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February 24, 2005

Name a Guardian ad litem for Terry Schiavo

The best route for the Florida legislature to protect Terry Schiavo from her estranged husband (to put it mildly) is to declare him an unfit guardian.. The court could name her parents as guardians, or perhaps name an independent guardian ad litem, as the court sometimes does for a minor child.

Terry Schiavo’s parents, the Schindlers, are urging the Legislature to amend state law so a spouse cannot serve as a guardian if he is living with someone else.

The Florida Senate President hints that such a change may be the most feasible action the Legislature could take.

“We have a guardian who essentially has moved on and is living another life but retains the responsibilities and obligations of guardianship," said Sen. Tom Lee. "I think that is unique in this situation."

Posted by Jim at February 24, 2005 02:37 PM

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The judge is acting as her ad litem--putting himself in a conflict position and also afoul of the law against it.

Something really stinks to high heaven about the way this judge is conducting matters in his court.

Posted by: Sue Bob at February 24, 2005 05:40 PM

Good post. The Schindlers are much more like her real guardians. They visit, monitor her, explore ways that she could be assisted (although prevented from acting), and are in touch with her physical and mental condition on a regular basis. A law change would have to be carefully worded though.

Posted by: Catez at February 25, 2005 02:45 AM