Petition to Governor Jeb Bush to Remove Michael Schiavo as Terri's
Guardian And Open a Full Criminal Investigation.

Dear Governor Bush:
Thank you for implementing Terri's Law and your ongoing support for
her right to life. In light of the evidence in this case, we believe
your actions were both heroic and necessary. In light of the evidence
of criminal action by her husband, we respectfully request that you
immediately commence proceedings to remove Michael Schiavo as Terri's
legal guardian and open a criminal investigation based on the
following:

1) Bone scans and medical records from 1990 indicate severe trauma,
numerous broken bones; no criminal investigation has ever been
conducted. A review of these records by top US Forensic Pathologist
Michael Baden concluded that a criminal investigation should be
conducted.

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.

Governor Bush, the Florida courts, DCF and Adult Protective Services
have failed to do their job of protecting Terri's rights. Please
exercise your executive power to remove Michael Schiavo as Terri's
legal guardian at once, appointing her as a ward of the State under
your care and demand a full investigation through every possible
legal authority, including Federal Investigative Assistance if
necessary. Thank you.
[Lisa's note: Mr. and Mrs. Schindler wish to have Bobby Schindler,
Jr. appointed as Terri's permanent guardian in place of Michael
Schiavo.]


written by Gordon Watts

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