Skip to comments.Terri Schiavo's Parents Want Estranged Husband's Guardianship Ended
Posted on 01/11/2005 11:01:27 AM PST by nickcarraway
Pinellas Park, FL (LifeNews.com) -- The parents of Terri Schiavo have asked a judge to end her estranged husband Michael's legal guardianship. Bob and Mary Schindler say Michael has numerous conflicts of interest which prevent him from doing an adequate job as Terri's caretaker.
The Schindlers say that Michael Schiavo should be removed as Terri's guardian because of personal, legal, financial and religious conflicts of interest.
David Gibbs, the lead counsel for the Schindlers, says "any one of these four conflicts of interest should provide the court with a sufficient reason to terminate Mr. Schiavo's guardianship and appoint a replacement guardian."
Though legally married to Terri, Michael has been living with Jodi Centonze for ten years and has had two children with her. He has refused the Schindlers' requests that he divorce Terri and allow them to care for her.
Should Michael grant Terri a divorce, he would likely lose the remainder of a $1.5 million medical malpractice judgment awarded to him supposedly to be used to pay for rehabilitative and medical care for Terri.
Though promising to spent most of it on care for Terri, Michael has racked up $500,000 in legal bills in his bid to end her life. If Terri dies, Michael inherits what remains.
The Schinlers' motion also cites Michael's failure to provide Terri with her own legal counsel to advocate her best interest during the years of court battles between the two parties.
Terri's parents are also concerned about religious conflicts of interest.
They have failed to win court backing of their argument that starving Terri to death by removing her food and water would violate her Catholic beliefs. In recent comments, Pope John Paul II called denying food and water to a disabled patient like Terri "euthanasia by omission."
However, they say in the motion that Michael should have done more to protest Terri's religious liberties and argue that she would have opposed a starvation death were she able to communicate her wishes.
The Schindlers also say Michael has prevented Terri from receiving communion from a family priest in her hospice room.
Attorneys for the Schindlers hope to depose Michael to support their motion, but he has previously refused to show up at two scheduled depositions.
This isn't the first time the Schindlers have made an effort to remove Michael as Terri's guardian. Citing his failure to file required care plans on an annual basis, they previously asked Circuit Court Judge George Greer to void the guardianship rights he enjoys.
Should the courts grant their request to replace Michael with Terri's brother Bobby, the battle over Terri's life would be over.
If the courts allow her feeding tube to be removed, this will be one of the biggest miscarriages of justice in our times. A while back Ihappened to be watching Larry King and her parents with their attorney were his guests and they were telling what happened the last time her feeding tube was removed (before the FL legislature acted and Gov. Bush signed the bill) and they said they had a policeman in her room and they were not allowed to go near her bed or touch her in any way and a priest was not allowed to give her the last rites of the Catholic Church.
One has to cry for these parents. Isn't it amazing that Michael Schiavo is the only one on the planet who says she told him she wouldn't to live if she were incapacitated in any way. We won't even mention the money. How quickly we want to kill someone - by omission - once they become inconvenient or if there is money somewhere to be had.
Terri ping! Let's keep up the prayers, phone calls, letters, and e-mails!!!
If anyone would like to be added to or removed from my Terri ping list, please let me know here or by FReepmail!
Thanks for posting this, Nick!
The fact that the wicked judge in this case got 65 percent of the vote on Aug. 31, 2004, tells us more about the FL electorate than did the 2000 presidential returns.
It amazes me how people like that don't disappear.... It's amazing how much most peple will take from someone even when they can see there is NO justice in the courts or anywhere else....
Schindlers File Petition to Remove Michael Schiavo as Terris Guardian
Robert and Mary Schindler, parents of Theresa Schindler-Schiavo, yesterday filed an Amended Petition with the Pinellas County, Florida, Probate Court to remove Michael Schiavo as their daughters guardian.
The Schindlers allege that four significant conflicts of interest exist that prevent Mr. Schiavo from continuing to act as the guardian for their daughter, Terri. The four conflicts of interest are: (1) Personal; (2) Legal; (3) Financial, and (4) Religious.
(1) Michael Schiavo has a personal conflict of interest with Terri Schiavo because for the last 10 years while Terri has lived in assisted-living facilities, Michael has been living in adultery with another woman who is the mother of his two children. Because he refuses to initiate or grant a divorce to Terri, her life has become an impediment to legitimizing his current familial relationships.
(2) In all of the legal proceedings to date, Mr. Schiavo has failed to provide Terri with her own attorney to represent her due process rights in court. Under Florida law, disabled persons have many personal rights that cannot be delegated to or defended by a guardian.
(3) Mr. Schiavo has a financial conflict of interest with Terri in light of the substantial estate he could expect to inherit upon his wifes death. Instead of using the money awarded to Terri in a civil suit in 1992 for her ongoing care and rehabilitation as it was earmarked, Michael has spent nearly $500,000 on attorneys fees and costs in his attempts to cause Terris death by starvation and can expect to inherit the remaining assets upon her death.
(4) Finally, Mr. Schiavo, who is not a Catholic, has not respected or protected his wifes life-long religious beliefs. Michael has denied Terri the opportunity to attend Catholic Mass or partake in communion, and has ignored the Papal Declaration denouncing the removal of a feeding tube as contrary to Catholic doctrine.
Lead Counsel to the Schindler family, Attorney David Gibbs noted that any one of these four conflicts of interest should provide the court with a sufficient reason to terminate Mr. Schiavos guardianship and appoint a replacement guardian.
Attorneys for the Schindlers expect to depose both Michael Schiavo and the live-in mother of his two children in the next few weeks. The court-ordered deposition of Mr. Schiavo that had been set for September 2004 was postponed because of the Florida hurricanes.
A copy of this latest motion is available at http://www.terrisfight.org/documents/PetitionToRemoveGuardian.pdf
I'm praying they'll be successful with this. It's not enough just to save her life. We must also end the abuse.
Prayer BUMP for Terri
The whole state voted on this chap? Or just the county?
Over 4,000 lurkers served... FV
Our need to pray Is manifest Before His throne We find our rest
The power of prayer He is the Source The unseen world A mighty force
Ask, seek and knock The scriptures say The door will open If you pray
Freeper Eternal Vigilance
Guardian: One who is legally responsible for the care and management of the person or property of an incompetent or a minor.
Now, how do we define "care"?
-He does not wish to provide care, nor does he care.
May the Spirit of God descend mightily upon all those who advocate the murder of this mother's child ... may they be gripped with horrendous fear of the Lord ... may they see the terror that approaches should they fall into the hands of Almighty God. Stay the hands of those who would end her life, that they might have life eternal in the Blood of the Lamb. Thank You, Merciful Father, that You are not willing that any should perish.
Continue to sustain mother and father and sister and brother ... uphold them in Your strength, encourage them in Your Word, and comfort them in moments of despair. Grace attorneys and friends, advocates and volunteers, strangers and petitioners, with wisdom and persistence ... and victory. In the Name of Jesus, Amen ...
Please add me to your Terri ping list.
Praying for Terri
I will be certain to pray the rosary today for Terri.
I'll be praying the rosary along with you for Terri and her family.
Oh God please open the eyes of the person/people responsible for making this decision! Let the truth of what michael's doing flood their conciousness so that there's there's only one way to rule--Give this wonderful woman's care to her parents NOW!
All the evidence (his "inheritance" upon Terri's death, the woman of 10 years and 2 kids...etc) still makes me wonder WHY the courts wouldn't agree that Terri's parents should care for her??
I am fairly new to FR, so I am not up on all of the details on this case. The one reason I am finally commenting on this is:
Why is this even happening? Do the Florida courts have some definition of "conflict of interest" that I don't understand? It's pretty obvious from everything that I have read that Terri's husband has no business being her guardian whatsoever. Call me stupid, but I just don't get how this can be happening.
"Call me stupid, but I just don't get how this can be happening."
That's what I've been saying!
LOL...I guess I have a partner in my head scratching, then. :)
Hubby is obviously an adulterer, normally grounds for a successful divorce suit by the wife. Since she's incapacitated and he's the guardian, can only he represent her to file for divorce against him? If so, the law is, indeed, "A ass".
I think the courts think of Terri as her husband's chattel. Most of those judges are liberals and they do not respect the sanctity of life. They believe that starving a person to death is acceptable.
To me, after having read everything and researched a little, I'm still astounded as to why her "husband" can have anything to do with her care (or lack thereof anyway).
They tout it as a "right to die" thing, but really it's a right to live! She's not dead, or even close to it...just disabled.
I might feel differently if Terri was actually comatose, with no brain function and on a respirator and what not. But this woman KNOWS her family and does the best she can to interact with them. She feels, and acts according to those feelings. If that isn't life, then I don't know what is.
Like I said before, it's so sad it's pissing me off.
prayers sent up for this evil male (I can't call him a man) to be out of Terri's life completely!
I guess that's why I'm so baffled. So many people have stated (and not just laypeople, either) that she is quite obviously NOT in a persistent, vegetative state. I think it is willful (and, imo) malicious ignorance that keeps this going at all.
As you say, ruoflaw, these liberal judges appear to have an agenda, and couldn't care less if they sacrifice someone to advance it. If they were to see her with their own eyes (which, if I were a judge in a case as contentious as this, I would certainly make an effort to do) they wouldn't be able to continue this nonsense.
What other excuses do they have for ignoring the obvious conflict of interest? If Terri's parents are willing to shoulder the costs and responsiblity of caring for their daughter, I would say, more power to them. For Michael Schiavo, it's obviously all about the benjamins, and these judges are dumb enough (or willing enough) to overlook it. That's disgusting.
Just Pinellas and Pasco counties voted in August. Funny, though, he didn't even qualify to be on the ballot, so you'd think he couldn't be a judge legally. Why are judges allowed to break the law and get away with it?
I don't think it is about money now. I think he is determined to put her out of his misery...it is about winning.
Added you just now!
Yeah right. Like he'll actually show up.
The court-ordered deposition of Mr. Schiavo that had been set for September 2004 was postponed because of the Florida hurricanes.
Like he would have shown up otherwise.
Oh, yeah, and before the hurricanes it was because he had a "family emergency". I thought Terri was his "family". And then after that "emergency", his future mother-in-law died (at his and Jodi's home) and they were grieving, so they couldn't be deposed then. The next reason he gave was that Judge Greer only gave an oral order for him to be deposed, and so until Greer gives him a written order, he's off scot-free. That's when the hurricanes happened. This guy should have already been in the slammer for contempt of court, but Greer doesn't have the balls to issue an order for that! This whole thing has been one charade after another, while Terri gets no rehab in nursing homes or hospice homes for 12 years!
Why these judges aren't ashamed of themselves, I'll never know! Or Michael, Jodi, and his lawyers! It gets pretty hard to pray for these people, day after day, but I am bound and determined to include them no matter how much I despise what is going on.
Yes, winning at any cost, it appears. What a soulless creep.
Amen to your Beautiful Supplications; Praying your Prayer with you, in the Name of our Great King.
Here's a short article that shows the bias of Michael Schiavo's legal team: http://www.lifesite.net/ldn/2003/oct/03102304.html
For them and Judge Greer, it's about so-called "right to die" zealotry. Michael is also represented by Randall Marshall, Legal Dir. of the FL chapter of the ACLU, which tells me all I need to know.
For Michael, it's about control, inheritance, and possibly blocking an investigation as to how she sustained the brain damage in the first place. MSM news reports are consistently false in describing her brain damage from an eating disorder.
This poor woman wouldn't be facing the threat of death if it weren't for the ghouls trying to kill her.
Looks like all of your hard work might just save Terri's life, FReeper pal. Keep it up!!!
Thanks so much for the link.
They are some pretty sick folks, that much is certain. I feel so sorry for Terri, being put through all of this. :(
That's how I used to feel. This case defies common sense, common decency and all logic. I have concluded that it's a spiritual battle. Satan has corrupted so many. It's an end times thing. I used to just sit and shake my head. Unbelievable. It helps to do something. Go visit http://www.terrisfight.org and check it out. You'll feel better, dear. Terri still lives and these new lawyers seem to be ON FIRE!!!!
The judges try to use their "interpretation" of the law to mean whatever they want it to mean. They have to ignore the obvious conflict of interest because it would show that they have been neglecting to do their duty to uphold the constitution of Florida.(Ooops, I forgot, Greer didn't file an oath! Doesn't that make him a de facto judge?)
Plenty of Florida guardianship laws have been abandoned over and over again in Terri's case. Not only should Michael NOT be Terri's guardian, he should be serving time for felonies he has committed against Terri by his neglect of her!
Someone needs to charge Michael for his neglect of Terri. Oh wait, we can't expect the sheriff's office to do anything to Michael, as Jodi's mother used to work for the sheriff for years before her untimely death in August!
How much corruption does the State of Florida need before they prosecute this jerk?
Amen to that! Read my tagline. Terri is the reason I decided to stop lurking on FR. Then I got off my rear end and did a little more. Freepers are great at helping you stay motivated! Get involved! Make phone calls, write letteers, send e-mails, sign petitions, talk about Terri to others, and most importantly, stay on your knees in prayer!
Free Terri Schiavo!
Thanks, Pegita! I "heart" your wonderful prayers! They give me renewed strength!
Beautiful prayer as always.
Why these judges aren't ashamed of themselves,
That's an easy one. Do you recall from modern history about Boston's liberal lawyer Joseph Welch asking the late Senator Joseph McCarthy, "Have you no sense of decency? Have you no shame?"
Well, I don't think McCarthy answered Welch, but McCarthy may have at least had good intentions, and he was on the trail of some communists in government.
The FL judiciary though is bereft of good intentions. It aims to kill, plunder, steal, etc.
Yes, they aren't ashamed, but IMHO, they should be!
Thanks for the ping......it's so nice to see so many freepers new to Terri's threads.
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