mason@pneuma.DEC (ANDREA--223-4864--PK03-2/31) (09/12/85)
If you were in an accident, would your lover/significant other be allowed to care for you? It's an awful thing to think about, but a reality in our society. For those of us who are not "legally married," our s'others can effectively be prevented from making decisions about our care, treatment, financial matters, and may even be barred from visiting us in the hospital. Many of us probably thought that if we had legal papers drawn up, called "power of attorney," that these problems wouldn't happen. Well, here's the truth folks: REGARDLESS of how you try to protect yourself and your s'other, you may still have to fight for your rights, and you may loose. A case in point is the story of Karen Thompson and her lover Sharon Kowalski who are in need of your help right now. I am summerizing the following information from the Gay Community News and Sojourner: Sharon was in a car accident which left her brain damaged and quadriplegic almost 2 years ago. Karen and Sharon were long time lovers, had bought a house together, and each had power of attoney for the other. Sharon's father refused to believe that his daughter is a lesbian, and challenged the power of attorney in court. He won, and prevented Karen from even visiting her lover. Eventually the father moved Sharon half-way across the state (of Minnesota) and placed her in a nursing home which does not have any rehabilitation facilities for young people (this was a specific violation of the court decision to give control of Sharon to her father). Recently Karen has been granted access once again, but Sharon's father is fighting it in court. Thus far they have been to court 3 times, and more legal battles will, no doubt, follow. The lesson which we can learn from this is that we are still regarded as second class citizens. We do not have the law on our side even if we have all the right legal papers, in short: the rules can bend or be broken when it comes to dealing with gay people. It is certainly important to know your legal rights, and I encourage people to learn more about them, and at least try to prevent things like this from happening to them and s'others by drawing up wills and powers of attorney. If Sharon and Karen hadn't at least done that, Karen would have absolutely no chance of even getting into court. A good book, written by two gay lawyers (sorry, don't remember their names) is called _Legal Contracts for Gay and Lesbian Couples_. It's about $12.95 in paperback, and has lots of good information and samples of contracts for most situations. The other point I wanted to make is that these women need our help. My s'other and I have contributed to a fund (tax deductible, by the way) which was set up to help Karen pay her legal expenses. If you want to contribute, please send whatever you can to: Minnesota Gay and Lesbian Legal Assistance, or Minnesota Society for Personal Liberites c/o Suzanne Born, 3436 Holmes Ave., Minneapolis, MN 55408. Please pass this information on to other people who might not have access to the net. You can also send letters and cards of support to Sharon at the nursing home: Sharon Kowalski, Leisure Hills Nursing Home, 1500 East Third Ave., Hibbing, MN 55746. ****andrea mason**** UUCP: decwrl!dec-rhea!dec-pneuma!mason ARPA: mason%pneuma.DEC@decwrl.ARPA
jcp@osiris.UUCP (Jody Patilla) (09/14/85)
> > It is certainly important to know your legal rights, and I encourage people > to learn more about them, and at least try to prevent things like this from > happening to them and s'others by drawing up wills and powers of attorney. > If Sharon and Karen hadn't at least done that, Karen would have absolutely > no chance of even getting into court. A good book, written by two gay > lawyers (sorry, don't remember their names) is called _Legal Contracts for > Gay and Lesbian Couples_. It's about $12.95 in paperback, and has lots of > good information and samples of contracts for most situations. > Please, if you live with or share property with another person, especially of the same sex, MAKE A WILL ! If anything happens to you or your partner, the parents can and often do put you right out into the cold, taking away even the things that are yours, including your pets. Be sure that BOTH your names go on the leases and such, and be sure that there is clear legal documentation of your intentions to bequeath shared property, etc. Nothing is more tragic than to see a person already harrowed by the loss of a lover, to have everything they shared in life taken away by vindictive family members who may not even have spoken to their child in years. -- jcpatilla "At night, the ice weasels come."