Terri Schiavo’s Parents Rebuffed in Effort to Appoint New Legal Guardian

Bioethics   |   Steven Ertelt   |   Jul 7, 2004   |   9:00AM   |   WASHINGTON, DC

Terri Schiavo’s Parents Rebuffed in Effort to Appoint New Legal Guardian

by Steven Ertelt
LifeNews.com Editor
July 7, 2004

Clearwater, FL (LifeNews.com) — Bob and Mary Schindler received a setback in their effort to appoint a new legal guardian for their daughter, Terri Schiavo.

Judge George Greer dismissed a legal motion that would have required Terri’s estranged husband Michael to prove that he is still qualified to make her medical decisions.

Judge Greer ordered that a Writ of Quo Warranto filed on behalf of the Schindlers be dismissed. The legal document asked that Michael demonstrate what legal authority allows him to continue as Terri’s guardian and to show that he is complying with the law and court orders regarding Terri’s care.

The Schindlers say Michael has abrogated his duties by failing to comply with a Florida statute requiring guardians to establish an annual medical care plan for patients under their watch.

Michael Schiavo has failed to file the annual care plan since August 2001. During that time, Michael has not provided Terri with rehabilitative care due to her under the rules attached to a medical malpractice award the Schiavos won after Terri’s collapse.

In his decision, Greer cited a 1932 court case and said the Schindlers already have a legal motion in place regarding Terri’s guardianship that has yet to be resolved.

In November 2002, the Schindlers filed a request with Judge Greer to remove Michael as Terri’s guardian.

"Logic and reason would lead us to concluded that an extraordinary remedy should not be afforded where an ordinary remedy is available," Greer wrote in his decision. He said grating the Writ of Quo Warranto would cause "confusion and disorder."

Greer has not made a final decision on their request for change in guardianship and, given the length of time since it was filed, there may be little reason to hope it will be granted.

In March, Greer ruled against a contempt of court motion the Schindlers filed against Michael saying he is violating a court order by withholding information about Terri’s medical condition from them.

A 1996 judicial mandate by the Pinellas County Circuit Court requires Michael to provide Terri’s family with current information concerning her medical condition and treatment if there is a "significant change" in Terri’s condition.

"With every hearing, it gets more obvious to me that this judge is working to insulate Michael Schiavo and, in the process, is causing harm to my sister and torturing my parents. God have mercy on other parents of disabled people in this jurisdiction," Terri’s brother Bobby Schindler, Jr., told LifeNews.com.

Related web sites:
Judge Greer’s order – https://zimp.org/documents/dismiss070704.pdf
Terri Schiavo’s family – https://www.terrisfight.org