|
Terri Schiavo's Parents Rebuffed in
Effort to Appoint New Legal Guardian
"With every hearing, it gets more
obvious to me that this judge is working to insulate Michael Schiavo
and, in the process, is causing harm to my sister and torturing my
parents. God have mercy on other parents of disabled people in this
jurisdiction." - Bobby Schindler, Jr. (Terri's brother)
July 8, 2004
By Steven Ertelt
LifeNews.com Editor
To submit a Letter to the Editor: news@lifenews.com
Clearwater, FL (LifeNews.com) - Bob and Mary Schindler received a
setback in their effort to appoint a new legal guardian for their
daughter, Terri Schiavo.
Judge George Greer dismissed a legal motion that would have required
Terri's estranged husband Michael to prove that he is still
qualified to make her medical decisions.
Judge Greer ordered that a Writ of Quo Warranto filed on behalf of
the Schindlers be dismissed.
The legal document asked that Michael demonstrate what legal
authority allows him to continue as Terri's guardian and to show
that he is complying with the law and court orders regarding Terri's
care.
The Schindlers say Michael has abrogated his duties by failing to
comply with a Florida statute requiring guardians to
establish an annual medical care plan for patients under their
watch.
Michael Schiavo has failed to file the annual care plan
since August 2001.
During that time, Michael has not provided Terri with
rehabilitative care due to her under the rules attached to a medical
malpractice award the Schiavos won after Terri's collapse.
In his decision, Greer cited a 1932 court case and said the
Schindlers already have a legal motion in place regarding Terri's
guardianship that has yet to be resolved.
In November 2002, the Schindlers filed a request with Judge Greer to
remove Michael as Terri's guardian.
"Logic and reason would lead us to concluded that an extraordinary remedy should not be afforded where an ordinary remedy is available," Greer wrote in his decision. He said grating the Writ of Quo Warranto would cause "confusion and disorder." Greer has not made a final decision on their request for change in guardianship and, given the length of time since it was filed, there may be little reason to hope it will be granted. In March, Greer ruled against a contempt of court motion the Schindlers filed against Michael saying he is violating a court order by withholding information about Terri's medical condition from them. A 1996 judicial mandate by the Pinellas County Circuit Court requires Michael to provide Terri's family with current information concerning her medical condition and treatment if there is a "significant change" in Terri's condition. "With every hearing, it gets more obvious to me that this judge is working to insulate Michael Schiavo and, in the process, is causing harm to my sister and torturing my parents. God have mercy on other parents of disabled people in this jurisdiction," Terri's brother Bobby Schindler, Jr., told LifeNews.com. Related web sites:
|