Violations of Florida Statutes against Terri Schiavo
“Somebody some day will say ‘this is illegal.’ By then be sure the orgs [Scientology organizations] will say what is legal or not."
-
L. Ron Hubbard, Hubbard Communications Office Policy Letter, 4 January 1966,
“LRH Relationship to Orgs
744.3215 Rights of persons determined incapacitated.
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch07
44/SEC3215.HTM&Title=-%3E2003-%3ECh0744-%3ESection%203215
(1) A person who has been determined to be incapacitated retains the right:
(a) To have an annual review of the guardianship report and plan.
(VIOLATED – Her husband/guardian has failed to file such plans for a number of
years. During the years in which he DID submit the required plan, he entered
“NONE” as his plan of action.)
(b) To have continuing review of the need for restriction of his or her rights.
(VIOLATED – The guardian courts have not required her husband/guardian to file
such reports mentioned above and no consistent continuing review has taken place
because of that.)
(c) To be restored to capacity at the earliest possible time.
(VIOLATED – Terri Schiavo has not received therapy since prior to the 1992
medical malpractice settlement in her favor which was intended to facilitate
such therapy.)
(d) To be treated humanely, with dignity and respect, and to be protected
against abuse, neglect, and exploitation.
(VIOLATED – deliberate acts of omission [including humane care and food and
water] are considered felony abuse under the law.)
(e) To have a qualified guardian.
(VIOLATED – her husband/guardian is no longer qualified for his failure to
comply with Florida law requiring annual review of guardianship, failure to
properly maintain the property of the ward, failure to comply with the ward’s
retained rights to necessary services and living in open adultery which is a
misdemeanor under Florida law.)
(f) To remain as independent as possible, including having his or her preference
as to place and standard of living honored, either as he or she expressed or
demonstrated his or her preference prior to the determination of his or her
incapacity or as he or she currently expresses his or her preference, insofar as
such request is reasonable.
(VIOLATED – Terri Schiavo is wrongfully confined to a Hospice facility and
further confined to a single room without social interaction, stimulation and
human company.)
See: Scientology
Doctrine: Michael Removed Terri From Society
(g) To be properly educated.
(VIOLATED – Terri has not received speech therapy which could enable her to
communicate more effective and to manage table food. She has not received help
in learning any other protocol (such as blinking) to assist her in communicating
more effectively.)
(h) To receive prudent financial management for his or her property and to be
informed how his or her property is being managed, if he or she has lost the
right to manage property.
(VIOLATED – Terri’s medical management fund has been all but depleted on
legal fees in the pursuit of her death. More than half a million dollars has
been paid to one attorney in particular. There is no evidence that Terri would
have managed her funds in this way nor given any consent to such.)
(i) To receive necessary services and rehabilitation.
(VIOLATED
– Terri Schiavo has not received proper physical, occupational,
speech or range of motion therapy. She has been denied treatment for simple
infections and she has been denied hospitalization necessitated by serious
illness.)
(j) To be free from discrimination because of his or her incapacity.
(VIOLATED
– Terri Schiavo has been denied due process in both the
guardianship and federal courts.)
(k) To have access to the courts.
(VIOLATED – See above.)
(l) To counsel.
(VIOLATED – Terri Schiavo was never represented during the duration of the
guardianship proceedings and did not have a Florida required Guardian ad Litem
assigned to represent her during the majority of the proceedings.)
(m) To receive visitors and communicate with others.
(VIOLATED
– Terri’s visitor list is strictly managed by her
husband/guardian who has, a number of times, barred her family, her friends and
her spiritual counsel from visiting her, without the court’s prior approval
and on personal whim.)
(n) To notice of all proceedings related to determination of capacity and
guardianship, unless the court finds the incapacitated person lacks the ability
to comprehend the notice.
(VIOLATED – Terri has not been legally
represented in any of the guardianship proceedings and has received no counsel.)
(4) Without first obtaining specific authority from the court, as described in
s. 744.3725, a guardian may not:
(a) Commit the ward to a facility, institution, or licensed service provider
without formal placement proceeding, pursuant to chapter 393, chapter 394, or
chapter 397.
(VIOLATED – Terri was admitted to a
Hospice facility in 2000 without prior court approval and in violation of
Federal laws pertaining to Hospice confinement qualifications.)
(b) Consent on behalf of the ward to the performance on the ward of any
experimental biomedical or behavioral procedure or to the participation by the
ward in any biomedical or behavioral experiment. The court may permit such
performance or participation only if:
1. It is of direct benefit to, and is intended to preserve the life of or
prevent serious impairment to the mental or physical health of the ward; or
2. It is intended to assist the ward to develop or regain his or her abilities.
(VIOLATED – Terri Schiavo was subjected to experimental implant surgery in
1993 without prior court approval and without recommendation of her attending
physician. Additionally, she was transported across state lines for said
surgery. Additionally, follow up care was never provided and no further
maintenance services have ever been provided for the implanted electrodes.)
(c) Initiate a petition for dissolution of marriage for the ward.
(d) Consent on behalf of the ward to termination of the ward's parental rights.
(e) Consent on behalf of the ward to the performance of a sterilization or
abortion procedure on the ward.
744.2025 Change of ward's residence.
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0744/SEC2025.HTM&Title=-%3E2003-%3ECh0744-%3ESection%202025
(1) PRIOR COURT APPROVAL REQUIRED.--A guardian who has power pursuant to this
chapter to determine the residence of the ward may not, without court approval,
change the residence of the ward from this state to another, or from one county
of this state to another county of this state, unless such county is adjacent to
the county of the ward's current residence. Any guardian who wishes to remove
the ward from the ward's current county of residence to another county which is
not adjacent to the ward's current county of residence must obtain court
approval prior to removal of the ward. In granting its approval, the court
shall, at a minimum, consider the reason for such relocation and the longevity
of such relocation.
(VIOLATED – Terri Schiavo was moved to a Hospice facility in 2000 by her
husband without prior court approval. The Hospice House in question was served
by his attorney, George Felos, in the capacity of Chairman up until that same
time.)
744.3145 Guardian education requirements
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0744/SEC3145.HTM&Title=-%3E2003-%3ECh0744-%3ESection%203145
(4) Each person appointed by the court to be a guardian must complete the
required number of hours of instruction and education within 1 year after his or
her appointment as guardian. The instruction and education must be completed
through a course approved by the chief judge of the circuit court and taught by
a court-approved organization. Court-approved organizations may include, but are
not limited to, community or junior colleges, guardianship organizations, and
the local bar association or The Florida Bar.
(VIOLATED – See Above.)
798.01 Living in open adultery
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0798/SEC01.HTM&Title=-%3E2003-%3ECh0798-%3ESection%2001
Whoever lives in an open state of adultery shall be guilty of a misdemeanor of
the second degree, punishable as provided in s. 775.082 or s. 775.083. Where
either of the parties living in an open state of adultery is married, both
parties so living shall be deemed to be guilty of the offense provided for in
this section.
(VIOLATED – Michael Schiavo has cohabitated and fathered children with another
woman while still married to Terri Schiavo.)
825.102 – Abuse, Neglect and Exploitation of Elderly Persons and Disabled
Adults.
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0825/titl0825.htm&StatuteYear=2003&Title=%2D%3E2003%2D%3EChapter%20825
(1) "Abuse of an elderly person or disabled adult" means:
(a) Intentional infliction of physical or psychological injury upon an elderly
person or disabled adult;
(VIOLATED – Physical injury by denial of simple procedures to alleviate
painful contractures of the hands and possible disfigurement because of said
contractures. Psychological abuse in denial of company, stimulation, acts of
caging.)
(b) An intentional act that could reasonably be expected to result in physical
or psychological injury to an elderly person or disabled adult; or
(VIOLATED – Intentional denial of treatment for simple infection with the
knowledge that doing so would hasten death – 1993.)
(c) Active encouragement of any person to commit an act that results or could
reasonably be expected to result in physical or psychological injury to an
elderly person or disabled adult.
(VIOLATED – By instructing caregivers not to provide relief of contractures;
by instructing doctors not to treat for simple infection.)
A person who knowingly or willfully abuses an elderly person or disabled adult
without causing great bodily harm, permanent disability, or permanent
disfigurement to the elderly person or disabled adult commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) "Aggravated abuse of an elderly person or disabled adult" occurs
when a person:
(a) Commits aggravated battery on an elderly person or disabled adult;
(b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages,
an elderly person or disabled adult; or
(VIOLATED – Denial of human comfort and spiritual comfort at personal whim.
Terri Schiavo is also wrongfully caged, kept confined to a single room and
without stimulation or ability to be taken outside.)
(c) Knowingly or willfully abuses an elderly person or disabled adult and in so
doing causes great bodily harm, permanent disability, or permanent disfigurement
to the elderly person or disabled adult.
(VIOLATED – See above.)
A person who commits aggravated abuse of an elderly person or disabled adult
commits a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(3)(a) "Neglect of an elderly person or disabled adult" means:
1. A caregiver's failure or omission to provide an elderly person or disabled
adult with the care, supervision, and services necessary to maintain the elderly
person's or disabled adult's physical and mental health, including, but not
limited to, food, nutrition, clothing, shelter, supervision, medicine, and
medical services that a prudent person would consider essential for the
well-being of the elderly person or disabled adult; or
(VIOLATED – Denial of treatment of simple infection which would, admittedly,
hasten death, removal of food and water, denial of medicine.)
2. A caregiver's failure to make a reasonable effort to protect an elderly
person or disabled adult from abuse, neglect, or exploitation by another person.
(VIOLATED – The results of a 1991 bone scan, indicating multiple and serious
trauma to Terri’s body were never reported or investigated by her
husband/guardian.)
Neglect of an elderly person or disabled adult may be based on repeated conduct
or on a single incident or omission that results in, or could reasonably be
expected to result in, serious physical or psychological injury, or a
substantial risk of death, to an elderly person or disabled adult.
(b) A person who willfully or by culpable negligence neglects an elderly person
or disabled adult and in so doing causes great bodily harm, permanent
disability, or permanent disfigurement to the elderly person or disabled adult
commits a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(c) A person who willfully or by culpable negligence neglects an elderly person
or disabled adult without causing great bodily harm, permanent disability, or
permanent disfigurement to the elderly person or disabled adult commits a felony
of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
825.103 Exploitation of an elderly person or disabled adult; penalties.
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0825/SEC103.HTM&Title=-%3E2003-%3ECh0825-%3ESection%20103
(b) Obtaining or using, endeavoring to obtain or use, or conspiring with another
to obtain or use an elderly person's or disabled adult's funds, assets, or
property with the intent to temporarily or permanently deprive the elderly
person or disabled adult of the use, benefit, or possession of the funds,
assets, or property, or to benefit someone other than the elderly person or
disabled adult, by a person who knows or reasonably should know that the elderly
person or disabled adult lacks the capacity to consent.
(2)(a) 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.
(VIOLATED – Funds that were awarded to Terri Schiavo have been embezzled
[with Judge Greer's approval] by
Michael Schiavo to pay his legal fees. These funds were awarded to Terri Schiavo
as a medical management/rehabilitation settlement and remain her property. Her
guardian has all but wasted her entire estate on his own legal pursuits.)
Universal Declaration of Human Rights
Adopted by UN General Assembly Resolution 217A (III) of 10 December 1948
http://fletcher.tufts.edu/multi/texts/UNGARES217A.txt
Article 3
Everyone has the right to life, liberty and security of person.
Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading treatment
or punishment.
Article 6
Everyone has the right to recognition everywhere as a person before the law.
Article 7
All are equal before the law and are entitled without any discrimination to
equal protection of the law. All are entitled to equal protection against any
discrimination in violation of the Declaration and against any
incitement to such discrimination.
Article 17
1. Everyone has the right to own property alone as well as in association with
others.
2. No one shall be arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience and religion; this
right includes freedom to change his religion or belief, and freedom, either
alone or in community with others and in public or private, to manifest his
religion or belief in teaching, practice, worship and observance.
Article 25
1. Everyone has the right to a standard of living adequate for the health and
well-being of himself and of his family, including food, clothing, housing and
medical care and necessary social services, and the right to security in the
event of unemployment, sickness, disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control.
Other Items/Questions
777.04 Attempts, solicitation, and conspiracy.
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0777/SEC04.HTM&Title=-%3E2003-%3ECh0777-%3ESection%2004
877.02 Solicitation of legal services or retainers therefore; penalty.
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch08
77/SEC02.HTM&Title=-%3E2003-%3ECh0877-%3ESection%2002
(2) It shall be unlawful for any person in the employ of or in any capacity
attached to any hospital, sanitarium, police department, wrecker service or
garage, prison or court, or for a person authorized to furnish bail bonds,
investigators, photographers, insurance or public adjusters, to communicate
directly or indirectly with any attorney or person acting on said attorney's
behalf for the purpose of aiding, assisting or abetting such attorney in the
solicitation of legal business or the procurement through solicitation of a
retainer, written or oral, or any agreement authorizing the attorney to perform
or render legal services.
(VIOLATED: Felos/Bushnell’s relationship with Hospice.)
733.504 Removal of personal representative; causes for removal.
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0733/SEC504.HTM&Title=-%3E2003-%3ECh0733-%3ESection%20504
A personal representative may be removed and the letters revoked for any of the
following causes, and the removal shall be in addition to any penalties
prescribed by law:
(3) Failure to comply with any order of the court, unless the order has been
superseded on appeal.
(5) Wasting or maladministration of the estate.
Also see: Judge Greer's Violations of Florida statutes and judicial canons
Very
Good Reasons to Investigate Michael Schaivo
acknowledgements: copied from Free Republic post by pc93
Liberty To The Captives Established in June 2001