http://www.rawstory.com/rs/2013/04/11/missouri-man-arrested-at-hospital-for-refusing-to-leave-gay-partner/

Gay man legally barred from visiting his partner in the hospital.

They apparently had legal papers that gave his partner the right to make medical decisions too; the hospital simply didn't care.

Xyandro Wrote:
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> They apparently had legal papers that gave his
> partner the right to make medical decisions too;
> the hospital simply didn't care.


Same thing happened to Janice Langbehn in Florida. http://www.lambdalegal.org/in-court/cases/langbehn-v-jackson-memorial. That's the case I cite every time some homophobic moron says "They can just get paperwork that takes care of that."

WTF is wrong with people? So stupid

call the hospital at (816) 276-4000
ask for Liz Tremain Ethics Compliance Officer
or
Media Relations
Denise Charpentier (816) 276-9293

let's rain calls upon these people.

you can inquire about the following...

"In a 2010 memorandum, President Barack Obama ordered hospitals that receive Medicare or Medicaid funding to allow visitation rights for gay and lesbian partners."

you can ask why the hospital is not in compliance with this order.

also,

you can inquire why they didn't recognize the partner's medical power of attorney.

Even the law sided against the couple.

I have a gay friend who when her partner went into the hospital for emergency surgery, my friend went right in with her.

All she told the keepers at the gate was that they were sisters.

There's ways around almost anything.

Another thing. When I had surgery on my arm, my wife's boss,a podiatrist, called the hospital inquiring about my status. Just because he told them he was Dr. So-n-so, they gave him all the details.

Try that next time a friend is in the hospital, see if they let Dr. Steve Benson have all the personal information.

So you are saying that gays should lie about who they are?

axeldc Wrote:
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> http://www.rawstory.com/rs/2013/04/11/missouri-man
> -arrested-at-hospital-for-refusing-to-leave-gay-pa
> rtner/
>
> Gay man legally barred from visiting his partner
> in the hospital.

And yet, a person with a Scientology-issued marriage certificate
might have stayed, without arrest, even if the hospitalized
spouse had never given out the right of a power of attorney,
was unconscious, and did not want any bedside visitors.

Or, am I wrong about that?

UD

It would not had made a difference.

This seems appalling unless there is more to the story about being disruptive. They didn't go to any details about that part. If I were disruptive to my husband's recovery I would probably be asked to leave.

Suckafoo Wrote:
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> This seems appalling unless there is more to the
> story about being disruptive. They didn't go to
> any details about that part. If I were disruptive
> to my husband's recovery I would probably be asked
> to leave.

I agree, appalling unless we are missing something.

I have seen spouses barred from the hospital after being disruptive or combative and have often seen the ill patient thankful for the reprieve. In fact, I don't remember a single example of a patient being upset that their spouse or family member was barred from visiting and asking that they be allowed back in to visit. This story ignores the fact that we often don't know the backstory in relationships. It would be a much more powerful story if the patient also indicated that this was a bad situation that was handled improperly . . . then we actually have a story. For all we know (and most likely based on my experience) the patient may currently be thanking the unit supervisor for taking care of the situation for him.

LGBT people deal with this kind of discrimination ALL THE TIME! especially in shit-holes like missouri. read the daughter's account and you will see that this would have NEVER happened with a straight couple.

What you missed was the family of origin was able to come in, claim kinship, override the power of attorney and other legal remedies put into place and have the boyfriend denied access.

Though there have always been a few gay men trying to get gay marriage, pre-AIDS the prevailing tone, as I saw it, was to not marry, not emulate our oppressors, and have as much sex with as many men as possible.

Stories like the one in your link happened regularly, even in Los Angeles, to gay men during the start of the AIDS epidemic.

It did not take long for the tone to change regarding marriage.

Whether they choose to marry or not, people should be able to sit by and console their loved ones at bedside. Even if that couple never chose to marry (if they could) it isn't right if there is no compassion when people are suffering loss.

Loved ones called from the patient's family of origin were able to claim the right to act of behalf of the patient and had the partner removed. The direct family of birth kinship was able to override the civil partnership and power of attorney the couple had drawn up that SHOULD have proved that they should be together.

Apparently they did everything they legally could to insure they were treated as "loved ones" and it was not good enough.

That is why marriage is important.

We have been best friends for more than half-a-century. We have seen each other through the angst and drama of junior high, high school, college, careers, marriage, children, divorces, and the ravages of oncoming old age.

She is in far worse health than I, and her son, bless his heart, always calls me if her health takes a turn for the worse. If that happens, and I catch the first plane out there (about a thousand miles) should I just lie and say we are sisters? We aren't a gay couple. We don't have siblings, but no sisters could be closer.

I'm afraid I might deck somebody if I made that long trip and some wet-behind-the-ears nurse tells me I can't sit by my dearest friend because we are not related.

This is another reason why marriage matters.

http://www.youtube.com/watch?v=pR9gyloyOjM

I am no 'expert' (just a night law student), but this is a matter of contract law.

Once again, I re-iterate the government has (or maybe I should say the government should not) have the right to involve themselves into the agreements/contracts that consenting adults engage in; provided there is no force or fraud being perpetrated by either party. If a couple of people agree to a course of events, then who is to say that it is wrong. A contract, in its simplest is a meeting of the minds. I agree to perform "X" if you agree to do "X." Who is harmed (if anyone) as long as the parties engaging in the contract are happy.

I realize that opens up a can of worms, but that is the nature of contracts. If I hang out in a bar, meet someone who wants payment for a sexual act and I pay and that person performs that act, who is harmed? We engage in 'contracts' on a daily basis. If you purchase a can of beans from your local grocery store, in the classic sense, you are engaging in a contract; an exchange of money for a good or service. (I am going to spare you the litany of case law as this is not a bar exam).



Is this a 'private' hospital or publicly funded? The article states the hospital is a 'research' facility, so I probably answered my question myself (public funding of some type). Little consolation, but this sounds like a contract issue which could be litigated. Government agencies, or anyone for that matter, does not like being sued. Unfortunately, litigation costs $$$$$$$. I am sure this is money the man can ill afford. If this were a federal matter; civil prep for trial could cost $25,000 or more.

My other question is what was the form of the POA? Who was notified of the POA? What is the proper form for a POA in the state it is executed? I did a cursory search for Kansas law and POA's, and I could not tell if it should be notarized with the 'declaration' page attached, as it is in CA law. The article mentions a 'nurse.' All due respect for R.Ns out there, a 'nurse' is not qualified to make any determination of the validity of a POA; however, a hospitals legal/business office can and must provide some sort of ruling.

I have a friend who works as admission coordinator for a skilled nursing facility in CA. Once served with a POA, that form goes directly to the facility legal officer (an attorney on site). Once the attorney makes a determination the POA is legal, the terms are executed immediately. That facility does not like being sued, it is bad press and bad for business.

Does this type of procedure happen all the time? Probably not. Should it? Yes. Then again the world is not perfect. That is why we have a court system; not mob rule by any side of an issue.

I know, I am talking about POA's and contracts and ultimately it will or should be up to a court to determine the validity of a contract or agreement. I notice a couple of people that responded above, when I mentioned the same course of events (contracts/trusts/POAs) called me 'homophobic.' Well, go ahead. I have given you another chance to call me a 'homophobe.' I merely parrot a classic pragmatic libertarian stand. The LP and its 'think tank' wrote amicus briefs on Prop 8 (the CA definition of marriage act) and the DOMA law, both positions they think are 'bad' law as it restricts adults in the ability to engage in contracts. I do not have any problems with anyone getting married as in the overall sense, it does not conflict with public policy; provided I am not forced to pay for your choices through a confiscatory tax policy.

The hospital, public or private, has no right to override the power of attorney.

They chose to do so at the request of the family of origin (the birth family of the patent).

The government has every right and the duty that the power of attorney and other contracts were honored.

Correct me if I'm wrong, but the patient - an adult - has not entered into any contractual agreement of any kind with any member of his family of origin.

Good old hatred and bigotry again raises its ugly head.

Don't you just love it when the uninformed offer opinion?

Timothy

The daughter's point of view: http://americablog.com/2013/04/interview-daughter-gay-man-handcuffed-husbands-hospital-bed.html