LGBT

DonViejo

(60,536 posts) Fri Apr 12, 2013, 02:50 PM Apr 2013

What Actually Happened To That Same-Sex Couple In The Missouri Hospital

By Zack Ford on Apr 12, 2013 at 10:25 am

There has been a lot of speculation as to what actually transpired when Roger Gorley was arrested away from his husband Allen’s bedside in a Missouri hospital earlier this week. Despite the fact Roger and Allen have granted each other power of attorney for medical decisions, the Research Medical Center claimed that Roger was “disruptive and belligerent,” arguing that is why the police arrested him and removed him from the facility.

Now, Roger’s daughter Amanda has shared a detailed account of what transpired that paints a picture even more offensive than many may have imagined. The full account can be read here as well as some additional details she shared in an interview with blogger John Aravosis. Here is a breakdown of the family’s circumstances and what transpired in that hospital room according to Amanda:

The Couple’s Background

Allen suffers from severe depression and is currently undergoing electro-shock treatment (ECT) twice a month because his medications are no longer allowing him to function normally.

Allen has specifically excluded his family from having any say over his medical decisions because they have not been understanding of the impact of his depression.

MUCH more:
http://thinkprogress.org/lgbt/2013/04/12/1857741/what-actually-happened-to-that-same-sex-couple-in-the-missouri-hospital/

4 replies

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What Actually Happened To That Same-Sex Couple In The Missouri Hospital (Original Post) DonViejo Apr 2013 OP

And this is why the our President, among many others, must evolve further! Behind the Aegis Apr 2013 #1

+1 n/t FreeState Apr 2013 #2

Recommended. William769 Apr 2013 #3

They need to have a legal conditional emancipation with postmortem clause. Amimnoch Apr 2013 #4

Behind the Aegis

(53,962 posts)

1. And this is why the our President, among many others, must evolve further!

Reply to DonViejo (Original post)

Fri Apr 12, 2013, 02:58 PM

Apr 2013

It isn't enough to leave our RIGHT to marriage equality up to the states, and this is but ONE of many examples as to why that is bad policy!

FreeState

(10,572 posts)

2. +1 n/t

Reply to Behind the Aegis (Reply #1)

Fri Apr 12, 2013, 03:02 PM

Apr 2013

William769

(55,147 posts)

3. Recommended.

Reply to DonViejo (Original post)

Fri Apr 12, 2013, 03:07 PM

Apr 2013

That's all I can say right now without popping some blood vessels.

Amimnoch

(4,558 posts)

4. They need to have a legal conditional emancipation with postmortem clause.

Reply to DonViejo (Original post)

Fri Apr 12, 2013, 05:00 PM

Apr 2013

Back in '97 my partner and I drafted up all the regular legal documents to protect each other. Of course, after several news stories like this one we talked to an attorney, and had additional documentation drawn up. His recommendation was a declaration of conditional emancipation with the inclusion of a postmortem clause.

Last will and Testament just declares who keeps/gets what.
Power of attorney can adds signature authority for most things.
Medical power of attorney will allow (or should) visitation, and the right to make medical decisions.
Living will gives the right to make the decision for life support.

These are all important documents if you don't live in a location that recognizes your marriage, but as we see in this disgusting article, even when some of the documentation exists, people can still ignore them, and by the time you successfully fight it, it may well be too late.

Our lawyer recommended this additional document, and it gives leverage should family decide to interfere.

In their case, they may just want to seek full emancipation from the family causing the problems. This will dissolve 100% of the family's legal rights regarding the husband.

In our case, we made ours conditional, because for the most part each of our families support us. However, we have this "nuclear option" should either of us ever be hospitalized, and family decides to have a change of heart. Either of us can activate and effect the full emancipation of the other at any time, and the postmortem clause allows us to do it even after one of us has died, and family decided they don't want to respect our wishes regarding our funerals and burial.

The family can still fight it, but what they lose, once they lose will be EVERYTHING concerning their family member, as they will no longer be related.

It sucks that documentation like this is needed, but here we see yet another case where it would help.

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