The laws are already there to protect Terri. We don’t live in a society where Euthanasia is legal. So I have to ask the question: Why hasn’t something been done on at least one of these counts? From Sweet Liberty with a few of my own comments thrown in:

Fla. Stat. § 415. 102(1)(2002). Michael 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.

Terri is on a single gastric feeding tube. She is on the feeding tube because Michael ordered it. She used to eat soft foods from a spoon until Michael put a stop to it. Terri is under guard right now to prevent anyone from giving her food orally or stimulating her in any way. I have never heard of this before, but it appears as though actions are being taken to keep her in an illegal state of disability. Michael Schiavo refuses to allow a swallow test. Dr. William Hammesfahr determined back in 2000 that Terri can swallow. In the spring of 2000, three physicians, including Dr. Jay Carpenter, who is a former Chief of Medicine at Morton Plant Hospital, filed affidavits after observing Ms. Schiavo. All three physicians stated that it is visually apparent that Ms Schiavo is able to swallow and, in fact, does swallow her own saliva. ENT: The patient can clearly swallow, and is able to swallow approximately 2 liters of water per day (the daily amount of saliva generated). Water is one of the most difficult things for people to swallow. It is unlikely that she currently needs the feeding tube. She should be evaluated by an Ear Nose and Throat specialist, and have a new swallowing exam.

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.

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, s. 775.084.

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.

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.”

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.

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

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.

In 1990, Michael took Terri to San Francisco for experimental medical treatment, without the necessary prior approval of the Court. FS. § 744.3215(4).

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

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)

The Adult Protective Services Act (Chapter 415 of the Florida Statutes) affords protection to disabled persons from abuse, neglect and exploitation

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.

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 5 years, since April of 2000.

The Florida courts, DCF and Adult Protective Services have failed to do their job of protecting Terri’s rights under the existing Florida statutes. When people say that “case law” is on the side of Michael Schiavo, considering my limited knowledge of the law, I just have to wonder–what kind of “cases” ignored all the laws that protect the handicapped? Governor Jeb Bush has always had the executive power to remove Michael Schiavo as Terri’s legal guardian and to require a full investigation through every possible legal avenue, yet he hasn’t done it.

So what the hell is going on here?

Cross posted to the Wide Awakes

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