PETITION FOR WRIT OF QUO WARRANTO (submitted by Melissa)

Note: This document has been typed exactly like the original one,
which is in pdf (portable document format, which must be read using
Adobe Acrobat Reader). The only differences in this typed document
and the original one are that the Florida statutes cited in the
original document have been emphasized in bold type, and the statutes
which Pat Anderson cited are contained in full, both in text form and
with links to each statute cited, with the specific parts of each
statute she emphasized appearing in bold typeface. Statutes are also
emphasized in red. All black colored type is what was contained in
the original document.

Converting this pdf document to text form and adding all of the
Florida statutes was very time consuming, but was done with great
love, hope, and support for Terri Schindler and the Schindler family.
I felt that it was especially important to enable people to easily
know what Terri's rights are, and how many rights of Terri's are
being blatantly denied, which has been going on for almost 12 years
now. I urge everyone to copy this, e-mail it, and post it anywhere
and everywhere possible.

It would be wonderful for anyone who can, to accurately convert other
documents which are also in pdf to text form, or they may be printed
and scanned into a computer and then posted.



You will find numerous important documents which need to be converted
at

The Terri Schindler-Schiavo Foundation's official website:
http://www.terrisfight.org

(Including here): http://terrisfight.org/documents.html

More documents can be found here: http://www.zimp.org/documents

and here: http://hospicepatients.org/Terri-Schindler-Schiavo-docs-
links-page.html


Please continue to pray for Terri, the Schindler family, and for
others in similar situations, and please educate others about Terri
and this case. Thank you to all of you who are doing anything you can
to help Terri and her family. We can make a difference if we try.

______________________________________________________________________
____________________________________

THE FLORIDA STATUTES AND FLORIDA CONSTITUTION MAY BE FOUND HERE:
http://www.flsenate.gov/Welcome/index.cfm

VIEW LATEST (FROM 2003) FLORIDA STATUTES:
http://www.flsenate.gov/Statutes/index.cfm?Mode=View%
20Statutes&Submenu=1&Tab=statutes

SEARCH FLORIDA STATUTES:
http://www.flsenate.gov/Statutes/index.cfm?Mode=Search%
20Statutes&Submenu=2&Tab=statutes

VIEW FLORIDA CONSTITUTION HERE:
http://www.flsenate.gov/Statutes/index.cfm?
Mode=Constitution&Submenu=3&Tab=statutes

______________________________________________________________________
_____________________________________


VERY IMPORTANT UPDATE FROM The Terri Schindler-Schiavo Foundation:
http://terrisfight.org/press/070704writ.html
Writ of Quo Warranto Dismissed

Judge George Greer has ordered that a Writ of Quo Warranto filed on
behalf of Terri Schiavo's parents, Bob and Mary Schindler, be
dismissed and dissolved.

In his order, Greer suggests that Mr. and Mrs. Schindler already have
ample legal remedy with a November 15, 2002 petition to remove
Terri's husband as her guardian which has yet to be resolved in
Greer's court. Additionally, Greer states that "extraordinary relief
will not be granted in cases where the granting of it will result in
confusion and disorder."

Through their attorneys, Mr. and Mrs. Schindler brought forth a
petition for Writ of Quo Warranto, which asks that Terri's husband be
required to demonstrate under what authority he continues to act as
Terri's guardian. The basis for their petition was that Terri's
husband had failed to file guardianship plans on an annual basis as
required by Florida Statute 744.3675, had isolated her and had
apparently neglected her healthcare needs to the point that five
teeth had been extracted due to decay.

Additionally, the petition for Writ of Quo Warranto states that,
under Florida Statute 744.369(8), "the approved report constitutes
the authority for the guardian to act in the forthcoming year. The
powers of the guardian are limited by the terms of the report." As
Terri's husband had not filed guardianship plans for the periods of
08/01/2001 through 07/31/2002 and 08/01/2002 through 07/31/2003 until
June 1, 2004, Bob and Mary Schindler contend that he has not complied
with state requirements that allow him to act as their daughter's
guardian.

Related Documents:

Greer's Order dismissing Writ of Quo Warranto

Petition for Writ of Quo Warranto

Filing of Guardianship Plans June 1, 2004



(End of update from The Terri Schindler-Schiavo Foundation)


______________________________________________________________________
_____________

This document
(PETITION FOR WRIT OF QUO WARRANTO - APRIL 26, 2004)
RE: GUARDIANSHIP OF TERRI SCHINDLER-SCHIAVO
can be found here:
http://www.zimp.org/documents/qw.pdf





(Stamped
"R E C E I V E D
ST. PETERSBURG BRANCH
APRIL 26 2004
KARLEEN F. De BLAKER
CLERK CIRCUIT COURT")

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL COURT
IN AND FOR PINELLAS COUNTY, FLORIDA
PROBATE DIVISION
UCN 52199GA002908XXGDXX
Ref. No. 90-2908GD-003




IN RE: THE GUARDIANSHIP OF
THERESA MARIE SCHIAVO,
Incapacitated.

_____________________________//

ROBERT AND MARY SCHINDLER,
Petitioners,

v.

MICHAEL SCHIAVO,
Respondent.

_____________________________//

PETITION FOR WRIT OF QUO WARRANTO

Petitioners Robert and Mary Schindleras interested parties hereby
petition this court for its writ of quo warranto directed to

Michael Schiavo as Court-Appointed Guardian of the person of the
Ward, Theresa Marie Schiavo, and show the court as follows:

I. BASIS OF INVOKING JURISDICITON:

"Quo warranto is the proper method to test the 'exercise of some
right or

PAGE 1 OF 10



privilege, the peculiar powers of which are derived from the State""
and to challenge actions beyond the grant of that authority.

Martinez v. Martinez, 545 So. 2d 1338, 1339 (Fla. 1989). This is true
even where the respondent is not a state official or agent.

State ex rel. Watkins v. Fernandez, 106 Fla. 779, 143 So. 638 )Fla.
1932) (en banc); MacNamara v. Kissimmee River Valley

Sportsmans' Ass'n. 648 So.2d 155 (Fla. 2d DCA 1994); Belle Isle Inv.
Co., Ltd. v. Feingold, 453 So.2d 1143 (Fla. 3d DCA 1984).

This court jurisdiction to issue a writ of quo warranto pursuant to
Fla. Const. Art. 5(b) and is controlled by Fla. R. Civ. P. 1,630.


II. STATEMENT OF FACTS

In 1990, Respondent Michael Schiavo was appointed by the Sixth
Judicial Circuit Court, Probate Division, as the Guardian for his

incapacitated wife Theresa Marie Schiavo. Petitioners are the parents
of Theresa Marie Schiavo and, as such, are "interested

persons" in the context of Florida's Guardianship Code ("Code"). Fla.
Stat. 744.367(4); In re Guardianship of Schiavo,

792 So.2d 551 (Fla.2d DCA 2001).


http://www.flsenate.gov/Statutes/index.cfm?
App_mode=Display_Index&Title_Request=XLIII#TitleXLIII

TITLE XLIII DOMESTIC RELATIONS Ch.741-753



Chapter 744 GUARDIANSHIP

Part VI: POWERS AND DUTIES


744.367 Duty to file annual guardianship report.

(1) Unless the court requires filing on a calendar-year basis, each
guardian of the person shall file with the court an annual
guardianship plan within 90 days after the last day of the
anniversary month the letters of guardianship were signed, and the
plan must cover the coming fiscal year, ending on the last day in
such anniversary month. If the court requires calendar-year filing,
the guardianship plan must be filed within 90 days after the end of
the calendar year.

(2) Unless the court requires or authorizes filing on a fiscal-year
basis, each guardian of the property shall file with the court an
annual accounting on or before April 1 of each year. The annual
accounting must cover the preceding calendar year. If the court
authorizes or directs filing on a fiscal-year basis, the annual
accounting must be filed on or before the first day of the fourth
month after the end of the fiscal year.

(3) The annual guardianship report of a guardian of the property must
consist of an annual accounting, and the annual report of a guardian
of the person of an incapacitated person must consist of an annual
guardianship plan. The annual report shall be served on the ward,
unless the ward is a minor under the age of 14 years or is totally
incapacitated, and on the attorney for the ward, if any. The guardian
shall provide a copy to any other person as the court may direct.

(4) Unless the ward is a minor or has been determined to be totally
incapacitated, the guardian shall review a copy of the annual report
with the ward, to the extent possible. Within 30 days after the
annual report has been filed, any interested person, including the
ward, may file written objections to any element of the report,
specifying the nature of the objection.

(5) If the guardian fails to timely file the annual guardianship
report, the judge may impose sanctions which may include contempt,
removal of the guardian, or other sanctions provided by law in s.
744.3685.

(6) Notwithstanding any other requirement of this section or unless
otherwise directed by the court, the guardian of the property may
file the first annual accounting on either a fiscal-year or calendar-
year basis. Unless the court directs otherwise, the guardian shall
notify the court as to the guardian's filing intention within 30 days
from the date the guardian was issued the letter of guardianship. All
subsequent annual accountings must be filed on the same accounting
period as the first annual accounting unless the court authorizes or
directs otherwise. The first accounting period must end within 1 year
after the end of the month in which the letters of guardianship were
issued to the guardian of the property.

History.--s. 1, ch. 74-106; ss. 6, 26, ch. 75-222; s. 50, ch. 89-96;
s. 33, ch. 90-271; s. 25, ch. 92-200; s. 68, ch. 95-211; s. 24, ch.
95-401; s. 10, ch. 96-354.

Note.--Created from former s. 744.482.


As Guardian of the Person, Respondent is mandated by the Code to file
and obtain approval from the court for an annual care plan

for Theresa Marie Schiavo for the coming year. No guardian may
exercise the delegated rights of his

PAGE 2 OF 10



ward except pursuant to such a plan. Since 1990, Respondent has never
received approval for a care plan on a prospective basis.

Respondent last obtained approval for a care plan on May 8, 2002
filed Ferbruary 1, 2002 - for the year ending June 30, 2001,

nineteen months late. Respondent has not even filed a proposed care
plan since then, relying, instead, on as series of deadline

extensions.


For years, despite the lack of a proper court-approved care plan,
Respondent denied the Ward any therapy and has sought to

isolate her scoially. Finally, On March 29, 2004, despite the lack of
a current care plan and his authority to do so, Respondent

informed Petitioners the Ward could receive no future visitors,
including her family members.

(Exhibit 1, attached and incorporated).


On March 30, 2004 Petitioners attempted to visit their daughter and
were turned away. Subsequent attempts, through counsel, to

restore visitation have been unavailing. (Composite Exhibit 2,
attached and incorporated). On April 20, 2004, Petitioners learned

Respondent has had five of the Ward's teeth extracted. (Exhibit 3,
attached and incorporated).


III. THE NATURE OF THE RELIEF SOUGHT

The nature of the relief sought by this petition is a wrie of quo
warranto directing Respondent to demonstate his authority to act on

behalf of the Ward or in defogation of her rights retained under
Florida law. Ultimately, Petitioners seek

PAGE 3 OF 10



a determination by this Court that Respondent is not authorized to
act on behalf of the Ward or in derogation of her rights retained

under Florida law.

IV. ARGUMENT

Although many hours of judicial labor have been expanded on this case
in both trial court and the Second District Court of Appeal,

those labors have been directed to the question of whether the Ward
will ive or die. This Petition addresses a different question:

will the law apply to her while she lives?


Respondednt has been derelict in his duties to the court and to the
Ward for years.

Through the vehicle of an annual plan of care for the Ward, he is
required to obtain court approval for his care of the Ward on a

year-to-year basis. "[T]He annual report of a guardian of the person
of an incapacitted person must consist of an annual

guardianship plan." Fla Stat. 744.367(3)


TITLE XLIII DOMESTIC RELATIONS Ch.741-753



Chapter 744 GUARDIANSHIP

Part VI: POWERS AND DUTIES


744.367 Duty to file annual guardianship report.

(1) Unless the court requires filing on a calendar-year basis, each
guardian of the person shall file with the court an annual
guardianship plan within 90 days after the last day of the
anniversary month the letters of guardianship were signed, and the
plan must cover the coming fiscal year, ending on the last day in
such anniversary month. If the court requires calendar-year filing,
the guardianship plan must be filed within 90 days after the end of
the calendar year.

(2) Unless the court requires or authorizes filing on a fiscal-year
basis, each guardian of the property shall file with the court an
annual accounting on or before April 1 of each year. The annual
accounting must cover the preceding calendar year. If the court
authorizes or directs filing on a fiscal-year basis, the annual
accounting must be filed on or before the first day of the fourth
month after the end of the fiscal year.

(3) The annual guardianship report of a guardian of the property must
consist of an annual accounting, and the annual report of a guardian
of the person of an incapacitated person must consist of an annual
guardianship plan. The annual report shall be served on the ward,
unless the ward is a minor under the age of 14 years or is totally
incapacitated, and on the attorney for the ward, if any. The guardian
shall provide a copy to any other person as the court may direct.

(4) Unless the ward is a minor or has been determined to be totally
incapacitated, the guardian shall review a copy of the annual report
with the ward, to the extent possible. Within 30 days after the
annual report has been filed, any interested person, including the
ward, may file written objections to any element of the report,
specifying the nature of the objection.

(5) If the guardian fails to timely file the annual guardianship
report, the judge may impose sanctions which may include contempt,
removal of the guardian, or other sanctions provided by law in s.
744.3685.

(6) Notwithstanding any other requirement of this section or unless
otherwise directed by the court, the guardian of the property may
file the first annual accounting on either a fiscal-year or calendar-
year basis. Unless the court directs otherwise, the guardian shall
notify the court as to the guardian's filing intention within 30 days
from the date the guardian was issued the letter of guardianship. All
subsequent annual accountings must be filed on the same accounting
period as the first annual accounting unless the court authorizes or
directs otherwise. The first accounting period must end within 1 year
after the end of the month in which the letters of guardianship were
issued to the guardian of the property.

History.--s. 1, ch. 74-106; ss. 6, 26, ch. 75-222; s. 50, ch. 89-96;
s. 33, ch. 90-271; s. 25, ch. 92-200; s. 68, ch. 95-211; s. 24, ch.
95-401; s. 10, ch. 96-354.

Note.--Created from former s. 744.482.


Failure to file the report is grounds for contempt proceedings,
removal as guardian, or other appropriate sanction.

Fla Stat. 744.367(5).

TITLE XLIII DOMESTIC RELATIONS Ch.741-753




Part VI: POWERS AND DUTIES


744.367 Duty to file annual guardianship report.

(1) Unless the court requires filing on a calendar-year basis, each
guardian of the person shall file with the court an annual
guardianship plan within 90 days after the last day of the
anniversary month the letters of guardianship were signed, and the
plan must cover the coming fiscal year, ending on the last day in
such anniversary month. If the court requires calendar-year filing,
the guardianship plan must be filed within 90 days after the end of
the calendar year.

(2) Unless the court requires or authorizes filing on a fiscal-year
basis, each guardian of the property shall file with the court an
annual accounting on or before April 1 of each year. The annual
accounting must cover the preceding calendar year. If the court
authorizes or directs filing on a fiscal-year basis, the annual
accounting must be filed on or before the first day of the fourth
month after the end of the fiscal year.

(3) The annual guardianship report of a guardian of the property must
consist of an annual accounting, and the annual report of a guardian
of the person of an incapacitated person must consist of an annual
guardianship plan. The annual report shall be served on the ward,
unless the ward is a minor under the age of 14 years or is totally
incapacitated, and on the attorney for the ward, if any. The guardian
shall provide a copy to any other person as the court may direct.

(4) Unless the ward is a minor or has been determined to be totally
incapacitated, the guardian shall review a copy of the annual report
with the ward, to the extent possible. Within 30 days after the
annual report has been filed, any interested person, including the
ward, may file written objections to any element of the report,
specifying the nature of the objection.

(5) If the guardian fails to timely file the annual guardianship
report, the judge may impose sanctions which may include contempt,
removal of the guardian, or other sanctions provided by law in s.
744.3685.

(6) Notwithstanding any other requirement of this section or unless
otherwise directed by the court, the guardian of the property may
file the first annual accounting on either a fiscal-year or calendar-
year basis. Unless the court directs otherwise, the guardian shall
notify the court as to the guardian's filing intention within 30 days
from the date the guardian was issued the letter of guardianship. All
subsequent annual accountings must be filed on the same accounting
period as the first annual accounting unless the court authorizes or
directs otherwise. The first accounting period must end within 1 year
after the end of the month in which the letters of guardianship were
issued to the guardian of the property.

History.--s. 1, ch. 74-106; ss. 6, 26, ch. 75-222; s. 50, ch. 89-96;
s. 33, ch. 90-271; s. 25, ch. 92-200; s. 68, ch. 95-211; s. 24, ch.
95-401; s. 10, ch. 96-354.

Note.--Created from former s. 744.482.



"Each guardian of the person must file with the court an annual
guardianship plan which updates information about the condition of
the ward. The annual plan must specify the current needs of the ward
and how those needs and how those needs are proposed to be met in the
coming year." Fla. Stat. 744.3675 (emphasis supplied).



TITLE XLIII DOMESTIC RELATIONS Ch.741-753




Chapter 744 GUARDIANSHIP

Part VI: POWERS AND DUTIES

744.3675 Annual guardianship plan.--Each guardian of the person must
file with the court an annual guardianship plan which updates
information about the condition of the ward. The annual plan must
specify the current needs of the ward and how those needs are
proposed to be met in the coming year.

(1) Each plan must, if applicable, include:

(a) Information concerning the residence of the ward, including:

1. The ward's address at the time of filing the plan;

2. The name and address of each place where the ward was maintained
during the preceding year;

3. The length of stay of the ward at each place;

4. A statement of whether the current residential setting is best
suited for the current needs of the ward; and

5. Plans for ensuring during the coming year that the ward is in the
best residential setting to meet his or her needs.

(b) Information concerning the medical condition and needs of the
ward, including:

1. A resume of any professional medical treatment given to the ward
during the preceding year;

2. The report of a physician who examined the ward no more than 90
days before the beginning of the applicable reporting period. Such
report must contain an evaluation of the ward's condition and a
statement of the current level of capacity of the ward; and

3. The plan for provision of medical, mental health, and
rehabilitative services in the coming year.

(c) Information concerning the social condition of the ward,
including:

1. The social and personal services currently utilized by the ward;

2. The social skills of the ward, including a statement of how well
the ward maintains interpersonal relationships with others;

3. A description of the ward's activities at communication and
visitation; and

4. The social needs of the ward.

(2) Each plan must address the issue of restoration of rights to the
ward and include:

(a) A summary of activities during the preceding year which were
designed to increase the capacity of the ward;

(b) A statement of whether the ward can have any rights restored; and

(c) A statement of whether restoration of any rights will be sought.

(3) The court, in its discretion, may require reexamination of the
ward by a physician at any time.

History.--s. 51, ch. 89-96; s. 34, ch. 90-271; s. 11, ch. 96-354; s.
1786, ch. 97-102; s. 4, ch. 97-161.

Among other detailed statutory requirements for the plan's contents
is "provision of medical, mental health, and rehabilitative

services in the

PAGE 4 OF 10



coming year." Fla. Stat. 744.3675(1)(b)(3)(emphasis supplied),

TITLE XLIII DOMESTIC RELATIONS Ch.741-753




Chapter 744 GUARDIANSHIP

Part VI: POWERS AND DUTIES

744.3675 Annual guardianship plan.--Each guardian of the person must
file with the court an annual guardianship plan which updates
information about the condition of the ward. The annual plan must
specify the current needs of the ward and how those needs are
proposed to be met in the coming year.

(1) Each plan must, if applicable, include:

(a) Information concerning the residence of the ward, including:

1. The ward's address at the time of filing the plan;

2. The name and address of each place where the ward was maintained
during the preceding year;

3. The length of stay of the ward at each place;

4. A statement of whether the current residential setting is best
suited for the current needs of the ward; and

5. Plans for ensuring during the coming year that the ward is in the
best residential setting to meet his or her needs.

(b) Information concerning the medical condition and needs of the
ward, including:

1. A resume of any professional medical treatment given to the ward
during the preceding year;

2. The report of a physician who examined the ward no more than 90
days before the beginning of the applicable reporting period. Such
report must contain an evaluation of the ward's condition and a
statement of the current level of capacity of the ward; and

3. The plan for provision of medical, mental health, and
rehabilitative services in the coming year.

(c) Information concerning the social condition of the ward,
including:

1. The social and personal services currently utilized by the ward;

2. The social skills of the ward, including a statement of how well
the ward maintains interpersonal relationships with others;

3. A description of the ward's activities at communication and
visitation; and

4. The social needs of the ward.

(2) Each plan must address the issue of restoration of rights to the
ward and include:

(a) A summary of activities during the preceding year which were
designed to increase the capacity of the ward;

(b) A statement of whether the ward can have any rights restored; and

(c) A statement of whether restoration of any rights will be sought.

(3) The court, in its discretion, may require reexamination of the
ward by a physician at any time.

History.--s. 51, ch. 89-96; s. 34, ch. 90-271; s. 11, ch. 96-354; s.
1786, ch. 97-102; s. 4, ch. 97-161.



and a description of the Ward's attempts at communication and
visitation and a description of her social needs.

Fla. Stat. 744.3675(1)(c)(3).

TITLE XLIII DOMESTIC RELATIONS Ch.741-753




Chapter 744 GUARDIANSHIP

Part VI: POWERS AND DUTIES

744.3675 Annual guardianship plan.--Each guardian of the person must
file with the court an annual guardianship plan which updates
information about the condition of the ward. The annual plan must
specify the current needs of the ward and how those needs are
proposed to be met in the coming year.

(1) Each plan must, if applicable, include:

(a) Information concerning the residence of the ward, including:

1. The ward's address at the time of filing the plan;

2. The name and address of each place where the ward was maintained
during the preceding year;

3. The length of stay of the ward at each place;

4. A statement of whether the current residential setting is best
suited for the current needs of the ward; and

5. Plans for ensuring during the coming year that the ward is in the
best residential setting to meet his or her needs.

(b) Information concerning the medical condition and needs of the
ward, including:

1. A resume of any professional medical treatment given to the ward
during the preceding year;

2. The report of a physician who examined the ward no more than 90
days before the beginning of the applicable reporting period. Such
report must contain an evaluation of the ward's condition and a
statement of the current level of capacity of the ward; and

3. The plan for provision of medical, mental health, and
rehabilitative services in the coming year.

(c) Information concerning the social condition of the ward,
including:

1. The social and personal services currently utilized by the ward;

2. The social skills of the ward, including a statement of how well
the ward maintains interpersonal relationships with others;

3. A description of the ward's activities at communication and
visitation; and

4. The social needs of the ward.

(2) Each plan must address the issue of restoration of rights to the
ward and include:

(a) A summary of activities during the preceding year which were
designed to increase the capacity of the ward;

(b) A statement of whether the ward can have any rights restored; and

(c) A statement of whether restoration of any rights will be sought.

(3) The court, in its discretion, may require reexamination of the
ward by a physician at any time.

History.--s. 51, ch. 89-96; s. 34, ch. 90-271; s. 11, ch. 96-354; s.
1786, ch. 97-102; s. 4, ch. 97-161.



No provision is made in the statute for elimination of rehabilitative
services or medical treatment or elimination of visitation.



"Courts are charged under the law with the duty and obligation of
caring for infants and incompetents upon the theory that they

are wards of the court." Turner v. Andrews, 143 Fla. 88, 89, 196 So.
449, 450 (1940)(annual reports allegedly missing or

"irregular, illegal or not in conformity with the law"). The clerk of
court is responsible in the first instance to insure that every

annual report contains information about the Ward's physical and
mental health care, personal and social services being

rendered to her, the residential setting, and the mental and physical
examinations, in addition to a verified inventory and

accounting. Fla. Stat. 744.368.



TITLE XLIII DOMESTIC RELATIONS Ch.741-753




Chapter 744 GUARDIANSHIP

Part VI: POWERS AND DUTIES

744.368 Responsibilities of the clerk of the circuit court.--

(1) In addition to the duty to serve as the custodian of the
guardianship files, the clerk shall review each initial and annual
guardianship report to ensure that it contains information about the
ward addressing, as appropriate:

(a) Physical and mental health care;

(b) Personal and social services;

(c) The residential setting;

(d) The application of insurance, private benefits, and government
benefits;

(e) The physical and mental health examinations; and

(f) The initial verified inventory or the annual accounting.

(2) The clerk shall, within 30 days after the date of filing of the
initial or annual report of the guardian of the person, complete his
or her review of the report.

(3) Within 90 days after the filing of the initial or annual
guardianship report by a guardian of the property, the clerk shall
audit the verified inventory or the annual accounting. The clerk
shall advise the court of the results of the audit.

(4) The clerk shall report to the court when a report is not timely
filed.

History.--s. 53, ch. 89-96; s. 36, ch. 90-271; s. 1089, ch. 97-102.



In addition, "[t]he clerk shall report to the court when a report is
not timely filed."

Fla. Stat. 744.368(4) (emphasis supplied).



TITLE XLIII DOMESTIC RELATIONS Ch.741-753




Chapter 744 GUARDIANSHIP

Part VI: POWERS AND DUTIES

744.368 Responsibilities of the clerk of the circuit court.--

(1) In addition to the duty to serve as the custodian of the
guardianship files, the clerk shall review each initial and annual
guardianship report to ensure that it contains information about the
ward addressing, as appropriate:

(a) Physical and mental health care;

(b) Personal and social services;

(c) The residential setting;

(d) The application of insurance, private benefits, and government
benefits;

(e) The physical and mental health examinations; and

(f) The initial verified inventory or the annual accounting.

(2) The clerk shall, within 30 days after the date of filing of the
initial or annual report of the guardian of the person, complete his
or her review of the report.

(3) Within 90 days after the filing of the initial or annual
guardianship report by a guardian of the property, the clerk shall
audit the verified inventory or the annual accounting. The clerk
shall advise the court of the results of the audit.

(4) The clerk shall report to the court when a report is not timely
filed.

History.--s. 53, ch. 89-96; s. 36, ch. 90-271; s. 1089, ch. 97-102.



"When a guardian fails to file the guardianship report, the court
shall order the guardian to file the report within 15 days after

the service of the order upon her or him or show cause why she or he
should not be compelled to do so."

Fla. Stat. 744.3685 (emphasis supplied).



TITLE XLIII DOMESTIC RELATIONS Ch.741-753




Chapter 744 GUARDIANSHIP

Part VI: POWERS AND DUTIES

744.3685 Order requiring guardianship report; contempt.--When a
guardian fails to file the guardianship report, the court shall order
the guardian to file the report within 15 days after the service of
the order upon her or him or show cause why she or he should not be
compelled to do so. A copy of the order shall be served on the
guardian or on the guardian's resident agent. If the guardian fails
to file her or his report within the time specified by the order
without good cause, the court may cite the guardian for contempt of
court and may fine her or him. The fine may not be paid out of the
ward's property.

History.--s. 1, ch. 74-106; ss. 17, 26, ch. 75-222; s. 70, ch. 89-96;
s. 37, ch. 90-271; s. 1090, ch. 97-102.

Note.--Created from former s. 745.29; former s. 744.431.



"If an initial or annual report is not timely filled, the court shall
order the

PAGE 5 OF 10



guardian to file the report or to show cause why the report has not
been filed within the prescribed time."

Fla. Stat. 744.369 (emphasis supplied).



TITLE XLIII DOMESTIC RELATIONS Ch.741-753




Chapter 744 GUARDIANSHIP

Part VI: POWERS AND DUTIES


744.369 Judicial review of guardianship reports.

(1) The court shall review the initial guardianship report within 60
days after the filing of the clerk's report of findings to the court.
The court shall review the annual guardianship report within 30 days
after the filing of the clerk's report of findings to the court.

(2) The court may appoint general or special masters to assist the
court in its review function. The court may require the general or
special master to conduct random field audits.

(3) If an initial or annual report is not timely filed, the court
shall order the guardian to file the report or to show cause why the
report has not been filed within the prescribed time. Service of the
order and subsequent proceedings shall be governed by s. 744.3685.

(4) The court must review the initial and annual guardianship report
to determine that the report:

(a) Meets the needs of the ward;

(b) Authorizes the guardian to act only in areas in which an adult
ward has been declared incapacitated; and

(c) Conforms to all other requirements of the law.

(5) Upon examining the initial or annual guardianship report, the
court shall enter an order approving or disapproving the report. If
the court disapproves the report, the court shall order the guardian
to provide a revised report or proof of any item in the report to the
court. The guardian shall do so within a reasonable amount of time
set by court.

(6) If the guardian fails to comply with the court order entered
pursuant to subsection (5), the court shall take immediate action to
compel compliance or to sanction the guardian after a hearing with
appropriate notice to the ward, the ward's counsel, if any, the
guardian, and the ward's next of kin.

(7) If an objection has been filed to a report, the court shall set
the matter for hearing and shall conduct the hearing within 30 days
after the filing of the objection. After the hearing, the court shall
enter a written order either approving, or ordering modifications to,
the report. If an objection is found to be without merit, the court
may assess costs and attorney's fees against the person who made the
objection.

(8) The approved report constitutes the authority for the guardian to
act in the forthcoming year. The powers of the guardian are limited
by the terms of the report. The annual report may not grant
additional authority to the guardian without a hearing, as provided
for in s. 744.331, to determine that the ward is incapacitated to act
in that matter.

History.--s. 54, ch. 89-96; s. 38, ch. 90-271; s. 1, ch. 99-277.



"The approved report constitutes the authority for the guardian to
act in the forthcoming year. The powers of the guardian

are limited by the terms of the report." Fla. Stat. 744.369(8)
(emphasis supplied).



TITLE XLIII DOMESTIC RELATIONS Ch.741-753




Chapter 744 GUARDIANSHIP

Part VI: POWERS AND DUTIES

744.369 Judicial review of guardianship reports.--

(1) The court shall review the initial guardianship report within 60
days after the filing of the clerk's report of findings to the court.
The court shall review the annual guardianship report within 30 days
after the filing of the clerk's report of findings to the court.

(2) The court may appoint general or special masters to assist the
court in its review function. The court may require the general or
special master to conduct random field audits.

(3) If an initial or annual report is not timely filed, the court
shall order the guardian to file the report or to show cause why the
report has not been filed within the prescribed time. Service of the
order and subsequent proceedings shall be governed by s. 744.3685.

(4) The court must review the initial and annual guardianship report
to determine that the report:

(a) Meets the needs of the ward;

(b) Authorizes the guardian to act only in areas in which an adult
ward has been declared incapacitated; and

(c) Conforms to all other requirements of the law.

(5) Upon examining the initial or annual guardianship report, the
court shall enter an order approving or disapproving the report. If
the court disapproves the report, the court shall order the guardian
to provide a revised report or proof of any item in the report to the
court. The guardian shall do so within a reasonable amount of time
set by court.

(6) If the guardian fails to comply with the court order entered
pursuant to subsection (5), the court shall take immediate action to
compel compliance or to sanction the guardian after a hearing with
appropriate notice to the ward, the ward's counsel, if any, the
guardian, and the ward's next of kin.

(7) If an objection has been filed to a report, the court shall set
the matter for hearing and shall conduct the hearing within 30 days
after the filing of the objection. After the hearing, the court shall
enter a written order either approving, or ordering modifications to,
the report. If an objection is found to be without merit, the court
may assess costs and attorney's fees against the person who made the
objection.

(8) The approved report constitutes the authority for the guardian to
act in the forthcoming year. The powers of the guardian are limited
by the terms of the report. The annual report may not grant
additional authority to the guardian without a hearing, as provided
for in s. 744.331, to determine that the ward is incapacitated to act
in that matter.

History.--s. 54, ch. 89-96; s. 38, ch. 90-271; s. 1, ch. 99-277.



In the absence of a court-approved care plan, then, the guardian has
no authority to exercise dominion and control over the

ward not to act in her stead.



Despite the foregoing express statutory provisions requiring the
court to compel the filing of an annual report, apparantly no

show cause hearings have ever been conducted in this guardianship.
Instead, Respondent has requested an extension to the

filing deadline - usually late, itself - obtains the arter-the-fact
extension of an already-passed deadline, and then files a plan for

a period long passed or, in several instances, fails to file a plan
at all. This pattern has been repeated year after year, such that

it is difficult to determine for what year the court has extended the
filing deadline, as the order has been entered in a year

subsequent to the reporting year.1/ While the court may have the
implied authority to find (CONTINUED AFTER STATUTE-SEE BELOW)

________________

1/Exhibit 4. attached and incorporated herein, is a summary of
Respondent's annual report filings, his petitions to extend the
filing deadline, and the various orders entered in connection
therewith. Petitioners hereby request the court to take judicial
notice of the timing and contents of these documents in the court
file. Fla. Stat. 90.202(6).

PAGE 6 OF 10


Chapter 90 EVIDENCE CODE


90.202 Matters which may be judicially noticed.--A court may take
judicial notice of the following matters, to the extent that they are
not embraced within s. 90.201:

(1) Special, local, and private acts and resolutions of the Congress
of the United States and of the Florida Legislature.

(2) Decisional, constitutional, and public statutory law of every
other state, territory, and jurisdiction of the United States.

(3) Contents of the Federal Register.

(4) Laws of foreign nations and of an organization of nations.

(5) Official actions of the legislative, executive, and judicial
departments of the United States and of any state, territory, or
jurisdiction of the United States.

(6) Records of any court of this state or of any court of record of
the United States or of any state, territory, or jurisdiction of the
United States.

(7) Rules of court of any court of this state or of any court of
record of the United States or of any other state, territory, or
jurisdiction of the United States.

(8) Provisions of all municipal and county charters and charter
amendments of this state, provided they are available in printed
copies or as certified copies.

(9) Rules promulgated by governmental agencies of this state which
are published in the Florida Administrative Code or in bound written
copies.

(10) Duly enacted ordinances and resolutions of municipalities and
counties located in Florida, provided such ordinances and resolutions
are available in printed copies or as certified copies.

(11) Facts that are not subject to dispute because they are generally
known within the territorial jurisdiction of the court.

(12) Facts that are not subject to dispute because they are capable
of accurate and ready determination by resort to sources whose
accuracy cannot be questioned.

(13) Official seals of governmental agencies and departments of the
United States and of any state, territory, or jurisdiction of the
United States.

History.--s. 1, ch. 76-237; s. 1, ch. 77-77; s. 1, ch. 77-174; ss. 3,
22, ch. 78-361; ss. 1, 2, ch. 78-379.





(CONTINUED FROM ABOVE)

"cause" in a show cause hearing (even had one been held), it is
beyond the coherent guardianship scheme mandated by the

Legislature to permit a ward as medicinally, therapeutically and
socially needy as this Ward to go year after year without

a lawful and proper care plan in advance, in accord with the
statutes. How this situation has developed is not apparent,

especially in light of Petitioners' continual and growing concern
about the treatment their daughter has received. Certainly

Respondent's failure to abide by his statutory obligations in an
orderly and timely fashion has caused the confusion in the first

instance, perhaps fueled by his twelve-year refusal to undergo the
mandatory guardianship training required of all private

guardians.



Respondent's actions in failing to file timely care plans have made a
mockery of the statutory plan for court approval on a

prospective basis. By permitting Respondent to ignore his obligations
under the Code, the court has not applied the law to

Respondent, such that he now apparantly believes the law does not
apply to him.



Even were a court-approved care plan in place, however, Respondent
would have no authority to deny the Ward her rights

retained pursuant to Fla. Stat. 744.3215, (CONTINUED BELOW, AFTER
STATUTE)



Chapter 744 GUARDIANSHIP

Part V: ADJUDICATION OF INCAPACITY AND APPOINTMENT OF GUARDIANS

744.3215 Rights of persons determined incapacitated.--



(1) A person who has been determined to be incapacitated retains the
right:

(a) To have an annual review of the guardianship report and plan.

(b) To have continuing review of the need for restriction of his or
her rights.

(c) To be restored to capacity at the earliest possible time.

(d) To be treated humanely, with dignity and respect, and to be
protected against abuse, neglect, and exploitation.

(e) To have a qualified guardian.

(f) To remain as independent as possible, including having his or her
preference as to place and standard of living honored, either as he
or she expressed or demonstrated his or her preference prior to the
determination of his or her incapacity or as he or she currently
expresses his or her preference, insofar as such request is
reasonable.

(g) To be properly educated.

(h) To receive prudent financial management for his or her property
and to be informed how his or her property is being managed, if he or
she has lost the right to manage property.

(i) To receive necessary services and rehabilitation.

(j) To be free from discrimination because of his or her incapacity.

(k) To have access to the courts.

(l) To counsel.

(m) To receive visitors and communicate with others.

(n) To notice of all proceedings related to determination of capacity
and guardianship, unless the court finds the incapacitated person
lacks the ability to comprehend the notice.

(o) To privacy.

(2) Rights that may be removed from a person by an order determining
incapacity include the right:

(a) To marry.

(b) To vote.

(c) To personally apply for government benefits.

(d) To have a driver's license.

(e) To travel.

(f) To seek or retain employment.

(3) Rights that may be removed from a person by an order determining
incapacity and which may be delegated to the guardian include the
right:

(a) To contract.

(b) To sue and defend lawsuits.

(c) To apply for government benefits.

(d) To manage property or to make any gift or disposition of
property.

(e) To determine his or her residence.

(f) To consent to medical and mental health treatment.

(g) To make decisions about his or her social environment or other
social aspects of his or her life.

(4) Without first obtaining specific authority from the court, as
described in s. 744.3725, a guardian may not:

(a) Commit the ward to a facility, institution, or licensed service
provider without formal placement proceeding, pursuant to chapter
393, chapter 394, or chapter 397.

(b) Consent on behalf of the ward to the performance on the ward of
any experimental biomedical or behavioral procedure or to the
participation by the ward in any biomedical or behavioral experiment.
The court may permit such performance or participation only if:

1. It is of direct benefit to, and is intended to preserve the life
of or prevent serious impairment to the mental or physical health of
the ward; or

2. It is intended to assist the ward to develop or regain his or her
abilities.

(c) Initiate a petition for dissolution of marriage for the ward.

(d) Consent on behalf of the ward to termination of the ward's
parental rights.

(e) Consent on behalf of the ward to the performance of a
sterilization or abortion procedure on the ward.

History.--s. 34, ch. 89-96; s. 19, ch. 90-271; s. 36, ch. 93-39; s.
13, ch. 94-183; s. 44, ch. 96-169; s. 6, ch. 96-354; s. 1782, ch. 97-
102.



including the right "to receive necessary services and
rehabilitation" and "to receive visitors and communicate with
others." The

Code limits any guardian's

PAGE 7 OF 10



ability to act, with regard to rights retained even by a person
adjudged wholly incapacitated: "In exercising his or her powers,

the guardian shall recognize any rights retained by the ward." Fla.
Stat. 744.363(6) (emphasis supplied).


Chapter 744 GUARDIANSHIP

PART VI

POWERS AND DUTIES (ss. 744.361-744.461)


744.363 Initial guardianship plan.--
(1) The initial guardianship plan shall include the following:

(a) The provision of medical, mental, or personal care services for
the welfare of the ward;

(b) The provision of social and personal services for the welfare of
the ward;

(c) The place and kind of residential setting best suited for the
needs of the ward;

(d) The application of health and accident insurance and any other
private or governmental benefits to which the ward may be entitled to
meet any part of the costs of medical, mental health, or related
services provided to the ward; and

(e) Any physical and mental examinations necessary to determine the
ward's medical and mental health treatment needs.

(2) The initial guardianship plan for an incapacitated person must be
based on the recommendations of the examining committee's
examination, as incorporated into the order determining incapacity.

(3) Unless the ward has been found to be totally incapacitated or is
a minor under the age of 14 years, the initial guardianship plan must
contain an attestation that the guardian has consulted with the ward
and, to the extent reasonable, has honored the ward's wishes
consistent with the rights retained by the ward under the plan. To
the maximum extent reasonable, the plan must be in accordance with
the wishes of the ward.

(4) The guardianship plan may not restrict the physical liberty of
the ward more than reasonably necessary to protect the ward or others
from serious physical injury, illness, or disease and to provide the
ward with medical care and mental health treatment for the ward's
physical and mental health.

(5) An initial guardianship plan continues in effect until it is
amended or replaced by the approval of an annual guardianship plan,
until the restoration of capacity or death of the ward, or until the
ward, if a minor, reaches the age of 18 years. If there are
significant changes in the capacity of the ward to meet the essential
requirements for his or her health or safety, the guardian may file a
petition to modify the guardianship plan and shall serve notice on
all persons who received notice of the plan. At the hearing on such
petition, the court may modify the guardianship plan and specify the
effective date of such amendment.

(6) In exercising his or her powers, the guardian shall recognize any
rights retained by the ward.

History.--s. 47, ch. 89-96; s. 31, ch. 90-271; s. 1086, ch. 97-102.




Thus, Respondent has no authority to deny visitors to the Ward, as
receiving visitors is a retained right. This type of social

isolation is harmful to the Ward by any standard and is the reason
visitation is included in the list of retained rights enumerated

in 744.3215.

Chapter 744 GUARDIANSHIP

Part V: ADJUDICATION OF INCAPACITY AND APPOINTMENT OF GUARDIANS

744.3215 Rights of persons determined incapacitated.



744.3215 Rights of persons determined incapacitated.--

(1) A person who has been determined to be incapacitated retains the
right:

(a) To have an annual review of the guardianship report and plan.

(b) To have continuing review of the need for restriction of his or
her rights.

(c) To be restored to capacity at the earliest possible time.

(d) To be treated humanely, with dignity and respect, and to be
protected against abuse, neglect, and exploitation.

(e) To have a qualified guardian.

(f) To remain as independent as possible, including having his or her
preference as to place and standard of living honored, either as he
or she expressed or demonstrated his or her preference prior to the
determination of his or her incapacity or as he or she currently
expresses his or her preference, insofar as such request is
reasonable.

(g) To be properly educated.

(h) To receive prudent financial management for his or her property
and to be informed how his or her property is being managed, if he or
she has lost the right to manage property.

(i) To receive necessary services and rehabilitation.

(j) To be free from discrimination because of his or her incapacity.

(k) To have access to the courts.

(l) To counsel.

(m) To receive visitors and communicate with others.

(n) To notice of all proceedings related to determination of capacity
and guardianship, unless the court finds the incapacitated person
lacks the ability to comprehend the notice.

(o) To privacy.

(2) Rights that may be removed from a person by an order determining
incapacity include the right:

(a) To marry.

(b) To vote.

(c) To personally apply for government benefits.

(d) To have a driver's license.

(e) To travel.

(f) To seek or retain employment.

(3) Rights that may be removed from a person by an order determining
incapacity and which may be delegated to the guardian include the
right:

(a) To contract.

(b) To sue and defend lawsuits.

(c) To apply for government benefits.

(d) To manage property or to make any gift or disposition of
property.

(e) To determine his or her residence.

(f) To consent to medical and mental health treatment.

(g) To make decisions about his or her social environment or other
social aspects of his or her life.

(4) Without first obtaining specific authority from the court, as
described in s. 744.3725, a guardian may not:

(a) Commit the ward to a facility, institution, or licensed service
provider without formal placement proceeding, pursuant to chapter
393, chapter 394, or chapter 397.

(b) Consent on behalf of the ward to the performance on the ward of
any experimental biomedical or behavioral procedure or to the
participation by the ward in any biomedical or behavioral experiment.
The court may permit such performance or participation only if:

1. It is of direct benefit to, and is intended to preserve the life
of or prevent serious impairment to the mental or physical health of
the ward; or

2. It is intended to assist the ward to develop or regain his or her
abilities.

(c) Initiate a petition for dissolution of marriage for the ward.

(d) Consent on behalf of the ward to termination of the ward's
parental rights.

(e) Consent on behalf of the ward to the performance of a
sterilization or abortion procedure on the ward.

History.--s. 34, ch. 89-96; s. 19, ch. 90-271; s. 36, ch. 93-39; s.
13, ch. 94-183; s. 44, ch. 96-169; s. 6, ch. 96-354; s. 1782, ch. 97-
102.

Social isolation of the Ward should not be tolerated by the Court.



Furthermore, in recent months, the Ward has vomited twice over
Valentine's Day weekend, 2001, developed a skin

breakdown as a precursor to a bedsore, and had two molars break off
at the gum line. As to the last condition, the tooth loss

remained untreated the last time Petitioners were able to visit the
Ward on March 29, 2004. Now, she apparently has had

five teeth extracted, an extraordinary occurrence given Respondent's
documented history of refusing to permit Ward's teeth to

be cleaned, as reflected in her medical records, starting in 1995.
The Court should note that the "discoloration" of the Ward's

teeth mentioned in Exhibit 3 was first raised before the Court in a
hearing in February, 2002, addressing the inadequancy of

the proposed care plan. Respondent has no right to deny the
Ward "necessary services and rehabilitation" in connection with

these and possibly other, unknown maladies.

PAGE 8 OF 10



For these reasons, Petitioners respectfuly submit that the court
should issue a writ of quo warranto, conduct a show

cause hearing and determine whether Respondent has been acting in
excess of any authority he may possess by virtue of his

appointment as Guardian of the Person and to restore the Ward's right
of visitation.



Under penalties of perjury, I declare that I have read the foregoing,
and the facts alleged are true, to the best of my knowledge and
belief, as provided in 744.104, Fla. Stat.



(Robert Schindler's signature is here)

______________________________

Robert Schindler, Petitioner



STATE OF FLORIDA

COUNTY OF PINELLAS

sworn to and subscribed before me this 26th day of April, 2004, by
ROBERT SCHINDLER who is personally known to me and who first took an
oath.

(Patricia Anderson's signature is here)

_______________________________

PATRICIA F. ANDERSON, NOTARY

My commission expires:

(STAMPED

"PATRICIA J. ANDERSON

NOTARY PUBLIC - STATE OF FLORIDA

My Commission Expires Dec. 12, 2007

Commission # DD274426

Bonded By National Notary Assn." )



PAGE 9 OF 10



Respectfully Submitted

(Patricia Anderson's signature is here)

_______________________________

PATRICIA FIELDS ANDERSON, ESQ.

Fla. Bar No. 352871; SPN 00239201

PATRICIA FIELDS ANDERSON, P.A.

447 Third Ave. North, Suite 405

St. Petersburg, FL 33701

(727) 895-6505; Fax (727) 898-4903

Attorneys for Robert and Mary Schindler

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing has been furnished by
facsimilie and U.S. Postal Service Express Mail this 26th day of
April, 2004 to GEORGE J. FELOS, ESQ., Felos and Felos, 595 Main
Street, Dunedin, FL 34698, and to GYNETH STANLEY, ESQ., 1465 S. Ft.
Harrison Ave., #202, Clearwater, FL 33756

(Patricia Anderson's signature is here)

________________________________

Patricia Fields Anderson, Esq.



PAGE 10 OF 10