Warner & Collins Op Ed on Terri Schiavo

When she was a child, she was taught that if she did not brush her teeth, they would rot out. Now her teeth are rotting out, but no one speaks for her.

When she was a child, her parents took her to the doctor when she had an infection. Now, recurring infections and bedsores ravage her body, but no one speaks for her.

When she became disabled, her husband became her guardian and obtained more than $1.5 million from a malpractice case for her rehabilitation and health care. But her funds have been used to warehouse, not rehabilitate her, and to pay hundreds of thousands of dollars to lawyers hired by her husband to let her die by starvation and dehydration, a slow, painful, inhumane method of death. But no one speaks for her.

If she were a stray dog or a cat, she would be protected by Florida law from inhumane treatment. Her death would be swift and painless. But as a disabled human being, her death sentence will not be so kind.

When she was a child, her parents instilled in her the need to commit to a relationship before she married. Now her husband lives with a woman and their two illegitimate children in a marriage-like relationship -- and he continues to speak for Terri Schiavo.

If Terri Schiavo was your responsibility, adult protective services would take custody of her and charge you with felony abuse and neglect. And you would be convicted.

But no one will be charged or convicted for abusing or neglecting Terri Schiavo because her lack of care and the waste of her money have been the result of judicial orders issued by Judge George Greer, a publicly elected Florida Circuit Judge in the Tampa-Clearwater-St. Petersburg area.

After Terri Schiavo suffered still unexplained brain damage in 1990, her husband, Michael, was appointed as her guardian because he had priority under Florida law. A guardian is a fiduciary created by law for people who don't have written financial and health care powers of attorney. Because the legislature of Florida created guardianships to be administered by the courts, judges are mandated to strictly comply with the dictates of the law. But Judge Greer hasn’t.

Even though the law clearly requires guardians of disabled persons to file comprehensive annual reports and care plans, and even though the law clearly requires guardians to not deviate from those plans, Judge Greer has virtually excused Terri’s adulterous husband from filing these plans and reports, a clear violation of Terri's rights and the law, especially in light of notes in Terriís records over the years that she has not been properly cared for.

Yet, even without guidelines for her guardian-husband to follow, Judge Greer has authorized payment of expenses to warehouse Terri, but not for one penny’s worth of the rehabilitation that was promised by Michael Schiavo when he sought - and received - large malpractice settlements that were deposited for Terri and controlled under the auspices of Judge Greer.

Rather than pay for swallowing therapy that may have allowed her feeding tube to be removed, Judge Greer authorized payment of hundreds of thousands of dollars from Terri’s rehabilitation money to lawyers hired by her husband to help her die by removing that same feeding tube.

And, of late, at Michael Schiavo’s request, despite the fiduciary obligation of the guardian to grow the account for Terri’s care, Judge Greer has ordered that Terri’s investments be liquidated,- that the annual return be slashed, and that her money set aside to pay still more attorney’s fees in order that Terri’s care would be paid for by Medicaid that’s right, so that you and I can pay for her care while her money is used to put her to death.

Guardian Michael has conflicts of interest and should not be serving as a fiduciary for his wife, not only because he stands to gain financially at her death, but also because he is living in a relationship that is tantamount to marriage with his paramour and their two children.

When Michael’s conflicts were raised by a lawyer then acting as Terri’s guardian ad litem, he was promptly removed, and Judge Greer has chosen not to replace him. Think about it: Terri Schiavo has had no independent representation during proceedings in which her money is being used to pay lawyers hired by her husband to carry out a sentence of death by starvation and dehydration.

Based on recent case filings, Michael Schiavo, as his wife’s fiduciary, is accused of withholding evidence of a bone scan done on Terri in 1991 that substantiates fractures at or about the time of her brain damage. Yet, not surprisingly, Judge Greer has ignored this relevant evidence, even though it touches on yet another facet of Michael Schiavo’s conflict of interest.

Think about it: If Judge Greer has not required the filing of mandated plans and reports, how could Michael Schiavo have acted legally as Terri’s guardian when, by law, the guardian must act within the guidelines of the filed plans? If there were no plans and all of Michael's acts were unauthorized, how could Judge Greer approve payments for Terri’s care?

While most of us think of the courts as the safest place to preserve the rights of disabled persons, Judge Greer has set new standards for judicial undersight. Judge George Greer may well be an aberration, a deviation from the norm, but what he has done to - and not done for - Terri Schiavo shocks the conscience of a civilized society.

Face it: Judge Greer will never be a posterboy for appropriate judicial conduct, but if he and others like him are not dealt with swiftly and appropriately, you and I may someday find ourselves in a position like Terri Schiavo -- with no one to speak for us.

Jan Warner, a matrimonial and elder law attorney, and Jan Collins, an editor and writer, co-author NextStepsÆ, a weekly newspaper column about matters affecting the elderly and disabled (http://www.nextsteps.net)

Jan L. Warner has more than 30 years' experience in helping people plan for various life transitions. He received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. More bio.

Jan Collins began co-authoring Flying Solo® in 1989. She has more than 27 years of experience as a journalist, writer, and editor. She has worked as a reporter for newspapers in Michigan, North Carolina, and South Carolina, and since 1983 has edited Business & Economic Review, a quarterly business magazine published by the University of South Carolina College of Business Administration. More bio.

Thanks to Warner and Collins for this article, and to the Tampa Tribune for publishing it.

'Guardian Michael has conflicts of interest and should not be serving as a fiduciary for his wife, not only because he stands to gain financially at her death, but also because he is living in a relationship that is tantamount to marriage with his paramour and their two children.

When Michael’s conflicts were raised by a lawyer then acting as Terri’s guardian ad litem, he was promptly removed, and Judge Greer has chosen not to replace him. Think about it: Terri Schiavo has had no independent representation during proceedings in which her money is being used to pay lawyers hired by her husband to carry out a sentence of death by starvation and dehydration.

Based on recent case filings, Michael Schiavo, as his wife’s fiduciary, is accused of withholding evidence of a bone scan done on Terri in 1991 that substantiates fractures at or about the time of her brain damage. Yet, not surprisingly, Judge Greer has ignored this relevant evidence, even though it touches on yet another facet of Michael Schiavo’s conflict of interest.

Think about it: If Judge Greer has not required the filing of mandated plans and reports, how could Michael Schiavo have acted legally as Terri’s guardian when, BY LAW, the guardian must act within the guidelines of the filed plans? If there were no plans and all of Michael's acts were unauthorized, how could Judge Greer approve payments for Terri’s care?

WHILE MOST OF US THINK OF THE COURTS AS THE SAFEST PLACE TO PRESERVE THE RIGHTS OF DISABLED PERSONS, JUDGE GREER HAS SET NEW STANDARDS FOR JUDICIAL UNDERSIGHT. JUDGE GEORGE GREER MAY WELL BE AN ABERRATION, A DEVIATION FROM THE NORM, BUT WHAT HE HAS DONE TO - AND NOT DONE FOR - TERRI SCHIAVO SHOCKS THE CONSCIENCE OF A CIVILIZED SOCIETY.

Face it: JUDGE GREER WILL NEVER BE A POSTERBOY FOR APPROPRIATE JUDICIAL CONDUCT, BUT IF HE AND OTHERS LIKE HIM ARE NOT DEALT WITH SWIFTLY AND APPROPRIATELY, YOU AND I MAY SOMEDAY FIND OURSELVES IN A POSITION LIKE TERRI SCHIAVO -- WITH NO ONE TO SPEAK FOR US.
__________________________________________________________

Letters to the President and AG John Ashcroft, may include some of the following:

Loyalty Day, 2003
By the President of the United States of America
A Proclamation

To be an American is not a matter of blood or birth. Our citizens are bound by ideals that represent the hope of all mankind: that ALL MEN ARE CREATED EQUAL, ENDOWED [i.e., by GOD ALMIGHTY] WITH UNALIENABLE RIGHT TO LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS. On Loyalty Day, we reaffirm our allegiance to our country and resolve to uphold the vision of our Forefathers....' http://www.whitehouse.gov/news/releases/2003/04/20030430-26.html

Law Day, U.S.A., 2003
By the President of the United States of America
A Proclamation

AMERICA WAS FOUNDED ON THE IDEALS OF LIBERTY AND EQUALITY FOR ALL, AND THE FRAMERS OF THE CONSTITUTION CREATED THREE BRANCHES OF THE NATIONAL GOVERNMENT TO UPHOLD THESE PRINCIPLES. THE THIRD BRANCH, THE JUDICIAL, IS RESPONSIBLE FOR ADMINISTERING JUSTICE FAIRLY AND IMPARTIALLY. ON LAW DAY, WE RECOGNIZE THE ACHIEVEMENTS OF OUR NATION'S LEGAL SYSTEM AND OUR INDEPENDENT JUDICIARY IN SUSTAINING THE RIGHTS AND LIBERTIES WE CHERISH.

GEORGE WASHINGTON WROTE, "THE ADMINISTRATION OF JUSTICE IS THE FIRMEST PILLAR OF GOVERNMENT." OUR JUDICIAL BRANCH UPHOLDS THE RULE OF LAW IN OUR SOCIETY AND STRENGTHENS OUR DEMOCRACY [SIC]. Under the Constitution, judges are granted the solemn respon-sibility of providing fair and impartial resolution of criminal and civil disputes.

This year's LAW DAY, "INDEPENDENT COURTS PROTECT OUR LIBERTIES," focuses on one of the foundations of our constitutional system: judicial independence, provided in the Federal system by life tenure and an assured level of compensation. In order to ensure EQUALITY FOR ALL CITIZENS AND FAIRNESS IN THE JUDICIAL PROCESS, OUR JUDGES MUST SERVE AS IMPARTIAL ARBITERS WHO DO NOT HAVE A STAKE IN THEIR DECISIONS OR SEEK TO ACHIEVE A BIASED OUTCOME OR PARTICULAR RESULT IN THE CASES THEY OVERSEE.

Our constitutional system of separation of powers places careful limits on the powers of judges and separates the responsibilities of making laws and interpreting laws between the Legislative and Judicial branches. Independent Federal judges have the autonomy to make decisions and interpret the law unfettered by outside influences. In this way, we are assured that our laws will be interpreted justly and applied with uniformity.

Our Nation's judges must be men and women of exemplary character, wisdom, experience, and good temperament, and have a willingness to work hard. THEY MUST BE JURISTS WHO WILL HONOR THE PUBLIC OFFICE WITH WHICH THEY ARE ENTRUSTED.

This LAW DAY, we recognize the vital role of independent judges IN UPHOLDING JUSTICE in courts throughout our land, and we resolve to continue to support and strengthen the Judicial branch, thereby HELPING TO PRESERVE OUR RIGHTS AND LIBERTIES.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, in accordance with Public Law 87-20, as amended, do hereby proclaim May 1, 2003, as Law Day, U.S.A. I call upon all the people of the United States to observe this day with appropriate ceremonies and activities. I also call upon Government officials to display the flag of the United States in support of this national observance.

IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand three, and of the Independence of the United States of America the two hundred and twenty-seventh.

GEORGE W. BUSH
http://www.whitehouse.gov/news/releases/2003/05/20030501.html

NATIONAL SANCTITY OF HUMAN LIFE DAY, 2004
By the President of the United States of America
A Proclamation

As Americans, we are led by the power of our conscience and the history of our country to defend and promote the dignity and RIGHTS OF ALL PEOPLE. *****EACH PERSON, HOWEVER FRAIL OR DEFENSELESS, HAS A PLACE AND A PURPOSE IN THIS WORLD. On National Sanctity of Human Life Day, WE CELEBRATE THE GIFT OF LIFE AND OUR COMMITMENT TO BUILDING A SOCIETY OF ****COMPASSION AND HUMANITY.

Today, the principles of human dignity ENSHRINED IN THE DECLARATION OF INDEPENDENCE -- THAT ALL PERSONS ARE CREATED EQUAL AND POSSESS THE UNALIENABLE RIGHTS TO LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS -- CONTINUE TO GUIDE US..... In November, I signed into law the Partial-Birth Abortion Ban Act of 2003, REAFFIRMING OUR COMMITMENT TO PROTECTING INNOCENT LIFE AND TO A BASIC STANDARD OF HUMANITY -- ****THE DUTY OF THE STRONG TO DEFEND THE WEAK. My Administration encourages adoption and supports abstinence education, crisis pregnancy programs, parental notification laws, and other measures to help us CONTINUE TO BUILD A CULTURE OF LIFE. ***BY WORKING TOGETHER, WE WILL PROVIDE HOPE TO THE WEAKEST AMONG US AND ACHIEVE A MORE COMPASSIONATE AND MERCIFUL WORLD.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim Sunday, January 18, 2004, as National Sanctity of Human Life Day. I call upon all Americans to recognize this day with appropriate ceremonies in our homes and places of worship and to REAFFIRM OUR COMMITMENT TO RESPECTING THE LIFE AND DIGNITY OF EVERY HUMAN BEING.

IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of January, in the year of our Lord two thousand four, and of the Independence of the United States of America the two hundred and twenty-eighth.

GEORGE W. BUSH
http://www.whitehouse.gov/news/releases/2004/01/20040116-2.html

Deu 30:19 I call heaven and earth to record this day against you, [that] I have set before you life and death, blessing and cursing: therefore choose life, that both thou and thy seed may live: http://www.blueletterbible.org/tsk_b/Deu/30/19.html

OLD LifeNews.com article from last week, April 14, 2004 with info about Friday’s (changed to today, Mon 4/19) court case:

Judge Will Rehear Motion Friday (Monday) in Terri Schiavo's Law Trial
by Steven Ertelt
LifeNews.com Editor
April 14, 2004
Clearwater, FL (LifeNews.com) -- A local Florida judge will hold a hearing on Friday on the latest fight in the battle over Terri's Law, the measure approved by the state legislature that allowed Governor Jeb Bush to ask doctors to reinsert Terri's feeding tube.
In February, the Florida 2nd District Court of Appeal ruled that attorneys for Governor Bush, who are seeking to defend the pro-life law, should be able to question witnesses in the case.
Circuit Court Judge Douglas Baird had initially refused to allow Governor Bush's attorneys to make their case that Terri would not have wanted to have her life ended prematurely.
"A complete bar to the taking of any depositions may cause harm" to the governor's case, the appeals court ruled.
The appeals court directed Judge Baird to revisit his order denying the depositions and, if he denies them again, to come up with a more legally sound reason for not allowing them.
Bush attorney Ken Connor, former president of the pro-life Family Research Council, says establishing that Terri would not have wanted to be killed is important to defending Terri's Law.
"Terri Schiavo's wishes are very much at issue. [She] has demonstrated a resolute will to live," Connor said.
Connor plans to take depositions from seven people, including Terri's estranged husband Michael, in order to ascertain what Terri's wishes would be and show that she would not want her live to be ended. He also wants to depose Jodi Centonze, the woman with whom Michael is living.
But George Felos, the assisted suicide advocate who is Michael's attorney, says the testimony of the witnesses is irrelevant since they have testified before.
Michael claimed years after Terri's collapse -- and only after their estate was awarded a $1 million medical malpractice judgment -- that he remembered a supposed conversation where Terri indicated she didn't want extra measures taken to prolong her life.
However, a good friend of Terri's vividly remembers watching a television program with Terri about a woman who was in a coma for years. Terri was upset when she told a joke about the woman and said there was no way doctors or lawyers could know the woman's wishes. "Where there is life, there is hope," Terri told her friend.
The money was supposed to be used to take care of Terri, but much of it has been used for Michael's legal bills and her parents say Terri has never received appropriate medical care or rehabilitative therapy.
If Baird rules the law unconstitutional, Michael will be able to remove her feeding tube for a third time, possibly causing her death.
Both Bush's attorneys and Bob and Mary Schindler, Terri's parents, have said Baird has all but decided in favor of Michael.
Related web sites:
Appeals court decision (pdf)
Terri Schiavo's family website Terrisfight

Terri prayer bump. Getting emails ready to send depending on outcome.

Pinging for an answer on the liquidation of assets and the placing of Terri on Medicaid.

Medicaid/Medicare Beneficiary Overview

Beneficiaries with low incomes tend to have minimal assets. Eighty-five percent of all Medicare beneficiaries with incomes below the poverty level have less than $12,000 in assets and more than half have less than $1,500 in assets. Even moderate asset holdings can prevent beneficiaries from qualifying for low-income assistance.

Florida Medicaid/Medicare -
http://www.floridamedicaid.com/Rules/assetrules.html

http://www.floridamedicaid.com/married.html - is a link in the above site. It provides the following info:

The following are the requirements for a married person to qualify for the Institutional Care Program (Nursing Home Care):

1. Citizen of United States or a permanent resident alien
2. Resident of Florida
3. 65 years of age or disabled
4. CARES Assessment to determine if it is medically necessary for applicant to be placed in a Nursing Care Facility. This assessment is conducted by the Department of Children & Families (DCAF), formerly HRS
5. Assets of less than $2,000 during at least one day of each month. There are two classes of assets: Exempt and Non-Exempt. Only Non-Exempt Assets are used in the determination of Qualification
6. Monthly gross available income no greater than $1,656.00 (as of January 2003)
7. Assets of the applicant's spouse no more $90,660 (For Year 2003), IF PROPERLY TITLED * Many Medicaid Attorneys use proven techniques to preserve substantial amounts of your assets well over this $90,660.00 amount. see our pre-planning or crisis planning page(s).

Assets that are not counted in the $2,000 asset limit:

1.Homestead (if the Well-Spouse continues to reside there, there is an "intent to return" to the homestead or if a disabled child resides there)
2. Certain retirement accounts
3. Trade or Business Property
4. Irrevocable burial contracts
5. One burial plot per family member
6. Properly titled Burial Fund up to $2,500
7. Other property if rented or listed for sale at fair market value
8. One Vehicle
9. Additional Vehicle - if seven or more years old, except if is a luxury model, an antique or customized
10. Life insurance - with zero cash value - or if - with cash value - the total face value of all life insurance policies is less than $2,500
11. Assets properly placed in a properly drafted and funded Irrevocable Medicaid Trust
12. Immediate Annuities
13. Certain Special Needs Trust Assets that are counted in the $2,000 asset limit: 1. Bank Accounts (including Joint Accounts)
2. Checking and Savings accounts
3. Time Deposits
4. Certificates of deposit
5. U.S. savings bonds
6. Real Estate
7. Interest in limited partnerships
8. Cash value of life insurance policies if total face value of all policies is greater than $2,500
9. Loan Agreements

Certain Annuities -

Included Income (If your income is over $ 1,656 per month, you will not qualify for ICP. However, you may be eligible for the Qualified Income Trust in order to meet income requirements).

1. Dividends and Interests received through investments
2. Social Security
3. Pension
4. Income from Retirement Accounts
5. Alimony and Support payments
6. Real estate income
7. Life Insurance Proceeds
8. Personal Injury Settlements/ Awards
9. Wrongful Death Settlements/ Awards

Examples of Excluded Income

1. Spouse's Income * This is often a key factor that can often be leveraged to exclude more assets than the $90,660.00 Spousal Resource Allowance.
2. Burial Fund Dividends and Interest
3. Aid and Attendance from Veterans Administration
4. Medical Care and Services

Personal comment:

Terri's legal team of pro-bono lawyers should be all over this like flies on flypaper. What in hell are they doing to stop what I think is burying assets to qualify for disability assets, AND why is the court complicit in what seems like a criminal act - defrauding Medicare by falsely informing them of the applicants assets????

Something stinks here!!!! Step up to the plate you pro-bono knights - what are you doing to stop the court and MS from doing the American taxpayer just as they've been doing Terri!!!

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