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

(Note: This is referring to the Petition To Remove Guardian &
Appoint Successor Guardian. This petition is in full text below -
saveterrislife)

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."


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

Writ of Quo Warranto Dismissed

(Note from saveterrislife, moderator of this website: Writ of Quo
Warranto, although dismissed by Greer, is still VERY IMPORTANT as it
states Terri's rights which are being denied her, and have been for
almost a dozen years now. You may find the full Writ of Quo Warranto
posted on this site. I converted it from a pdf into text and added
all of the statutes cited in the Writ of Quo Warranto. The Writ was
transcribed from the pdf version @ zimp.org (see below)

The document spoken of above can be found in pdf form at link below:
The 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
(The full text version of this Writ of Quo Warranto * with statutes *
is on THIS site - saveterrislife)


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

(Note: This petition is in full text below - saveterrislife)

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


http://terrisfight.org/press/070704writ.html

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

_________________________________________________________________

The document spoken of above can be found in pdf form at link below:
(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



Note from saveterrislife:
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





IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA

PROBATE DIVISION

File No. 90-2908GD-003





IN Re: THE GUARDIANSHIP OF

THERESA MARIE SCHIAVO,

Incapacitated.







ROBERT SCHINDLER, et al.,

Petitioners,



v.



MICHAEL SCHIAVO,

Respondent



//



PETITION TO REMOVE GUARDIAN

AND TO APPOINT SUCCESSOR GUARDIAN



Petitioners, Robert Schindler, Mary Schindler, Robert Schindler, Jr.
and Suzanne Schindler Carr, by and through undersigned counsel,
pursuant to Fla. Prob. R. 5.660, hereby petition this Court for its
Order removing Michael Schiavo ("Schiavo") as Guardian of Theresa
Marie Schiavo ("Terri" or "the ward") and appointing one of the
ward's siblings, Robert Schindler, Jr. or Suzanne Schindler Carr, as
successor guardian. Any one of the statutory reasons set forth below
is sufficient to require removal of this guardian pursuant to §
744.474, Fla. Stat. In support, Petitioners say:


(Note from saveterrislife: see this link to read statutes:
open another window, then copy and paste both lines into your address
bar to get to FL statutes cited here)

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

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


(End of note from saveterrislife)




Failure to Discharge His Duties - § 744.474 (2), Fla. Stat.

1. The fundamental duty of the guardian as set forth in Chapter
744, Fla. Stat., is to protect the interests of the ward. From the
statement of legislative intent to the detailed provisions concerning
the annual plan, Florida law 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. Schiavo has failed in each and every
respect.

2. Terri has the right to be treated with dignity and respect and
the right to privacy - rights that are retained by her
notwithstanding the appointment of a guardian. Fla. Stat. §
744.3215. Despite this obligation, Schiavo affirmed on national
television (Connie Chung, CNN, 11/4/02) that he is an adulterer and
has had a child by his mistress. He made a mockery of his marriage
to Terri, dismissing it as "a portion of my life" and that he "got on
with" his affairs while still claiming to be a loving husband to
Terri. When his counsel offered on this same show a veritable
advertisement for adultery, Schiavo sat quietly by in condoning
silence.

3. Fidelity is a key component of the respect and dignity that our
society expects one spouse to afford the other; yet, this guardian
believes that Terri's disability releases him of his legal and moral
responsibility. Indeed, the sanctity of his marriage, once espoused
by Schiavo when it was in his financial interest to do so, is now
publicly denigrated in heartless fashion.



4. Having expended almost all of Terri's money in an attempt to kill
[1]/ her rather than rehabilitate her (see below), this self-styled
champion of her right to privacy has made clear that he has no regard
for, and will not protect, Terri's rights of privacy, dignity and
respect. In addition to the public humiliation for Terri caused by
both Schiavo's nationally-televised statements and his public
conduct, Schiavo has further condoned assaults on Terri's privacy and
dignity by his counsel who, in local and national media, has declared
that Terri is no better than a house plant.

5. Terri deserves what any woman would want in these circumstances -
the right to divorce this adulterer. Yet, Schiavo has failed to
request authority from this Court to initiate the obvious petition.
See Fla. Stat. § 744.3215(4)(c) (2002). There has been a de facto
dissolution of this marriage which, in equity, should eliminate
Schiavo's suitability as Terri's guardian.[2]/ In fact, Schiavo is
Terri's



husband in name only, and it is upon that legal relationship that his
right to be her guardian is based.

6. Terri also retains the right to be protected from exploitation,
which includes the misuse of guardianship duties. Fla. Stat. §§
744.3215(d) and 415.102(7). Another aspect of Schiavo's media
activities is that the appearance on the above- referenced national
television show was, at least in part, for the purpose of promoting
his counsel's book.[3]/ To the extent that Schiavo has received any
direct or indirect consideration from Mr. Felos or third parties for
this or similar activity, it would constitute a misuse of Schiavo's
guardianship role and an exploitation of the ward. In the absence of
such consideration, it nonetheless suggests the appearance of
impropriety and is a further affront to the dignity of the ward.

7. Terri has the absolute right to receive necessary services and
rehabilitation. Fla. Stat. § 744.3215 (2002). Schiavo has
affirmatively prevented Terri from receiving these services from her
caregivers. Further, he has confined her to the "death row" of
Hospice for over two years while the appeals in this case have



been pending, instead of leaving her in a nursing facility where she
would receive the services and rehabilitation required by law.[4]/

8. Instead of fulfilling his duty to develop Terri's abilities,
Schiavo has at every turn attempted to increase her incapacity
through the denial of basic health and rehabilitative services such
as range of motion therapy, other physical therapy, orthopaedic
evaluations and treatment, speech therapy, standard diagnostic tests
and procedures, gynecological care, dental care, rehabilitation
evaluations and cognitive therapy, as testimony in the recent
evidentiary hearing revealed.

9. Schiavo has systematically isolated Terri and deprived her of
sensory input.[5]/ Terri has the absolute right to receive visitors
and communicate with others. Fla. Stat. § 744.3215. This right has
been unlawfully and cruelly restricted by Schiavo, who has prevented
visitors of whom he does not approve from seeing Terri, according to
his own capricious and unreviewed bent.

10. He has prevented the flow of non-verbal communication
between Terri and her parents and siblings by instructing her
caregivers to give no such information about Terri's behavior to her
family.



11. 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. Fla. Stat.
§ 765.102. This right is not limited to those with incurable or
progressive illnesses.

12. As is reflected in each annual plan filed by him,
Schiavo has made no attempt to provide such comprehensive care.

13. Knowing that Terri wants to get better, and would have
always chosen rehabilitation over death, Schiavo consented, on
Terri's behalf, to an experimental medical procedure - the
implantation of an electrode in her brain in December, 1990 in San
Francisco.

14. However, this was yet another violation of his duties as
guardian, because such consent was given by him without the necessary
prior approval of the Court. Fla. Stat. § 744.3215(4). Now that it
is no longer in Schiavo's financial interest for Terri to receive
treatment that could improve her condition, he is yet again violating
his duty as her guardian by (a) ignoring and misrepresenting her
wishes regarding potentially helpful treatment and (b) refusing to
consent to treatment that could be beneficial to Terri.



15. The guardian is required by law to prepare and present
an annual plan. Fla. Stat. § 744.3675. Throughout his tenure as
guardian, Schiavo has filed the annual plans late or not at all, and
has provided incomplete and inaccurate information. The Court
recently signed yet another order permitting postponement of the
filing of an annual plan.

16. Schiavo has failed to report, and affirmatively
concealed, from this Court information concerning Terri's awareness
of her environment and her attempts at communication. Knowing that
the attending physician and others would rely on information supplied
by Schiavo as a basis for continuing to state an unchanged diagnosis,
Schiavo has intentionally withheld information concerning Terri's
true condition: that she is conscious, aware and can swallow.

17. In a further attempt to conceal the truth from this
Court, Schiavo has closely controlled access to Terri's medical
records and caregiver information in an attempt to prevent
Petitioners from presenting additional evidence that Terri is
conscious and is not receiving the medical and rehabilitative
services that she requires and deserves.

18. Schiavo has reported in annual reports that Terri was
receiving all medical services recommended by the physicians, but has
actually forbidden treatment of any kind.

19. In his annual reports, Schiavo has completely failed to
prepare and present any plan for the provision of medical, mental
health, and rehabilitative services in the coming year as required
by Fla. Stat. § 744.3675 (1)(b)(3, and has



falsely stated that Terri could not benefit from physical therapy and
other rehabilitative therapies.

20. The Adult Protective Services Act (Chapter 415 of the
Florida Statutes) affords protection to disabled persons from abuse,
neglect and exploitation, and Terri is entitled to the protections
afforded by this law.

21. "`Abuse' means any willful act or threatened act that
causes or is likely to cause significant impairment to a vulnerable
adult's physical, mental, or emotional health. Abuse includes acts
and omissions." 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 within the meaning of the Adult Protective Services
Act as well as the guardianship statutes. Schiavo has failed to
properly supervise the care provided by Hospice as is most recently
illustrated by the fact that someone turned the thermostat in her
room down to 64 degrees.[6]/



22. "Neglect" means the failure to provide care, supervision
and services necessary to maintain the physical and mental heath of
the vulnerable adult, including, but not limited to, medicine and
medical services that a prudent person would consider essential to
the well-being of a vulnerable adult. Fla. Stat. §415.102 (15)
(2002). It further means the failure to make a reasonable effort to
protect a vulnerable adult from the abuse, neglect or exploitation of
others. Id. Schiavo has neglected Terri by failing to meet the
essential requirements for Terri's physical health and safety and by
failing to develop her abilities and by medically sequestering her.
He has scheduled insufficient physician's attention for Terri who is
prone to potentially lethal urinary tract infections. He has
provided no speech, cognitive, physical or other rehabilitative
therapy and has prevented caregivers from doing so.

23. Schiavo has year after year provided professional
medical treatment to Terri that he describes in his annual reports
as: "None."

Abuse of His Powers - Fla. Stat. § 744.474 (2)

24. The failures of Schiavo to discharge his duties as
alleged above are not merely acts of omission; they are acts of
commission that constitute an abuse of power, as well. Schiavo's
approach to his guardianship role is part of an overall scheme
designed to serve solely the interests of Schiavo at Terri's expense.

25. This scheme of abuse, neglect and exploitation
includes the provision of certain care and testimony prior to receipt
of a substantial medical malpractice award in early 1993, all of
which was designed to cast Schiavo in the role of the loving,



devoted husband who would spare no expense to see to the medical and
rehabilitative needs of his wife for a long, full lifetime.[7]/

26. After receipt of the award, Schiavo's conduct includes
every attempt to facilitate the death of Terri before the money ran
out.[8]/



27. Schiavo's attempts to increase Terri's disability continue,
in that Terri has been isolated, information has been withheld from
her loved ones, she has been denied basic health and rehabilitative
services, her dental, gynecological, and orthopaedic care have been
neglected, and her attending physician's visits have been reduced to
only three a year, if that. The reduction in the attention of a
physician, under Schiavo's direction, is particularly insidious
because Terri is prone to urinary tract infections, but no medical
precautions are taken to identify such infections at an early
stage.

28. Indeed, according to Dr. Gambone, her treating physician, no
medical attention is provided for such a dangerous infection unless
Terri manages to "convince" the nursing staff to call the doctor, a
difficult task for one who has received no rehabilitation to enhance
her communicative skills.

29. A guardian may exercise only those rights that have been
removed from the ward and delegated to the guardian. Fla. Stat. §
744.361 (1) (2002). Nonetheless, Schiavo has abused his position as
guardian by directing her caregivers and physicians to deprive her of
rights that are retained by Terri under Fla. Stat. § 744.3215,
including the right to receive necessary services, rehabilitation and
the companionship of others.



The Wasting, Embezzlement, or Other Mismanagement of the Ward's
Property and the Improper Management of the Ward's Assets - Fla.
Stat. §§ 744.474 (7) and 744.474 (16)



30. The management of the ward's assets has largely been kept a
secret and is protected by seal of this court. Nonetheless, what is
revealed in this record is that while exhausting Terri's money for
the purpose of killing her, not one red cent could be found by
Schiavo to enhance the quality of her life after receipt of the
malpractice award. The use of almost $500,000 of guardianship funds
for attorney's fees and costs and the expenditure of nothing for
therapy that would reduce the pain of contractures, enhance Terri's
ability to swallow, or facilitate recovery of basic abilities is the
grossest form of asset mismanagement.

31. 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.[9]/ Terri's attending physician,
Dr. Victor Gambone, agreed at the evidentiary hearing before this
Court in October, 2002, that Terri is not terminal and is not in any
sort of crisis.

Development of a Conflict of Interest Between the Ward and the
Guardian - §744.474 (11)



32. Serious conflicts of interest have arisen since the
appointment of Schiavo as guardian. This guardian is not independent
and impartial as required by Fla. Stat. § 744.446 (1), and Schiavo
has used his fiduciary relationship to advance his private gain at
the expense of Terri's life. Schiavo admitted in his petition to
withhold Terri's food and hydration, dated May 8, 1998, that he will
inherit the Ward's estate and further admitted the likelihood that he
would remarry.[10]

33. This is more than a likelihood now. Schiavo has moved in
with his mistress and fathered her baby. The Second District Court
of Appeal noted in this case that "there may be occasions when an
inheritance could be a reason to question a surrogate's ability to
make an objective decision." In re Schiavo, 780 So.2d 176, (Fla. 2d
DCA 2001)("Schiavo I"). There is now more than an inheritance at
stake: a baby will continue to be denied a legally- recognized
father every day that Terri lives.

34. Schiavo has repeatedly claimed that divorce will never be an
option for him. This leaves only one option for his life plans:
Terri's death.



35. The conflict of interest arising from the fact that Schiavo
will inherit Terri's estate has not decreased as the guardianship
fund has dwindled. There are other valuable assets of the estate,
including Terri's engagement and wedding rings that Schiavo has
already appropriated to his own use by making jewelry for himself.
[11]/

36. Schiavo's recent involvement in the promotion of his
counsel's book raises Schiavo's interest in Terri's image and
likeness which he has vigorously sought to preserve for her estate in
the guise of protecting her privacy from unwanted intrusion but which
may, instead, be groundwork to use her image and likeness for
commercial gain after her death.

37. Furthermore, divorce may not be an attractive option for
Schiavo, given the likelihood that he would be ordered to pay
permanent alimony to help defray the cost of Terri's care.

38. Testimony given during the October, 2002, evidentiary hearing
in this case raises a question concerning the unexplained cause for
Terri's extraordinarily rigid neck, first noted when she presented at
the emergency room after her collapse in February, 1990. This,
together with a 1991 bone scan report that refers to a history of
trauma, creates the need to further investigate the cause of the
original injury, her care in the interim, and the effect of these
injuries on the current diagnosis and prognosis for recovery.



39. Because Schiavo was alone with Terri at the time of the
original injury and has been responsible for her care in the interim
and in most cases has been the sole source of information about
Terri's history for her caregivers, there is an obvious and
impermissible conflict of interest demonstrated by this failure to
investigate these matters.

Guilt of an Offense Prohibited Under Fla. Stat. §§ 435.03 and
744.474 (12)



40. Schiavo's record residence is a home that, according to his
deposition testimony, he owns and lives in with his "girlfriend."
This is the same girlfriend who he admitted is the mother of his baby
as discussed on the above-referenced national television program.
This conduct is a violation of Fla. Stat. § 798.01, which makes
living in open adultery a misdemeanor, and § 798.02, which similarly
proscribes lewd and lascivious cohabitation.

41. Lewd and lascivious cohabitation is an offense prohibited
under Fla. Stat. § 435.03, and Schiavo's admissions to the requisite
elements of this offense should be found to be guilt that
disqualifies him as Terri's guardian.[12]/



42. Furthermore, Schiavo's abuse, neglect and/or exploitation of
Terri, a vulnerable adult, should be found to be conduct prohibited
by Fla. Stat. §§ 435.03 and 415.111.



Material Failure to Comply with the Guardianship Report - Fla. Stat.
§ 744.474(13)



43. The guardian is required by law to implement the guardianship
plan. Fla. Stat. § 744.361 (4). As alleged herein, Schiavo has
consistently failed to implement the guardianship plans in that he
has committed to this court that Terri would receive necessary
medical care and services when, in fact, such care and services have
not been provided.

44. The most recent annual plan contains promised medical
services and evaluations that are to obtained "without undue delay."
Nine months later, these things have not been accomplished.



Failure to Comply with the Rules For Timely Filing Guardianship
Reports - Fla. Stat. §744.474 (14)



45. Throughout his tenure as guardian, Schiavo has repeatedly
failed to comply with the rules for the timely filing of guardianship
reports. Such reports have been either omitted or not filed on a
timely basis, requiring the issuance of more than one order to show
cause.



Failure to Fulfill the Guardianship Education Requirements - .
§744.474 (15)



46. For over a decade, Schiavo flouted the guardian education
requirements. His failure to receive the requisite education was an
intentional act and did not arise from any ignorance of the
requirement. This is further evidence that Schiavo has not taken his
obligations to Terri seriously and is unsuitable as a guardian.



After Appointment, the Guardian Has Become a Disqualified Person as
Set Forth in Fla. Stat. §§ 744.309 (3) and 744.474 (18)



47. Since his appointment as guardian, Schiavo has become a
disqualified person within the meaning of Fla. Stat. § 744.309 (3),
as set forth below.

48. Schiavo has demonstrated through repeated and gross failures
to comply with the law that he is incapable of discharging the duties
of guardian.

49. Schiavo is guilty of offenses prohibited under Fla. Stat. §
435.03.

50. Conflicts of interest exist which prevent Schiavo from being
independent and impartial as required by Fla. Stat. § 744.446.



WHEREFORE, Petitioners respectfully request that Michael Schiavo be
removed as guardian and that Robert Schindler, Jr., or Suzanne
Schindler Carr be appointed guardian of Theresa Marie Schiavo.

___________________________ Respectfully submitted,

ROBERT SCHINDLER



___________________________


MARY SCHINDLER PATRICIA FIELDS ANDERSON, ESQ.

Patricia Fields Anderson, P.A.

___________________________ 447 Third Avenue North; Suite 405

ROBERT SCHINDLER, JR. St. Petersburg, FL 33701

727 / 895-6505; 727 / 898-4903 (fax)

___________________________ SPN 00239201; Fla. Bar No. 352871

SUZANNE SCHINDLER CARR Attorney for Robert & Mary Schindler



CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing has been furnished by
Certified Mail, Return Receipt Requested, to:



GEORGE FELOS, ESQ. LARRY CROW, ESQ.

Felos & Felos, P.A. Law Offices of Larry
Crow

595 Main Street 1247 South Pinellas
Avenue

Dunedin, FL 34698 Tarpon Springs, Florida
34689



DEBORAH A. BUSHNELL, ESQ. GYNETH S. STANLEY, ESQ.

204 Scotland St. 1465 S. Ft.
Harrison Avenue, #202

Dunedin, FL 34698 Clearwater FL 33756



PAMELA CAMPBELL, ESQ. ALISON A. CARPENTER

111 Second Ave. NE; Suite 1404 30617 U.S. Highway 19 N., Ste
1101

St. Petersburg, FL 33701 Palm Harbor, FL 34684



and by Hand Delivery to GEORGE FELOS, this 15th day of
November, 2002.







____________________________________

PATRICIA FIELDS ANDERSON, ESQ.

Attorney for Respondents





----------------------------------------------------------------------
----------

[1]/ "The wilful and voluntary act of destroying the life of
another, is an act wrong and unlawful in itself, injurious in the
highest degree to the rights of another, being the greatest wrong
which can be done to him, contrary to the laws of nature as well as
society, and in violation of the plainest dictates of conscience."
Holland v. State, 12 Fla. 117 (Fla. 1867)(explaining role of intent
in homicides).

[2]/ "Unless otherwise provided in the advance directive or in an
order of dissolution or annulment of marriage, the dissolution or
annulment of marriage of the principal revokes the designation of the
principal's former spouse as a surrogate." Fla. Stat. § 765.104(2)
(2002). In this court of equity, the same principle should apply to
the guardian in this case.

[3]/ See, e.g., George J. Felos, "Spiritual Practice," 76 Fla. Bar.
J. 85 (Nov. 2002).

[4] The initial move to Hospice was done in violation of the annual
plan and without court permission in violation of Fla. Stat. §
744.3215(4).

[5]/ Schiavo, who only visits her periodically, does not permit Terri
to have flowers in her room nor snapshots of her family nor does he
make any effort to have music played for her.

[6]/ When complained about in writing, the thermostat was re-set and
locked at a more suitable temperature, but Petitioners have yet to
receive any explanation for the frequent inhumane frigidity in
Terri's room.

[7]/ I believe in the vows that I took with my wife, through
sickness, in health, for richer or poorer. I married my wife because
I love her and I want to spend the rest of my life with her. I'm
going to do that.



Michael Schiavo, trial testimony, Schiavo v. Igel, Case No.92-939-15,
Nov. 5, 1992, at pp. 27:14 - 28:3 (emphasis supplied). Schiavo also
presented the testimony of Dr. David Baras, chief of rehabilitation
at Bayfront Medical Center, and Lawrence Foreman, a rehabilitation
specialist, who testified that Terri would have a normal life span
and would need extensive and expensive rehabilitation care throughout
her life.

[8]/ Q. What did you do or what did you not do?



A. I put a -- after speaking with my doctor, I gave an order not to
treat a bladder infection Terry had.



Michael Schiavo, deposition in the pending case, Nov. 19, 1993, at
pp. 13-14. Schiavo testified further that he knew an untreated
bladder infection might be fatal. In the same deposition, Schiavo
testified further about his conversations with his physician:

Q. Was it Doctor Harrison's suggestion the feeding tube be removed?



A. It wasn't a suggestion, it was just talk. He just mentioned it.



Q. How did he mention it? What did he say?



A. He was talking about removing the feeding tubes, and I said I
couldn't do that to Terry.

Id. at pp. 33-34 (emphasis supplied).

[9]/ 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)(copy attached).

[10]/ "There is a likelihood in the foreseeable future that
Petitioner may remarry." Petition for Authorization to Discontinue
Artificial Life Support, etc., ¶ 14 (May 8, 1998). Given the birth
of his child, that likelihood must now be a certainty.

[11]/ Deposition of Michael Schiavo in the pending case, Nov. 19,
1993, at p. 80.

[12]/ "Further, no person . . . who has been found guilty of,
regardless of adjudication, or entered a plea of nolo contendere or
guilty to, any offense prohibited under s. 435.03 or under any
similar statute of another jurisdiction, shall be appointed to act as
a guardian." § 744.309(3), Fla. Stat. (2002). Chapter 435 of the
Florida Statutes is entitled "Employment Screening," and one of the
disqualifying conditions is lewd and lascivious behavior, per §
798.02, as noted in the text. Fla. Stat. § 435.03(2)(o)(2002).
Thus, lewd and lascivious behavior is a disqualification for
appointment as a guardian.


http://terrisfight.org/documents/PetitiontoRemoveGuardian111502.htm#_f
tnref7