1) Bone scans and medical records from 1990 indicate severe trauma, and numerous broken bones. No criminal investigation has ever been conducted. US Forensic Pathologist Michael Baden reviewed these records and concluded that a criminal investigation should be conducted.
2) 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.
3) 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, or s. 775.084.
4)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.
5) 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."
6)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.
7)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
9) 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.
10) In 1990, Michael took Terri to San Francisco for experimental medical treatment, without the necessary prior approval of the Court. FS. § 744.3215(4).
11) 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
12) 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)
13) The Adult Protective Services Act (Chapter 415 of the Florida Statutes) affords protection to disabled persons from abuse, neglect and exploitation
14) 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.
15) 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 3 years.
The Florida courts, DCF and Adult Protective Services have failed to do their job of protecting Terri's rights under the existing Florida statutes. Governor Jeb Bush has always had the executive power to remove Michael Schiavo as Terri's legal guardian and to demand a full investigation through every possible legal authority. --Gordon Watts
Governor Bush failed to reign in the corrupt "Judge" Greer in this case and did not issue an executive order to prevent what Pat Anderson stated in her August 4, 2003 brief is "the first case of euthanasia in Florida's reported case law."
Instead, Gov. Bush has opted for the Terri's Law Sham which is an Ominous Euthanasia Inroad. |