Michael Schiavo has no real legal authority to act on Terri's behalf.
The Florida Legislature passed Terri's Law in order to save Terri's
life but I believe it has been used by some to create a diversion.
The plan was to have Terri's Law overturned so the euthanasia "death
process" would be allowed to "legally" resume. Everyone would be so
busy thinking about Terri's Law that they would forget about the
central issue: that Michael has forfeited the legal right to act in
Terri's behalf.
There is nothing legal about a guardian's decisions when the law
disallows him to be in such a position!
The following is an excerpt of a letter to Gov. Jeb Bush written by
Gordon Watts:
2) Michael Schiavo defrauded the courts by promising to care for
Terri for the rest of his life and then used the jury awarded $700
thousand specifically designated for Terri's rehabilitation for his
own personal gain and to end Terri's life. This also violates Fl
Statute. 825.103 "Exploitation of an elderly person or disabled
adult" which prohibits the misuse of a disabled person's funds by the
guardian.
3) Further, Section (2)(a) states that If the funds, assets, or
property involved in the exploitation of the elderly person or
disabled adult is valued at $100,000 or more, the offender commits a
felony of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
4)The Americans with Disabilities Act (ADA), 42 U.S.C. Sections 12101
provides that necessary and appropriate rehabilitation services and
physical/motor skill therapy may not be denied a substantially
disabled patient in the United States of America.
5) Cf 28 CFR, Ch 1, Subpart B, Sect 35.130 States "Nothing in the Act
or this part authorizes the representative or guardian of an
individual with a disability to decline food, water, medical
treatment, or medical services for that individual."
6)Failure to Discharge His Duties under FS § 744.474 (2) requires
that the guardian protect the rights of the ward, provide for her
health and safety, properly manage her financial resources and help
her regain her abilities to the maximum extent possible.
7)The initial move to Hospice was done in violation of the annual
plan and without court permission in violation of FS § 744.3215(4)].
Terri has the right to receive visitors and communicate with others.
FS § 744.3215
9) Terri has the right to receive "palliative care" which is the
comprehensive management of the physical, psychological, social,
spiritual, and existential needs of the patient. FS. § 765.102.
10) In 1990, Michael took Terri to San Francisco for experimental
medical treatment, without the necessary prior approval of the Court.
FS. § 744.3215(4).
11) The guardian is required by law to prepare and present an annual
plan. FS § 744.3675.Repeatedly, the annual plans have been filed late
or not at all
12) In his annual reports, Schiavo has failed to prepare and present
any plan for the provision of medical, mental health, and
rehabilitative services in the coming year as required by FS
§744.3675 (1)(b)(3)
13) The Adult Protective Services Act (Chapter 415 of the Florida
Statutes) affords protection to disabled persons from abuse, neglect
and exploitation
14) Fla. Stat. § 415. 102(1)(2002). Schiavo's isolation of Terri and
refusal to provide adequate physician attention, rehabilitative
services, dental care and other medical services constitutes abuse
under the Adult Protective Services Act as well as the guardianship
statutes.
15) Schiavo's decision to hold Terri at Hospice after it was clear
that she was not "terminal" within Medicare guidelines was an
improper use of the ward's assets. In order to receive federal
payment for hospice care, the facility must obtain a certification
from the attending physician within two calendar days of initial
admission that the patient's "prognosis is for a life expectancy of 6
months or less if the terminal illness runs its normal course." 42
C.F.R. § 418.22 (2001) Terri has been in Hospice 3 years.
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