Schiavo’s brother seeks guardianship in local case

ELMIRA — The brother of Terri Schiavo, whose right-to-die battle played out in the public spotlight in the early 2000s, has asked New York’s Supreme Court to name him the guardian of a Chemung County man who has been in a persistent vegetative state for nearly seven years.

Bobby Schindler is petitioning the court to name him the legal guardian of Gary Harvey, who was living in Horseheads in 2006 when he fell down his basement steps and suffered a traumatic brain injury. Since the accident, Harvey has been in a persistent vegetative state.

Harvey’s wife, Sara Harvey, has been involved in a prolonged legal battle with the county regarding the care of her husband, who did not have a living will at the time of his accident.

In 2007, Sara Harvey was removed as her husband’s guardian when a judge ruled she was ill-suited to care for him and did not follow the advice of medical professionals. The county was named Gary Harvey’s guardian.

In 2009, Chemung County planned to remove Gary Harvey’s feeding tube on the advice of doctors, but the move was blocked. A do-not-resuscitate order remains in place.

Later in 2009, Schindler joined Sara Harvey’s cause, saying she had the right to regain guardianship of her husband and take him home to care for him there.

After filing his guardianship request, Schindler said: “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.”
A court date is set for Jan. 30.

Schindler is the executive director of the Terri Schiavo Life & Hope Network, an organization that works to protect the rights of the medically vulnerable.

Like Gary Harvey, Schiavo did not have a living will when she fell into a persistent vegetative state in 1990. Her guardian, husband Michael Schiavo, eventually decided to have her feeding tube removed, but Terri Schiavo’s parents and brother strongly opposed.

After years of bitter legal battles, Terri Schiavo’s feeding tube was removed. She died March 31, 2005, in Florida.

Full Article & Source:
Schiavo’s brother seeks guardianship in local case

Sites Sharing Press Release: Deacon John’s Space
See Also:
Case continues involving guardianship of brain-injured man
Schindler’s list: Terri’s brother now saving others
Terri Schiavo’s Brother, Bobby Schindler, Petitions Court to Intervene in Guardianship Case
Bobby Schindler Files Petition Requesting to be Gary Harvey’s Guardian
The Dictators of Non-Compassion: Gary Harvey Case and the Unexpected Twist

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20 Responses to “Schiavo’s brother seeks guardianship in local case”

  1. Sara Harvey Says:

    Not listeneing to medical advise was one of the reasons that the corning leader reported. Wanting an independant second medical opinion for my husband that is truly independant from the county control, and this is a bad thing the court decided. Looks to me like the government wants control of every aspect of my husband's life including his wife.

  2. Diane Says:

    Praying the county will resign, afterall County Attorney Bryan Maggs claims they never wanted to be Mr. Harvey's guardian, lets see if they meant that!

  3. Anonymous Says:

    Decemebr 2009 “ Chemung County Attorney Bryan Maggs said, "The Schindler's presence makes this something that's not in Mr. Harvey's best interest. We've got the responsibility to take care of Mr. Harvey and act as a parent acts to a child. I don't see how this benefits Mr. Harvey." I guess Mr. Maggs forgot they tried to kill their child.

  4. Karen Says:

    Go Bobby Schindler!

  5. KJ Says:

    Public records shows that Kevin Moshier was opposed to the killing of Mr. Harvey.

  6. Norma Says:

    God Bless Bobbby Schindler!

  7. Kay Says:

    Hooray for Gary Harvey. With Bobby Schindler as his guardian, he will have every opportunity for rehab and treatment which as been denied to him by his current guardian. I couldn't be happier for him!

  8. Anonymous Says:

    Studying guardianship and conservatorship cases shows a sick twisted pattern of operation in order to have absolute power and control destroying family unit. Shame on those who enable those who profit and yes there is profit for every guardianship case including job security for future funding for the public guardian from the state budget. Professional guardians profit although some outfits claim non-profit status – don't fall down laughing on that ~~ no profit? What a crock of BS the IRS needs to go looking into this non-profit scheme and beware of banks they are in the business of the protection industry with their customers walking in their doors beware and be aware headhunters everywhere looking for their next $ sign.

  9. Jane Says:

    The county has repeatedly said they don't want guardianship so now here's their chance to prove it and for them to resign. Easy as that!

  10. Anonymous Says:

    Wonder what medical doctors determined the fate for Mr. Harvey to kill him there was nothing in the file what doctor's wanted to kill him other than his court appointed protector's Rita Gould & co. The county and hospital acted illegally in attempting to remove his feeding tube in the absence of clear and convincing evidence that he would refuse medical treatment. They should resign. Give Mr. Harvey to someone who cares.

  11. Anonymous Says:

    Did Mrs. Harvey try reaching out to her Legislator's, or Senator's?

  12. Mary Says:

    I have prayed for divine intervention for Gary Harvey and the Lord has answered.

  13. Courtney Says:

    This case is a perfect example of third party guardians who view their wards as file folders instead of people.Bobby Schindler will see to it that Gary Harvey is taken care of and his needs met. And he will do it with care.

  14. Linda Says:

    Mr. Harvey'd Attorney can be the hero in of this by joining forces with Bobby Schindler and Attorney johnson. He knows they all did Mr. Harvey and his wife wrong. If he helped save Mr. Harvey once whrn the county tried to kill him, then he can do it again.

  15. Jim Says:

    Just how much control,power does the county have over Attorney Kevin Moshier? Are all guardianships as thick as thieves?

  16. Betty Says:

    The stars are lining up for Gary Harvey at last!

  17. Steve Says:

    You mean the guardian hasn't resinged yet? What are they waiting for?

  18. Mike Says:

    I think it's a simple question and answer: who would be the best guardian for Gary Harvey?The answer is Bobby Schindler.The current guardian can go on and on and on about the wonderful job they've done and we all know that's not true. But that's not really the question here. The question is who would be the best guardian for Gary Harvey. And that answer is clearly Bobby Schindler who knows more about TBI patients and how to treat them than the current guardian. We've seen what the County can do for Gary Harvey, which is warehouse him. Now, it's time for Gary Harvey to have a real chance. It's time for Bobby Schindler.

  19. jerri Says:

    bye bye chemung county geez it's about time good grief can't they feel the heat increasing for good reasons on their necks and don't let the door hit them in the *** on their way out let's get this over with already sara is gary's wife and bobby schindler is heaven sent he is on the side of right vs wrong

  20. Thelma Says:

    I'm sure that when Sara was removed as guardian, she didn't have a prayer, with lawyers – all engaged in a major conflict of interest arising from their involvement with the same law firm (including the judge) – all on one side.How were her due process rights protected? What was the evidence against her? Was there a full-blown hearing?

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