Terri Schiavo’s Brother, Bobby Schindler, Petitions Court to Intervene in Guardianship Case

Attorney Christopher Johnson has filed with the Supreme Court of the State of New York, asking the court to allow Mr. Bobby Schindler, brother of Terri Schiavo to serve as Guardian for Mr. Gary Harvey.

In 2006, Mr. Harvey, a Chemung County resident, was involved in a home accident, which left him with a profound brain injury. His spouse, Mrs. Sara Harvey, sought guardianship only to be denied by the Chemung County Supreme Court who ultimately appointed the Chemung County Department of Social Services as Mr. Harvey’s guardian. Since that time, Mrs. Harvey has been in a prolonged court battle with Chemung County officials and the New York State Court System.

Indeed, it was in May of 2009 when the ethics committee from the hospital where Mr. Harvey was residing recommended the removal of his nutrition and hydration tube, and also issued a “do-not-resuscitate order” (DNR).

Fortunately, the court denied that request. However, inexplicably, the DNR stayed in place and Mr. Harvey remains under the control of Chemung County, despite the fact that the county tried to end his life.

“I have raised the question many times, ‘How can Chemung County, Guardian of Mr. Harvey, be acting in his best interest when they, in fact, tried to kill him?’ From all indications, it appears that Mr. Harvey has been warehoused and denied the opportunity to receive the care and rehabilitative services that would benefit his condition,” stated Bobby Schindler.

It is the hope that with this filing, the court will recognize that Mr. Harvey deserves the chance to receive aggressive therapy and rehabilitation. Certainly from Mr. Schindler’s experience with brain injured persons, he would afford Mr. Harvey the help he needs in the hopes to significantly improve his quality of life.

Source:
Schiavo’s Brother Petitions Court to Intervene in Guardianship Case

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51 Responses to “Terri Schiavo’s Brother, Bobby Schindler, Petitions Court to Intervene in Guardianship Case”

  1. Sara Harvey Says:

    Thank you Bobby Schindler and Attorney Chris Johnson for your compassion of my husband. This is the BEST news that my husband has been waiting for in a very very long time.

  2. Anonymous Says:

    WONDERFUL NEWS NASGA!!! Sara saved Gary from certain death in my book that's a homicide that would take place at a Catholic Hospital. Shame on them! Now let the truth be told.Many thanks to Mr. Schindler and his lawyer for stepping up and being Gary's voice.

  3. NASGA Says:

    NASGA wholeheartedly supports Bobby Schindler's filing in the Harvey case!

  4. Thelma Says:

    If the County tried to kill Gary Harvey, surely this case must be taken away from them, and should have been taken away long ago.

  5. Betty Says:

    Hooray for Gary Harvey!

  6. Diane Says:

    Wonder what Kevin Moshier plans to do? Will he oppose Bobby or will he once again go silent and take the county's side knowing the facts and his role? Will he allow the continuing isolation of his client or will he once again fail Mr. Harvey?Attorney Moshier is a disgrace to the profession and his religion.

  7. Anonymous Says:

    Face Book Page Favorite quote of Attorney Kevin Moshier…"A lie can make it half-way around the world before the truth can put its shoes on." This is really Rich coming from him!!! lol

  8. Rudy Bush Says:

    This is good news. Nonprofits taking an active stand could make a real difference. The DE-valuing of human life must be stopped. And Mr. Schindler is a fine example of an American, brave and free.

  9. Barbara Says:

    Bless you, Bobby Schindler! Gary Harvey will be in wonderful hands and will finally have a chance to improve his quality of life. Bless you!

  10. StandUp Says:

    OMG, I am so happy for the Harvey family! Thelma is right. Guardianship should have been taken from the County long ago. Now's an opportunity to do what is right for Gary Harvey.Thank you for posting, NASGA!

  11. Anonymous Says:

    My hopes and prayers are with Gary, Sara, and Bobby. It is way past time to right this really awful wrong.From your supporters in Cook County, IL

  12. Sue Says:

    Now is the time to do the right thing and Moshier and the County can do what is right..you are both right Standup and Thelma do what is right for Gary Harvey!

  13. Hannah Says:

    Isn't this wonderful news? Prayers for Gary Harvey have been answered!

  14. Michigan Advocacy Project Says:

    Great strategy! Now, it's court-watching time – as Schindler and Johnson determine to show that the present guardian has not served in Gary Harvey's best interests. Sounds simple, doesn't it?

  15. Finny Says:

    Sounds like Bobby Schindler has a great attorney. I join everyone here in a standing ovation in honor of Gary Harvey!

  16. Anonymous Says:

    Bobby Schindler's name is nationally known and recognized, he is known for standing up for the right side in right vs the wrong = to heavy weight and credibility with the court which is the direct opposite of the decision to end Mr. Harvey's life.

  17. fellow NASGA member Says:

    Mr. Shindler's credentials are impeccable. I am so happy for Gary, Sara.

  18. Dee Says:

    Finny, lets not forget the other heros in this nightmare the victims and their family have faced and some still fighting the good fight.

  19. Anonymous Says:

    HAPPY NEW YEAR CHEMUNG COUNTY!!!!

  20. Mike Says:

    I have a very deep respect for Bobby Schindler, for not only what his family and he went though in the ultimate loss of Terri, but what's he's built of that tragedy.There just can't be anyone else better qualified to assume this role in Gary Harvey's behalf. The County has a chance now to do the right thing for Gary Harvey and resign. The sooner, the better.

  21. Lou Says:

    This is wonderful news! I truely hope that this is not a prolonged battle! It certainly appears to be a huge conflict of interest with the County serving as the guardian for Mr. Harvey!

  22. Victim Says:

    sure would save the tax payers of chemung county tons of money if they did resign Mike.

  23. Nancy Says:

    This wonderful news makes my heart skip a beat. I am so happy for Gary Harvey and so proud of Bobby Schindler, whom I have admired for years.

  24. Sam Says:

    Bobby Schindler ROCKS!!!! who would have thought???? Gary Harvey is truly blessed!!!!God is on his side.

  25. B Inberg Says:

    Volunteers sacrificing their time against the wrongdoers, the abusers, those addicted to power and control for guaranteed income.Volunteers and non-profits standing up for American citizens who are silenced.I applaud Bobby Schindler and his attorney for caring about Gary, standing up for husband and wife.Volunteers have made a difference in the no-kill animal shelters – applause to them!NASGA believes in no-kill hospitals and of all places a Catholic Hospital?How can they take a stand against abortion? While not standing up for a living person who is dependent on others to sustain life? A life is a life – no tap dancing around this.Good Luck in court Sara – I hope and pray justice prevails.

  26. Joecitizen Says:

    Attorney Johnson and Bobby Schindler, your not alone and I admire your efforts that are making a difference. I believe that the New York Supreme Court is going to do the right thing here and turn over the guardianship. Watching from the wings and wishing you the best! Joe Roubicek

  27. Sara Harvey Says:

    I wanted to give this gift to my husband on Christmas day, however the guardian nor her contracted client APS, or the attorney bothered to confirm my visit as promised in an email with me or the hired guard who monitors my visits, because this catholic hospital my husband is forced to live, alone and isolated with two flu outbreaks this month, all failed their duty to my husband to tell me whether I could visit him on this special day that we have always shared and enjoyed together.The hired guard was there, the hospital knew. Spike and his son told me he received a phone call from the hospital on December 21, 2012 that the flu quarantine had been lifted and could visit his mother. The very same day the petition was filed. Is this coincidence, retaliation, misunderstanding, or what? I say let the public(you)decide.Thank you everyone for your support and compassion of my husband and his fight.

  28. honeybear Says:

    Seems to me I remember the lawyer for the county saying in an interview something to the effect that the county was doing it's best for Gary, that they really didn't want to be Gary's guardian but there was no one else. Well, that's not true any more now, is it? Thank you Bobby Schindler.

  29. Kevin Says:

    Victim said… sure would save the tax payers of chemung county tons of money if they did resign Mike………not to mention all the time spent where they claim is time consuming…or warrants no reply.

  30. Alicia Says:

    What a way to end the year!

  31. Kay Says:

    I have been praying for an answer for Gary and this is it! I'm just so happy Mr. Schindler is doing this for Gary!Let's keep praying the court agrees!

  32. Sam Says:

    CALL FOR JUSTICE: COMMISSIONER APPOINTED LEGAL GUARDIAN DERETHA WATTERSON 607-737-5609 .KEVIN MOSHIER ESQ. APPOINTED ATTORNEY FOR MR. HARVEY 607-271-9262APS/LONG TERM CARE 607-737-5490BRYAN MAGGS COUNTY ATTORNEY 607-733-4635

  33. stop guardian abuse Says:

    This is great news … long time coming!! I hope this is going to be the end of the horrible treatment Gary Harvey as well as Sara Harvey have had to endure these past years.

  34. Anonymous Says:

    Best wishes for success for Mr. Schindler, and Sara and Gary Harvey. We will be watching!

  35. Anonymous Says:

    Wonderful!

  36. Keith Says:

    Way to go! I join everyone here in being happy for Gary Harvey!

  37. Karen Says:

    I posted this story on my facebook account and asked my friends to share. This is great news and I hope for success.

  38. Sylvia Says:

    Bobby Schindler will act in the best interest of Gary Harvey 100% guarantee. 6 years of torment against husband and wife; punish Sara, punish Gary it's as simple as that – Chemung County must go ENOUGH IS ENOUGH.

  39. Anonymous Says:

    Thank you Bobby S for caring and prayers to the Harveys.

  40. Mary Waddell Says:

    Thank you, Bobby Schlinder! That's teriffic news. And Chemung County, which has done such a poor job, will be replaced with a competent person. Wonderful, wonderful news!

  41. David Says:

    Hey this story got picked up by a HUGE pro life group!!!http://www.lifenews.com/2012/12/27/terri-schiavos-brother-hopes-to-save-patient-from-death/The momentum is GROWING!

  42. ira Says:

    Congrats Sara, You are a wonderful person fighting against all odds. Keep up the fight and never give up. Kick their ass! Your friend, Ira

  43. Stewart Says:

    JUST MADE TOP NEWS ON GOOGLE FOR GARY HARVEY!!!

  44. Anonymous Says:

    I hope Mrs. Harvey encourages lawless america to come back to Chemung County to interview others who have been shafted by this county and the hospital.

  45. Dan Says:

    New beginnings and hope for us all. Thank you Bobby for shedding the light on the injustice of Mr. Harvey.

  46. Barb Says:

    CONGRADULATIONS and I pray this makes a difference. It takes people like Attorney Chris Johnson to put the wrong back into the right that never should have taken place in the first place. For this county to destroy family and people who sit by and watch and do nothing are worse than the ones doing the wrong.

  47. Diane Says:

    Bobby Schindler and Attorney Johnson stepping up to the plate to show our country how BAD guardianship has become should make a HIGE statement to our courts, congress, legislatures across our nation that we have a problem here. It starts with the courts and ends with the courts.

  48. Anonymous Says:

    The doctrine of Do No Harm has clearly been ignored by the County. Now, the judge can correct this, or continue to hide it. If the County judge does not correct the County's problem, the judge then becomes part of the problem.

  49. Sue Says:

    Ditto what IRA wrote!!! Go Sara, Bobby & Attorney Johnson!

  50. Boxerlady Says:

    Time to let go Chemung County.

  51. Luis Says:

    What the judge and the County have caused this couple is outrageous, and they should be punished for rights violations.

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