Hospital visitiation rights

Date: 12/7/15 02:55 (UTC)
Like hospital visitation rights.

Yep. Before the recent Supreme Court decision, state policies on the suggested remedies offered in a comment below, (http://talk-politics.livejournal.com/1991197.html?thread=149802013#t149802013) varied state-to-state and locality-to-locality within the same state. There have been gay couples granted power of attorney, and have been summarily ignored by hospital staff, and it's not something unusual. And lawyer fees, court filing costs as a work-around aren't cheap either. And I think it's pretty clear from your comments, and the context here-- we're clearly talking about same sex couples.


The “other ways,” [i.e. referring to some legal protection other than "marriage"] as I understand it, are legal papers: health care proxies, power of attorney, and so forth. But in practice, lesbian and gay couples have found again and again that legal papers aren’t reliable when they’re needed most.

Wills, power of attorney papers and cohabitation agreements can create some protections of marriage. For $1,500 to $3,500 in legal bills, gay couples can guarantee they have the right to visit each other in the hospital, that property is split equitably if they break up and that the surviving partner inherits when the other dies.

Attorneys say such legal documents, which can be challenged in court, provide only the bare bones of the security that comes with marriage.

“Lawyers can only fashion remedies in haphazard ways,” said Dean Trantalis, a Fort Lauderdale city commissioner and gay rights activist who draws up such documents as part of his law practice. “The law uses marriage as a guideline to provide rights and impose responsibilities. There is an undue burden on same-sex couples.” …

For example, Sharon Reed and JoAnn Ritchie, partners for 17 years, had mutual power of attorney when JoAnn went to the hospital; they even had the paperwork with them. That didn’t keep a nurse who disapproved of lesbian relationships from refusing Sharon access to JoAnn’s room and bedside. JoAnn’s final conscious hours were spent without Sharon; by the time Sharon was allowed back into the room, the next day, JoAnn couldn’t be revived. JoAnn died not long after.


Why A Power Of Attorney Is No Substitute For Marriage When A Loved One Is In The Hospital (http://amptoons.com/blog/2011/05/24/why-a-power-of-attorny-is-no-substitute-for-marriage-when-a-loved-one-is-in-the-hospital/)


Scott Walker's administration tried overturn some laws in Wisconsin. in order to stop same sex couples visitation rights in hospitals. (http://freethoughtblogs.com/dispatches/2015/02/19/walker-wants-to-stop-gay-partner-hospital-visitations/) Walker was defeated at every level of appeals in the state, and the Supreme Court decision in June made the case largely moot now.



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