Judge George W. Greer has not ruled according to law in the case of whether to remove Terri Schiavos tube by which she receives nutrition and hydration. The rulings, which are inconsistent with Florida Statutes and Constitution, are:
1. Judge Greer has allowed Michael Schiavo to remain as Terris guardian even though he should be removed as Terris guardian pursuant to Florida Statute 744.474(2 ) for failure to discharge his duties as guardian. The statute 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.
2. Judge Greer has allowed Michael Schiavo to remain as Terris guardian even though he should be removed as Terris guardian pursuant to Florida Statute 744.474(3) for abuse of his powers as evidenced by his denying her any significant sensory stimulation and his efforts to have her life ended.
3. Judge Greer has allowed Michael Schiavo to remain as Terris guardian even though he should be removed as Terris guardian pursuant to Florida Statute 744.474(7) for wasting, embezzlement, or other mismanagement of the ward's property, one example is Michaels statement on national television that he had Terris wedding rings melted down and made into jewelry for himself.
4. Judge Greer has allowed Michael Schiavo to remain as Terris guardian even though he should be removed as Terris guardian pursuant to Florida Statute 744.474(11) because of a conflict of interest between the ward and the guardian due to Michael Schiavo living with and fathering children with another woman.
5. Judge Greer has allowed Michael Schiavo to remain as Terris guardian even though he should be removed as Terris guardian pursuant to Florida Statute 744.474(13) for failure to comply with the guardianship report.
6. Judge Greer has allowed Michael Schiavo to remain as Terris guardian even though he should be removed as Terris guardian pursuant to Florida Statute 744.474(14) for failure to file annual guardianship reports in a timely manner.
7. Judge Greer has allowed Michael Schiavo to remain as Terris guardian even though he should be removed as Terris guardian pursuant to Florida Statute 744.474(16) for improperly managing the wards assets by using Terris money which was awarded by a court to be used for her rehabilitation but at the authorization of Judge Greer is being used to pay legal fees in an effort to end Terris life.
8. Judge Greer has allowed Michael Schiavo to remain as Terris guardian even though he should be removed as Terris guardian pursuant to Florida Statute 744.474(17) because there has been a significant change in Terris assets due to the actions of her guardian. Terris assets have likely increased since her accident and Michael Schiavo is denying Terri the benefit of any assets accrued after the malpractice award which would be equally hers as Michaels legal spouse.
9. Judge Greer has allowed Michael Schiavo to remain as Terris guardian even though he should be removed as Terris guardian pursuant to Florida Statute 744.474(18) because Michaels adulterous relationship (which is a misdemeanor under Florida law) with another woman ought to disqualify Michael as a suitable guardian for Terri as the interest which Michael said (in malpractice trial court proceedings) he had toward Terri is directed to another woman who is not his wife and has two children by said other woman of whom he is the father.
10. Judge Greer has allowed Michael Schiavo to remain as Terris guardian and has aided Michael in abusing, neglecting, and exploiting Terri, a vulnerable adult, by appropriating funds that were awarded for her rehabilitation to pay legal fees, and has aided in exploiting Terri by denying the money to be used for her benefit. Both these infractions were committed with the
knowledge that Terri lacked the capacity to consent and explained in detail in Florida Statute 415.102.
11. Judge Greers rulings to date have deprived Terri Schiavo of her constitutional right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property which are detailed in Section 2 of the Florida Constitution by ordering her life to be ended by denying her hydration and nutrition.
12. Judge Greer has deprived Terri of her constitutional religious rights by allowing Michael Schiavo to prevent Monsignor Malonowski from visiting Terri, by allowing Michael to prevent Monsignor Malinowski from administering last rites when her feeding tube was removed in October 2003, and by allowing Michael to prevent Terris blood relatives from placing pictures of religious figures in her room.
13. Judge Greer has allowed Terris constitutional right to privacy to be violated by Michael Schiavo by not restricting his comments during interviews on national television.
14. Judge Greer has denied Terri the right under 744.3215C(a) To have an annual review of the guardianship report and plan.
15. Judge Greer has denied Terri the right under 744.3215(b) (b) to have continuing review of the need for restriction of her rights.
16. Judge Greer has denied Terri the right to be restored to capacity, FL statute 744.3215C.
17. Judge Greer has denied Terri the right under 744.3215(d) (d) to be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.
18. Judge Greer has denied Terri the right under 744.3215(e) to have a qualified guardian.
19. Judge Greer has denied Terri the right under 744.3215(f) to remain as independent as possible, including having her preference as to place and standard of living honored, either as she expressed or demonstrated her preference prior to the determination of his or her incapacity or as she currently expresses her preference, insofar as such request is reasonable.
20. Judge Greer has denied Terri the right under 744.3215 (g) to be properly educated. She is not receiving any rehabilitative therapy.
21. Judge Greer has denied Terri the right under 744.3215 (h) to receive prudent financial management for her property and to be informed how her property is being managed. Michael Schiavo stated on national television that he melted Terris wedding rings down and had them made into jewelry for himself.
22. Judge Greer has denied Terri the right under 744.3215 (i) to receive necessary services and rehabilitation. Judge Greer has allowed Michael to deprive Terri of the same. She did not have a working wheelchair for an extended and unnecessarily long period of time.
23. Judge Greer has denied Terri the right under 744.3215 (k) to have access to the courts. Judge Greer has relied upon the testimony of others related to Michael Schiavo as to Terris condition yet ignored the testimony of her blood relatives which was contradictory to information provided by Michael and his family.
24. Judge Greer has denied Terri the right under 744.3215(l) to counsel.
25. Judge Greer has denied Terri the right under 744.3215(m) to receive visitors and communicate with others.
26. Judge Greer has allowed violation of 744.3215(a) by allowing Terri to be moved to different facilities without prior approval of the court.
27. Judge Greer has allowed violation of 744.3215(b) not requiring Michael to have follow up examinations of electrodes, which were implanted in Terris brain. These implants should have been removed years ago, as they are a source for both infection and hydrocephalus. Hydrocephalus may cause pressure that could suppress cognitive function and be responsible for much of Terris condition. If so, there could be a vast improvement in her condition if a shunt were placed. Hydrocephalus could also cause pressure that would flatten the brain and show fluid filled areas on a brain scan.
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