulation. This same 'rigid neck' caused the emergency medical technicians to file a police report the day of her injuries. What became of that report? Did Michael quash that?

Loving care: Terri has been denied things that we take for granted: the feel of warm sunshine on her face, a breeze through her hair, her favorite music, a therapeutic massage, the soft fur of a dog or cat (oh, how Terri loved animals, and how she must miss them in her lonely dungeon) under her fingers.

The things that her loving family have tried to provide her with: nice nightgowns and robes, pretty things for her to see, makeup for her to be adorned with (Look at Terri! She is beautiful, even with her grievous injuries!). All these things are denied her, by Michael Schiavo. What does this 'loving and devoted husband' provide Terri with? An armed rent-a-cop that sees to it that no one that loves Terri may give her the love and rehabilitation that was ordered to be given to her, YEARS AGO. It has been almost EIGHT YEARS since the courts ordered Terri to have real care.

Unhindered visits by those that love her, including, but not limited to, her mom and dad, sister and brother -- and those of us, so many of us, that have come to love her as we have known that, there but for the Grace of God, go any one of us.

Responsible care provided by accountable caregivers.

The protection FROM abuse -- the very abuse that she has been FORCED by judges, attorneys and 'law enforcement' to endure lo! these many years -- that any person should have, Terri has been DENIED.

This very minute, Terri's parents should be able, with police escort, to go to Terri's prison cell and remove her, take her to a place where REAL LOVING CARE and PROTECTION FROM MICHAEL SCHIAVO, will be given. The armed guard should be there only to protect Terri FROM such as Felos, Michael Schiavo, etc.

Michael Schiavo should be immediately placed under, at the very LEAST, house arrest, until such time as the Schindler's attorneys can get the evidence gathered to have him tried for attempted murder, felonious assault, extreme mental and physical cruelty, and -- last but not least -- alienation of affection and adultery.

What kind of 'husband' lives in a high-dollar home with a female that is not his wife, fathers children by said female, drives a high-dollar Mercedes and continues to live off Terri like a leech off its host -- all without fear of punishment or reprisal?

What kind of man continues to apparently hold sway over the major media, courts, law enforcement agencies, hospitals, hospices, etc.?

Why will no one call Michael Schiavo and those surrounding him with a blanket of amnesty, the criminal that he is? Why is he still free to live and enjoy life -- while he sees to it that his once-upon-a-time sweetheart, Theresa Marie, is treated worse than a prisoner on death row?

WHY?

Okay, now for the Action Plan. It is time -- it is far past time -- that we contact ALL of the following individuals and provide them with the same information (even knowing that they already have it), ask them the same questions, and DEMAND that they charge the criminal with the crimes he has committed, because to fail to do so is to join him and become a fellow criminal.

Ask any/all of the below how they would like to be in Terri's place, knowing that 'the system' did not intend to help, EVER -- that 'the system' intended to allow a criminal to put an innocent woman in the grave to keep her quiet -- and knowing everything going on around them but being unable to tell the world that they could see and hear and feel thirst and hunger and the kiss of their mother on their cheek? How would THEY like it?

State Attorney Bernie McCabe

14250 49th Street North

Clearwater, FL 33762

bmccabe@co.pinellas.fl.us

727-464-6221

McCabe's secretary will tell you that Terri's is a civil, not a criminal, case. I told her that repeated attempts at murder, resulting in a severely brain-disabled woman who's been held hostage illegally at a hospice for the terminally ill and forbidden to receive loving care and rehabilitation by her REAL FAMILY, by the whims and directly at the hands the fatally flawed system of courts, law enforcement, etc., IS CRIMINAL -- there's nothing 'civil' about it!

ADMINISTRATIVE JUDGES and CIRCUIT ASSIGNMENTS – PINELLAS COUNTY, FLORIDA, JANUARY 1, 2004, THROUGH DECEMBER 31, 2004

The Sixth Judicial Circuit of Florida Judges' Addresses and Phone Numbers

W. Douglas Baird (Circuit Criminal, Section B)

Chamber 4

14250 49th Street North

Clearwater, FL 33762

courts@jud6.org

727-464-6425

David A. Demers (Chief Judge) Appeals division

Room 400

545 First Avenue North

St. Petersburg, FL 33701

727-582-7882

ddemers@co.pinellas.fl.us

George W. Greer (Circuit Probate, Section 3)

Room 484

315 Court Street

Clearwater, FL 33756

727-464-3933

ggreer@co.pinellas.fl.us

Circuit Probate division, Section 3

courts@jud6.org

http://www.jud6.org/Addresses/JudgesPhoneNumbers/judgeaddressandphonelist.htm

Bush, parents of Terri Schiavo surprised at guardian's discharge

(Note: The bad guys are working feverishly to kill Terri -- we must not let them get away with this! It is all too obvious that Michael Schiavo has considerable 'clout' with the judges -- Demers and Greer, at least, and that MS' 'influence' has extended to Bernie McCabe, who continues to pretend that it's 'not his job' to protect Terri and others from the merchants of death -- and others in positions of power. It is also apparent that our efforts are far from complete -- we have a LOT of help yet to offer Terri, and much networking to do! From emails to faxes to letters to phone calls to Letters to the Editor of Many Newspapers / magazines / radio/tv stations, we have MUCH to do in order to get Terri out from under the deadly cloud that still lusts to envelop her.)

December 22, 2003

By Adrian Sainz, Associated Press

Bradenton Herald

102 Manatee Avenue West

Bradenton, FL 34205

941-748-0411

(Editorial editor David Klement: 941-745-7047)

http://www.bradenton.com

To submit a Letter to the Editor: dklement@bradentonherald.com

Both Governor Jeb Bush and the parents of a severely brain-damaged woman at the center of a right-to-die case said Monday they were surprised that a judge discharged an independent guardian for the woman from the case.

Lawyers for the governor were working Monday on a request asking Chief Circuit Judge David A. Demers in St. Petersburg to reinstate Jay Wolfson as Terri Schiavo's guardian ad litem, Bush spokesman Jacob DiPietre said.

Meanwhile, Bush's attorneys filed a notice of automatic stay in another court late Monday afternoon, a move that may delay a scheduled Tuesday hearing on the constitutionality of a law used by Bush to order the woman be kept alive pending further court action.

The woman's husband, Michael Schiavo, wants Circuit Judge W. Douglas Baird of Clearwater to issue a final order Tuesday striking down the law.

It was unknown Monday night if an additional hearing would be scheduled on the automatic stay filing. Baird has lifted a past automatic stay filing by Bush's attorneys, saying further delays in resolving the case violate Terri Schiavo's constitutional rights.

Florida courts had repeatedly said Michael Schiavo has the right to remove his wife's feeding tube because he's her medical and legal guardian. She had gone without water and nutrition for six days in October before the Legislature and Bush stepped in to have the tube reinserted.

Michael Schiavo's attorney, George Felos, also has said the narrowly constructed and hastily passed law violated Terri Schiavo's right to privacy and violates the separation-of-power provisions of the Florida Constitution.

Bush learned Friday that Demers had discharged Wolfson in an order dated Wednesday, DiPietre said. Bush found out about the dismissal a day after he sent a letter to Wolfson with several questions regarding Schiavo, who is being kept alive by a feeding tube.

"The governor is disappointed that the judge discharged the guardian ad litem," DiPietre said. "From the very beginning, the governor stressed the need for an advocate and third party" to serve Schiavo's interests, he said.

Wolfson is a lawyer and University of South Florida professor appointed by the court to investigate the case. He completed his report earlier this month, finding there is virtually no medical evidence that Terri will ever recover from a persistent vegetative state she entered more than 13 years ago. However, Wolfson recommended tests to determine if she could be taught to swallow and eat on her own.

"We concur with Judge Demers that the guardian at litem completed the task that was assigned to him," Felos said.

Terri Schiavo was 26 in 1990 when her heart stopped from doctors believe was a potassium imbalance, likely from her bulimia. Her heart was restarted, but her oxygen-deprived brain was left permanently damaged.

Schiavo, now 40, has been at the center of a long legal battle between her husband, Michael Schiavo, and her parents, Bob and Mary Schindler. Her husband wants to remove her feeding tube so she can die, saying she wouldn't want to be kept alive artificially.

The Schindlers dispute doctors' assertions that their daughter is in a persistent vegetative state and believe her condition could improve with therapy.

Pat Anderson, the Schindlers' lawyers, said Monday that she was surprised by the guardian's removal. She said the family still wants a permanent guardian to represent Terri Schiavo and insist Michael Schiavo's interests are conflicted because he is engaged to another woman and has children with her.

In Bush's letter to Wolfson, dated Thursday, he asked several questions about Schiavo's "nutrition and hydration," including what experiences Schiavo would have in the process of dying by starvation and what statements she ever made regarding her wishes should she ever be in a persistent vegetative state.

http://www.bradenton.com/mld/bradenton/7552180.htm

The number to call to report abuse of this statute is:

1-800-926-2873 (1-800-96ABUSE)

Excerpt: WHO IS ELIGIBLE FOR THESE SERVICES IN FLORIDA? "A disabled person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental limitations which substantially restrict his/her ability to perform the normal activities of daily living."

This is the full website address where this information was obtained:

http://www.floridalawhelp.org/FL/showdocument.cfm/County/%20/demoMode/%3D%201/Language/1/

State/FL/TextOnly/N/ZipCode/%20/LoggedIn/0/rpc/1330700/doctype/url/ichannelprofileid/3694/

ichanneldocid/2051/iorganizationid/679/itopicID/601/iProblemCodeID/1330700/iChannelID/75/

isubtopicid/1/iproblemcodeid/1330700

ADULT PROTECTIVE SERVICES

FLORIDA LAW

The Florida Abuse Hotline Information System (FAHIS), a part of the Department of Children & Families, provides a uniform system to receive reports of adult abuse, neglect or exploitation from the entire state. Chapter 415, F.S., requires that any person who has knowledge of or suspects that an elderly person or disabled adult (victim) has been abused, neglected or exploited must report such knowledge or suspicion immediately to FAHIS through the 24 hour, toll-free telephone number 1-800-96ABUSE or 1-800-926-2873.

ADULT PROTECTIVE SERVICES

The Adult Protective Services Program is a system of specialized social services directed toward assisting victims who are unable to manage their own affairs, carry out activities of daily living, or protect themselves from abuse, neglect, or exploitation. Assessment of an individual's need for protective services will be initiated in response to a reported allegation of abuse, neglect, or exploitation. The four components of Adult Protective Services are the following:

On-site investigation of reports of alleged abuse, neglect or exploitation. Determination of immediate risk to the victim and provision of necessary emergency services. Evaluation of the need for on-going protective supervision; and Provision of on-going protective services.

THE PROTECTIVE INVESTIGATION

Chapter 415, F.S., requires the Department of Children & Families to conduct an investigation of all reports received that allege abuse, neglect, or exploitation. The purpose of the investigation is to determine if there is evidence that a victim has been abused, neglected, or exploited and if assistance is necessary to protect the individual's health and safety. A protective investigator from the Department will make a face-to-face contact with the victim within 24 hours of receiving an abuse, neglect, or exploitation report (excluding Saturdays, Sundays, and legal holidays for an exploitation report). If any person refuses to allow the protective investigator access to the victim, law enforcement may be called to assist. Once access to the victim is obtained, the protective investigator will interview all persons who may have knowledge of the victim's situation, evaluate the information obtained, and make a decision as to whether the reported allegations did or did not occur.

As a part of the investigation, the Department must assess the risk to the victim in the home or facility and take action to protect the victim from harm. To assess risk, the protective investigator considers the severity of the injury or harm to the victim, the physical and mental ability of the victim to protect himself or herself, the prior abuse history of the victim, the physical home environment, and the likelihood that the victim will be harmed in the future.

When a victim is at risk and will not be safe in his/her present living arrangements, the Department may place the victim in a more suitable living arrangement in the least restrictive setting. Placement may be in the home of a relative or friend or a home for elderly persons or disabled adults such as an assisted living facility, adult family-care home, or a nursing home. A victim who is capable of making his/her own decisions must request or consent to placement in order for placement to occur. A victim who is not capable of making this decision, may be removed and placed in a safer environment by the Department.

Any time a victim who is not capable of making a decision is removed an placed, the court must review the reasons for the placement and decide if continued placement is necessary. The Department must petition the court for a hearing within 24 hours of the victim's removal from the home (excluding Saturdays, Sundays and legal holidays). A hearing must then be held within 4 days of the petition. The victim of a report, the victim's spouse, guardian, legal counsel, adult children, and next of kin, have the right to be present at any hearing.

INFORMATION YOU PROVIDE

All information obtained from interviews and other sources will be used to assess the risk to the victim and to classify the report. All information obtained during an investigation is confidential. The information obtained during the investigation can be used as evidence in any court proceedings. The Department is required by law to notify the state attorney and law enforcement of reports of abuse, neglect, or exploitation under certain circumstances.

CONFIRMED PERPETRATOR

The identified perpetrator in a "confirmed report may be disqualified from working with children, elderly persons or disabled adults and subject to a civil penalty of up to $1,000.00.

CRITERIA

The allegations must constitute abuse, neglect, or exploitation as defined in Section 415.102, F.S. Definitions: a) "Abuse" means the non-accidental infliction of physical or psychological injury or sexual abuse upon an elderly person or disabled adult by a relative, care giver, or household member, or an action by any of those persons which could reasonably be expected to result in physical or psychological injury or sexual abuse of the victim by any person, Abuse is also the active encouragement of any person by a relative, care giver, or household member to commit an act that inflicts or could reasonably be expected to result in physical or psychological injury.

b) "Neglect" means the failure or omission on the part of the care giver or elderly person or disabled adult to provide the care, supervision, and services necessary to maintain the physical and mental health of the elderly person or disabled adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, that a prudent person would consider essential for the well-being of an elderly person or disabled adult. "Neglect" is also the failure of a care giver to make a reasonable effort to protect the victim from abuse, neglect, or exploitation by others.

c) "Exploitation" means a person who stands in a position of trust and confidence with a disabled adult or elderly person, and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use the funds, assets, or property of the elderly or disabled person for the benefit of someone other than the victim.

A person who knows or should know that the disabled adult or elderly person lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use the funds and assets, or property of the elderly or disabled person for the benefit of someone other than the victim.

PENALTIES

A person required by s.415.103, F.S. to report a case of known or suspected abuse, neglect, or exploitation of an elderly person or disabled adult and who knowingly and willfully fails to do so, or who knowingly and willfully prevents another person from doing so, commits a misdemeanor of the second degree, punishable as provided in s.775.082.

A person who knowingly and willfully makes public or discloses any confidential information contained in the central abuse registry and tracking system, or in other computer systems, or in the records of any case of abuse, neglect, or exploitation of an elderly person or disabled adult, except as provided in ss.415.101-113, F.S., commits a misdemeanor of the second degree, punishable as provided in s.775.082 or 775.083, F.S.

A person who knowingly and willfully makes a false report or who advises another to make a false report, commits a misdemeanor of the third degree felony as provided in s.775.082 or s.775.083, F.S. The Department of Children & Families may also impose fines for false reporting.

Section 825.102, 103, F.S., provided additional criminal penalties.

ADULT PROTECTIVE SERVICES - WHAT IS IT?

The legislature recognizes that there are many in this state who because of age or disability are in need of protective services. It is the intent of legislature to provide for the detection and correction of abuse, neglect, and exploitation through social services and criminal investigations and to establish a program of protective services for all elderly persons or disabled adults in need of them. (Florida Statutes 415.101)

WHAT IS ABUSE?

Abuse means the non-accidental infliction of physical or psychological injury or sexual abuse upon an elderly or disabled adult, by a relative, caregiver, or household member or an action by any of these persons which could reasonably be expected to result in physical or psychological injury or sexual abuse of an elderly or disabled adult. Abuse is also the active encouragement of any person, by a relative, caregiver, or household member to commit an act that inflicts or could reasonably be expected to result in physical or psychological injury.

WHAT IS EXPLOITATION?

Exploitation means a person who stands in a position of trust and confidence with a disable adult or elderly person and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use the funds, assets, or property of the elderly or disabled person for the benefit of someone other than the victim.

A person who knows or should know that the disabled adult or elderly person lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use the funds and assets, or property of elderly or disabled persons for the benefit of someone other than the victim.

WHAT IS NEGLECT?

Neglect means the failure or omission on the part of the caregiver or elderly or disabled adult to provide the care, supervision, and services necessary to maintain the physical and mental health of a disabled or elderly person, including but not limited to food, clothing, medicine, shelter, supervision, and medical services, that a prudent person would consider essential for the well being of an elderly or disabled person, The term "neglect" also means the failure of a caregiver to make a reasonable effort to protect a disabled or elderly person from abuse, neglect, or exploitation by others. "Neglect" is repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in serious physical or psychological injury or a substantial risk of health.

WHO IS ELIGIBLE FOR THESE SERVICES IN FLORIDA?

An elderly person 60 years of age or older who is suffering from the infirmities of aging or other physical, mental, or emotional dysfunctino to the extent that the person is impaired in his/her ability to adequately provide for his/her own care or protection.

A disabled person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental limitations which substantially restrict his/her ability to perform the normal activities of daily living.

REPORTING OF ABUSE, NEGLECT AND EXPLOITATION?

Florida Statutes mandate any person who knows or has reasonable cause to suspect that an aged person or disabled adult is being abused, neglected or exploited shall immediately report such knowledge or suspicion to the Florida Abuse Hotline Information System (FAHIS) on the state wide toll free telephone number

1-800-96-ABUSE or 850-921-4418 850-488-8762 850-488-1429

Fax: 1-800-914-0004

Mail report to:

1317 Winewood Boulevard, Bldg. 5, 4th Floor

Tallahassee, FL 32399-0700

ADULT PROTECTIVE SERVICES INVESTIGATIONS

Adult protective services investigations will begin within 24 hours of receipt of a report of possible abuse.

At the completion of its investigations, reports will be classified as Unfounded, Closed Without Classification, or Proposed Confirmed.

Referrals will be made to criminal justice agencies, the State Attorney, the Human Rights Advocacy Committee (HRAC), Long Term Care Omsbudsman Council (LTCOC) and the Agency for Health Care Administration (AHCA) as appropriate.

APS staff will evaluate and assess the need for ongoing protective social services emergency removal, protective placement, and other necessary social service supports as deemed necessary and appropriate in such individual situations.

FLORIDA ABUSE HOTLINE INFORMATION SYSTEM

1-800-96-ABUSE

District Four

5920 Arlington Expressway

Jacksonville, FL 32231-0083

LIVING WILL AND HEALTH CARE SURROGATE

There are two general concepts that apply to both living wills and health care surrogates -- life-prolonging procedure and terminal illness. What is a life-prolonging procedure? A life-prolonging procedure means any medical procedure, treatment, or intervention which:

(1) Utilizes mechanical or other artificial means to sustain, restore, or supplant a spontaneous vital function; and

(2) When applied to a patient in a terminal condition, serves only to prolong the process of dying.

The term "life-prolonging procedure" does not include the administration of medication or the performance of a medical procedure that is necessary to provide comfort or to alleviate pain.

WHAT IS A TERMINAL ILLNESS?

A terminal illness is defined as:

(1) A condition caused by injury, disease, or illness from which there is no reasonable medical probability of recovery, and which, without treatment, can be expected to cause death

(2) A persistent vegetative state characterized by a permanent and irreversible condition of unconsciousness in which there is: 1) the absence of voluntary action or cognitive behavior of any kind; and 2) an inability to communicate or to interact purposefully with the environment

(3) An end-stage condition; condition caused by injury, disease or illness which has resulted in severe permanent deterioration indicated by incapacity and complete physical dependency, and for which to a reasonable degree of medical certainty, treatment of the irreversible condition would be medically ineffective.

In determining whether a medical condition or limitation referred to in an Advance Directive exists, the patient's treating physician and at least one other consulting physician must separately examine the patient. The separate findings must be documented in the patient's medical record and signed by each examining physician before life-prolonging procedures may be withheld or withdrawn.

When you have either a living will or a health care surrogate, the physician and hospital must abide by the wishes expressed in those documents. A health care provider who refuses to comply with your wishes is obligated to make reasonable efforts to transfer you within seven days to another provider who will comply with your wishes. The law does not require a provider to act in a way contrary to his/her moral or ethical beliefs concerning life-prolonging procedures if you are not in an emergency condition, and if you have received written information upon admission informing you of the provider's policy regarding such moral or ethical beliefs. If there are problems with the provider's compliance to the Florida Advance Directive laws, your surrogate or someone on our behalf should see the advise of an attorney.

HEALTH CARE SURROGATE

A Health Care Surrogate is a competent adult expressly designated by you to make health care decisions for you if you become unable to make those decisions. A document designating a health care surrogate may also designate an alternate surrogate. If neither the designated surrogate nor the designated alternate surrogate is able or willing to make health care decisions on your behalf, a health care facility may seek the appointment of a proxy. A proxy means a competent adult who you have not chosen to make health care decisions for you, but who, nevertheless, is authorized by the court to make health care decisions for you.

The terms of a Health Care Surrogate Designation take effect whenever your treating physician and another physician conclude that you lack the capacity to make health care decisions for yourself. Unless the document states a time of termination, the designation shall remain in effect.

DURABLE POWER OF ATTORNEY

A Durable Power of Attorney is a signed, dated, and witnessed legal document in which you designate a person as your attorney-in-fact. A Durable Power of Attorney permits the person you have designated to handle all financial and legal matters for you, including banking, real estate matters, government benefits, living arrangements, health care, and many other matters pertinent to your needs. The Durable Power of Attorney must be in writing and must state the relationship of the parties (family or otherwise). It must include the words, "This Durable Power of Attorney shall not be affected by disability of the principal except as provided by statute FS _709.08" or similar words. The words must clearly show your intent that the power conferred will continue even if you become incompetent. A properly executed Durable Power of Attorney can avoid the necessity of someone seeking a court-appointed guardian to handle your affairs if you become incapable of making decisions for yourself. To revoke a Durable Power of Attorney, this should be done in writing, with two (2) witnesses, notarized and send a copy of the revocation certified mail to your attorney-in-fact.

TESTAMENTARY CAPACITY - Any person who is 18 or more years of age and who is of sound mind may make a will. You are deemed to have the requisite testamentary capacity if you can understand the nature and extent of the property to be disposed of by will, your relationship to those who would naturally claim the benefits of the will, and the effect of the terms of the will. The fact that a person is mentally weak or has been adjudicated incompetent to handle his or her day-to-day affairs does not mean that person lacks testamentary capacity, if he or she can comprehend matters that relate to the testamentary disposition of his or her property.

GUARDIANSHIP AND SOME ALTERNATIVES

Some people,due to sickness or age may need help from others to take care of themselves and/or their property. In some cases, this is done under the supervision of a judge through guardianship proceedings.

WHAT IS A "GUARDIAN"?

A guardian is someone who is appointed by a judge to make personal decisions for, or manage the property of a person that a judge has determined is legally incompetent.

WHEN IS A PERSON LEGALLY INCOMPETENT?

A person is legally incompetent when a judge determines that the person, due to age (under 18 years), mental illness, retardation, or other physical or mental capacity, is unable to make decisions regarding his care or manage his property.

WHAT STEPS MUST BE TAKEN BEFORE A GUARDIAN IS APPOINTED?

A close relative, or three citizens of the State of Florida who know the person, must file a petition requesting the judge find that the person is legally incompetent. The judge will review a report of a committee of doctors and hold a hearing before deciding whether a person is legally incompetent. The person whose competency is in question has the right to be represented by an attorney at this hearing. Once the judge finds a person to be legally incompetent, a guardian must be appointed.

WHO MAY BE A GUARDIAN?

Any close relative of the incompetent person, or if no relative is available or able to serve, almost any resident of the State of Florida may serve. Anyone who has been convicted of a felony or who is incapable of discharging the duties of guardian cannot be appointed. A person who wishes to act as guardian must file a petition with the judge requesting their appointment as guardian. The judge will consider the wishes of the incompetent person in deciding who shall act as guardian.

WHAT DUTIES DOES A GUARDIAN HAVE?

A guardian must make decisions regarding the care of the incompetent person and/or their property. Each year the guardian must file with the judge a report, summarizing the incompetent person's condition, medical treatment received and whether competency can be restored. The guardian may also be required to file an annual accounting describing all income and expenses in the guardianship estate, and may be required to appear before the judge to answer questions about the guardianship.

WHAT ARE SOME ALTERNATIVES TO GUARDIANSHIP AND WHY SHOULD THEY BE CONSIDERED?

Guardianship requires a judge to declare a person legally incompetent. Once a person is legally incompetent, they lose many rights such as the right to make contracts, the right to vote, or the right to drive. In some cases, guardianship is not necessary because a person's needs can be met through legal alternatives such as a durable family power of attorney, or appointment of a representative payee.

WHAT IS A DURABLE POWER OF ATTORNEY?

A durable power of attorney is a document signed by a person giving permission to an individual to act on their behalf. The person signing the power of attorney must fully understand the meaning of the power of attorney and be competent at the time they sign it.

WHAT IS A REPRESENTATIVE PAYEE?

A representative payee is a person appointed by the Social Security Administration to manage social security or supplemental security benefits for a person who cannot manage their money. A person who wishes to become a representative payee for someone must apply at the local social security office.

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