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Michael Schiavo Becomes His wife's Plenary Guardian
-THE FIRST YEAR
According to court records: Application For Appointment As Guardian, File No: 90-2908-4GD, Official Records BK 7320 PG 743
Theresa Schiavo lived with her husband, Michael Schiavo, at 12001 -9th Street North, Apartment #2210, St. Petersburg, FL, on May 21, 1990. He lists David P. Grieco, Daniel J. Grieco Sr., Fran Kesler, Jackie Adams, and Roger Kling, are all five "close personal acquaintance (s)" of Michael Schiavo.
|Theresa Marie Schiavo collapses. She is without oxygen long
enough to cause brain damage. 911 is called. She is taken to Humana
| Within twenty-four to Forty-eight hours after Terri’s
collapse, Dan Grieco, a lawyer who was also Michael’s boss at
Agostino’s restaurant, arrived in the ICU waiting room. (A Life That
While Terri was still in the ICU we began talking about a malpractice suit against the two doctors Terri had been seeing before her collapse. It was my boss at Agostino's, attorney Dan Grieco, who first broached the subject, but he wasn't the right kind of lawyer to handle something like that. When the time came, he said he'd refer me to someone.[michael Schiavo: Terri the Truth, page 29]
Dan drew up the petition and we went before a judge. The court appointed a guardian ad litem to take Terri's side, but that person really doesn't do much in a case such as this. There was one court hearing, and on June 18, the court officially appointed me guardian. [Michael Schiavo: Terri: the Truth, page 31]
"It was while Terri was at Bayfront that I had my first
conversations with the attorneys who would ultimately file the
malpractice suit against Doctors Prawer and Igel. My boss at
Agostino's (Daniel Grieco) referred me to Glenn Woodworth, an
attorney in St. Petersburg with a medical liability trial practice.
Glenn brought in his partner at the time, Roland Lamb, and
ultimately a Miami litigator named Gary Fox...." [Michael Schiavo,
Terri the Truth, page 33]
May 9, 1990
Theresa Schiavo is discharged from Humans Hospital-Northside:
Dr. Barras from Bayfront Rehab Center was consulted and after
May 21, 1990:
| Michael Schiavo signed and filed a "Verified Petition For
Appointment of Guardian" in the Circuit Court, Sixth Judical
District, Pinellas County, Florida, Probate Division. (File No.
May 21, 1990:
|May 21, 1990: Michael Schiavo files Application for Appointment as Guardian. The attorney is Daniel J. Grieco..In the Circuit Court, Sixth Judical District, Pinellas County, Florida, Probate Division, File No.90-2908-4GD.|
May 22, 1990:
May 22, 1990: Michael files an injunction against Prudential Insurance Company of America. The attorney is Daniel J. Grieco.Terri is still in the College Harbor Nursing Home. According to records in the Pinellas County Clerk of Court, Attorney John C. Lenderman was the attorney on record for Prudential Insurance Company of America, Pinellas County case No. 90008845CI.
|“The fight to bring Terri out of her coma also is being fought in the legal arena. Schiavo recently filed his second lawsuit against the Prudential Insurance Co. of America. Mrs. Schiavo worked for Prudential and was insured by the company. Schiavo’s first lawsuit over benefits was settled in July…. Jeff Kovalesky, director of group operations with Prudential, said Wednesday he was not aware of the latest suit and declined to comment further. He said the terms of the earlier settlement prevent both parties from discussing Mrs. Schiavo’s condition or benefits publicly.”http://www.sptimes.com/2005/03/24/Flordian/15_years_ago_Terr_S.shtml|
June 27, 1990
|Dr. Baras, gives Theresa Schiavo a physical examination..|
June 18, 1990:
| June 18, 1990: Judge Robert F. Michael signs an order
determining that Theresa Schiavo is totally incapacited and appoints
Michael Schiavo her “plenary guardian.” Terri Schiavo's parents, the
Schindlers, do not object. [IN RE: Guardianship of Theresa Marie
Schiavo, Incapacitated]Order Determining Total Incapacity, Case No.
90-2908-4-GD, OFF Records Book 7306 Page 055]
Guardianship (Section 744.102 (8)(b), F.S.).A person is appointed by
the court to exercise all delegable legal rights and powers of the
person who has a disability. Full (plenary) guardianship is
necessary for very few people. It removes all rights relating to
both person and property. It requires that there first be an
adjudication of the person as totally incapable of handling any
personal decisions, money or property. After this adjudication of
incapacity, a guardian is appointed to make all decisions for the
June 18, 1990:
|Michael Schiavo signs "Oath of Guardian and Designation of Resident Agent and Acceptance" in which, he designates Daniel J. Grieco as the guardian's agent or attorney for service of process in any action against the guardian and the guardian's representative capacity, or personally, if such personal action accrued in the administration of the guardianship estate. Note: This was not filed until July 3, 1990.|
| “All the time I was off work staying with Terri, my
paychecks from the restaurant continued, and eventually, Dan Grieco
did as he had promised, and began helping us plan the initial legal
moves that were essential. The first thing he did was tell us that
we needed to file a guardianship petition so that I’d have the legal
right to make all decisions for Terri. As the husband, I was able to
approve her health-care treatment, but guardianship gave me power of
attorney for her. Getting guardianship of another person means that
you become that person. You are her mind and body. You speak for her
Dan drew up the petition and we went before a judge. The court appointed a guardian ad litem to take Terri’s side, but that person really doesn’t do much in a case such as this. There was one court hearing, and on June 18, the court officially appointed me guardian.” [Michael Schiavo, Terri the Truth, page 31]
June 27, 1990:
| Dr. David Baras [Bayfront Medical Center] gave Terri a
physical exam, and wrote in his report:
Patient is awake and eyes are open. She is easily startled to her name or when bedrail fell down. ... She does give eye contect to family members. She will close her eyes to any threatening response around her face and blink appropriately. ... Tracking is inconsistent. There was no verbal output during this exam but it has been reported by husband and other family members and therapists over at College Harbor. No voluntary movement as far as on command at this time. Sensory: She does respond to painful stimulation.... 6/27/1990 Dr. Baras MR: 5775d/1781 cc: 2 Baras/Shah/Cohen
|Terri is transferred to Bayfront Hospital Center in St. Pete, which is a part of Bayfront Hospital.|
|“It was while Terri was at Bayfront that I had my first conversations with the attorneys who would ultimately file the malpractice suit against Doctors Prawer and Igel. My boss at Agostino’s [Daniel Grieco] referred me to Glenn Woodworth, an attorney in St. Petersburg with a medical liability trial practice. Glenn brought in his partner at the time, Roland Lamb, and ultimately a Miami litigator named Gary Fox….” [Michael Schiavo, Terri the Truth, page 33]|
July 3, 1990:
| Judge W. Douglas Baird signs “Letters of Plenary Guardian”
“Michael Richard Schiavo duly qualified under the laws of the State of Florida to act as the plenary guardian(s) of Theresa M. Schiavo Incapacitated Person, and to act on behalf of the Incapacitated Person with full power to have care, custody, and control of the ward, to exercise all delegable rights of the law, and to take possession of and hold, for the benefit of said Incapacitated Person all the property of said Incapacitated Person, and of rents, income, issues, and profits from it….” [Judge Baird’s order]
• Over a decade later, Judge W. Douglas Baird will find Terri’s Law unconstitutional.
On June 18, 1990, OATH OF GUARDIAN AND DESIGNATION OF RESIDENT AGENT ACCEPTANCE, Michael and Theresa Schiavo's address is listed as being at 12001 4th St. N #2210 St. Petersburg, FL 33716.....Petition was filed on July 3, 1990.
|Terri went to live with Michael and the Schindlers in a three bedroom house in Vina del Mar. Bob Schindler worked as a mechanical systems designer for Raytheon Engineers during the day, while Michael and Mary took care of Terri. (A Life That Matters, 2006)|
September 5, 1990:
Michael Schiavo files Initial Guardianship Plan. According to Michael's plan for Terri. He was "currently reviewing need to place ward in an extended care facility." He listed his and Terri's address as2630 Vina Del Mar Boulevard, St. Petersburg Beach, Florida 33706. He identified her functional capacity as "vegetative State." And wrote that rehabilitative services are "not useful at this time."Schiavo also listed Dr. Baras/Bay Front Medical Center as Terri's physician. And he said in his plan that Terri's diagnosis/prognosis was "poor."(Daniel J. Grieco II signed the Initial Guardianship Plan.)
|Still, by October, Michael and I had decided we could care for Terri no longer. There had been too many trips to the hospital to have the gtube reinserted, too many calls to the paramedics when Terri had coughing fits we did not know how to stop. All the goodwill in the world couldn't substitute for the sheer physical burden placed on us both. [A Life that Matters,2006, pg 45]|
November 29, 1990:
|Michael and a nurse took Terri to California for an experimental brain implant. (Silent Witness, 2005)|
December 12, 1990:
|December 12, 1990: A deep brain stimulator was placed in Terri’s brain.|
|.Money remained a problem, especially during the Fall of 1990. Michael was living on Terri's Social Security disability payments, and Bob was working....We were living from paycheck to paycheck....Fund-raisers were held on Terri's behalf, not only by our neighbors but also by Terri's co-workers at Prudential. There were bake sales, a Valentine Day dance in her honor, a Terri Schiavo Day. Over Christmas, a mile-long line of candles placed on sandbags was set up along the seawall, and people could buy the bags....Beyond the formal events, individual donations arrived from dozens of citizens, ... Altogether, some $50,000 was raised, money we used to pay for the plane trip to California, nurses, and other medical expenses. [A Life That Matters, pages 47-48]|
Rehabilitative services are "not useful at this time."
According to the 1993 Deposition: http://www.nevin.net/1992_med-mal_ms_depo.htm
1. Terri Schiavo was discharged from the hospital on May 9, 1990.
2. From Humana Hospital, she went to College Harbor Nursing Home, for approximately
two months:From May 9 to around sometime in July.
3. Then she went to Bayfront Medical Center for two months: From July 1990 to September 1990.
4. Then she went to live with Michael Schiavo and the Schindlers at 2630 East Vina Del Mar,
St. Pete Beach, for approximately three months: From September 1990 to until she was taken to
California for brain surgery.
According to the 1999 Pretrial Deposition: http://www.hospicepatients.org/m-schiavo-pretrialdeposition-1999.pdf
The only rehab Terri Schiavo got in 1990 was at Bayfront Medical Center, from July to September.
NOTE: September 5, 1990:
Michael Schiavo files Initial Guardianship Plan. According to
Michael's plan for Terri. He was "currently reviewing need to place
ward in an extended care facility." He listed his and Terri's
address as2630 Vina Del Mar Boulevard, St. Petersburg Beach, Florida
33706. He identified her functional capacity as "vegetative State."
And wrote that rehabilitative services are "not useful at this
time."Schiavo also listed Dr. Baras/Bay Front Medical Center
as Terri's physician. And he said in his plan that Terri's
diagnosis/prognosis was "poor."(Daniel J. Grieco II signed the
Initial Guardianship Plan.)
1990 COURT DOCKET
NOTE:Attorney: GRIECO DANIEL J II 00002620 SUITE 300 8240 118TH AVE NORTH LARGO FL 33773 is replaced on record by STANLEY GYNETH S 00218578 114 TURNER STREET CLEARWATER FL 33756
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