Sonoma County CA Separates Elderly Gay Couple & Sells All Their Possessions

[Miss Scarlett]

If anyone believes the war for our equality is anywhere close to being over, this should prove otherwise. From Seattlepi.com:

Sonoma County CA separates elderly gay couple and sells all their possessions

Posted by Joe Mirabella at April 18, 2010 12:24 p.m.

There is nothing more personal than how we wish to spend our final years. After decades with our loved ones there should be no dispute that we should get to spend our final moments together. Unfortunately Sonoma County, CA treated Harold and Clay as if they were strangers.

Harold was 88 and Clay was 77 when their 20 year relationship was assaulted by Sonoma County. Harold's time here was coming to an end. He was ill and life was further complicated when he took a tumble down the stairs of their home. Harold was taken to the hospital.

Like most same sex couples who are committed to taking care of each other in sickness and in health, Harold and Clay set up legal documents prior to their personal crisis that were supposed to tell authorities to honor their relationship. Clay should have been able to visit Harold in the hospital and make decisions about his care. Instead, the county and health care professionals refused to let Clay even visit Harold in the hospital.

Tragic as that was, the county was not done with this family. More brutality than any government should inflict on a family -- they separated Clay and Harold by placing them in different nursing homes. Remember, Clay was in good health. He was involuntarily committed.

Kate Kendell, the National Director for the National Center for Lesbian Rights, a national legal organization committed to advancing the legal and human rights of lesbian, gay, bisexual, and transgender people wrote for the Bilerico Project:

Ignoring Clay's significant role in Harold's life, the county continued to treat Harold like he had no family and went to court seeking the power to make financial decisions on his behalf. Outrageously, the county represented to the judge that Clay was merely Harold's "roommate." The court denied their efforts, but did grant the county limited access to one of Harold's bank accounts to pay for his care.

What happened next is even more chilling.

Without authority, without determining the value of Clay and Harold's possessions accumulated over the course of their 20 years together or making any effort to determine which items belonged to whom, the county took everything Harold and Clay owned and auctioned off all of their belongings. Adding further insult to grave injury, the county removed Clay from his home and confined him to a nursing home against his will. The county workers then terminated Clay and Harold's lease and surrendered the home they had shared for many years to the landlord.

Three months after he was hospitalized, Harold died in the nursing home. Because of the county's actions, Clay missed the final months he should have had with his partner of 20 years. Compounding this tragedy, Clay has literally nothing left of the home he had shared with Harold or the life he was living up until the day that Harold fell, because he has been unable to recover any of his property. The only memento Clay has is a photo album that Harold painstakingly put together for Clay during the last three months of his life.

Clay was eventually released from the nursing home following a lawsuit. A further lawsuit is pending against Sonoma County, the auction company, and the nursing home. A trial date is set for July 16, 2010.

As important as this lawsuit is, there is nothing any government, court, or lawyer can do return the dignity and respect Harold and Clay were deprived. No authority will be able to return the last few months of Harold's life, or the chance for Clay and Harold to embrace each other one last time.

We need full legal recognition for same sex couples -- in name and law -- in every state in this country. We need it now.

For more information about this case visit NCLR's Elder Law Project.

http://blog.seattlepi.nwsource.com/s...ves/202464.asp

[Apocalipstic]

So none of the paperwork we have will work I guess. Wills, powers of attourney, hippa forms, all for nothing.

This is so very sad and telling.

If California acts like this, then those of us in way more conservative states are screwed for sure.

[christie]

And yet, we are supposed to be all happy that the current administration is making a rule that we can visit one another in the hospital.

While that is important,it feels, to me, like its really just "throwing us a bone" so that the bigger issue of equality isn't dealt with...

[Julien]

This is such an outrageous situation. Reading it made me sad for the couple and angry at the Sonoma County people who ruined two lives. Everything Sonoma County did was way out of line. Where is the compassion?

[Soon]

I can't stop thinking about this story...been sad all morning.

I keep thinking it's unreal...how could this happen?

ugh. so pissed about it.
heartbreaking.

[Rufusboi]

Originally Posted by apocalipstic

So none of the paperwork we have will work I guess. Wills, powers of attourney, hippa forms, all for nothing.

This is so very sad and telling.

If California acts like this, then those of us in way more conservative states are screwed for sure.

Very Very scary. Melissa is a Brit citizen and we often joke about moving there later in life - national health and civil partnerships. Maybe we shouldn't joke. Maybe this is actually a viable alternative for us. We have all those docs too but what's the point if the county can come in and take over and take everything.

[suebee]

My partner's response when I read this to her was "I wonder if Clay will get a call from President Obama?"

[Andrew, Jr.]

Humans acting like donkeys.

[Deborah]

Originally Posted by Andrew, Jr.

Humans acting like donkeys.

What an insult to donkeys...

[Miss Scarlett]

Originally Posted by apocalipstic

So none of the paperwork we have will work I guess. Wills, powers of attourney, hippa forms, all for nothing.

This is so very sad and telling.

If California acts like this, then those of us in way more conservative states are screwed for sure.

Don't believe that your paperwork is worthless. For every case like this there are hundreds/thousands of couples nationwide who have no problems at all.

I am not surprised to see this happen in California. After all, look what happened with Prop 8.

I don't know what is going on out there...complacency by the LGBTQ Community? Apathy? Laziness? Whatever it is, the LGBTQ Community in the US needs to set aside their differences, band together and stand up like they did back in the 70s.

This attitude isn't only in California. We have it here in NC too. But the fact that it seems to be surfacing out west is scary. I cannot speak for any other area but here in NC it seems that the younger LGBTQ generation is ignorant of their history and takes what few rights we have for the moment for granted.

We must educate the generations following us.

[SuperFemme]

Originally Posted by Miss Scarlett

Don't believe that your paperwork is worthless. For every case like this there are hundreds/thousands of couples nationwide who have no problems at all.

I am not surprised to see this happen in California. After all, look what happened with Prop 8.

I don't know what is going on out there...complacency by the LGBTQ Community? Apathy? Laziness? Whatever it is, the LGBTQ Community in the US needs to set aside their differences, band together and stand up like they did back in the 70s.

This attitude isn't only in California. We have it here in NC too. But the fact that it seems to be surfacing out west is scary. I cannot speak for any other area but here in NC it seems that the younger LGBTQ generation is ignorant of their history and takes what few rights we have for the moment for granted.

We must educate the generations following us.

This is exactly the kind of thing I am frightened of, and I have more paper work than the SCOTUS would need. Legally Married? Check. Living Trust? Check. Advanced Directive? Check. Durable Power of Attorney? Check.

Do NOT let this story keep you from making informed decisions or completing the correct legal paperwork. Let it be a lesson. Give copies of your wishes to your loudest, most vocal loved ones.

The people that will cut a bitch for you if you can't do it yourself.

But do NOT shrug your shoulders and decide WTF why should I bother?

[Strappie]

This story.. actually made me cry. How shameful. I sent this off to my family.

I told them I hope that this will not happen to me or anyone else.

This has to end!

[Miss Scarlett]

Originally Posted by SuperFemme

This is exactly the kind of thing I am frightened of, and I have more paper work than the SCOTUS would need. Legally Married? Check. Living Trust? Check. Advanced Directive? Check. Durable Power of Attorney? Check.

Do NOT let this story keep you from making informed decisions or completing the correct legal paperwork. Let it be a lesson. Give copies of your wishes to your loudest, most vocal loved ones.

The people that will cut a bitch for you if you can't do it yourself.

But do NOT shrug your shoulders and decide WTF why should I bother?

Originally Posted by Strappie

This story.. actually made me cry. How shameful. I sent this off to my family.

I told them I hope that this will not happen to me or anyone else.

This has to end!

By all means make certain that you let as many people as possible know your wishes. And know the wishes of your loved ones.

This is not just an LGBTQ issue. What happened to this couple can happen to straight couples too. Click on the link - the story has an audio clip from Barbara Coombs Lee that is worth listening too.

From NPR:

Obama Pushes Hospitals To Honor Patients' Choices

By Scott Hensley
April 16, 2010

By ordering hospitals that take Medicare or Medicaid money to allow patients to be visited and helped by whomever they want, President Obama was taking a shot at those that have resisted the wishes often recorded in advance directives.

The presidential memo specifically notes the challenges for gay and lesbian people whose partners have sometimes been unable to act as legal surrogates.

Many hospitals already have broadened the categories of people permitted to visit or aid a hospitalized person. And some states, including North Carolina, have patient bills of rights that give the hospitalized person the power to say who's OK to visit.

But there's also been some backsliding on advance directives, too. Barbara Coombs Lee, president of Compassion & Choices, a patient advocacy group, talked with NPR's Julie Rovner about problems in some states, such as Idaho, where conscience provisions allow health workers who disagree with a patients' treatment choices to ignore them. (Emphasis mine)

Similarly, late last year the U.S. Conference of Catholic Bishops made the use of feeding tubes for patients nearing the end of their lives more likely, even when people had specified beforehand that they didn't want them.
(Emphasis mine again)

Dr. Jason Schneider, former president of the Gay and Lesbian Medical Association, told NPR's Ari Shapiro that unless a hospital has a formal policy allowing same-sex visitations, gay couples can run into trouble. Same goes when it comes to who can be a surrogate decision maker for an incapacitated person.

The president's order will take time to implement in federal regulations. But advocates hailed the decision. Some say the New York Times' reporting on the case of a same-sex couple in Florida helped push things along. Despite having power of attorney, a woman was unable to see her partner before she died of an aneurysm in 2007.

Similarly, late last year the U.S. Conference of Catholic Bishops made the use of feeding tubes for patients nearing the end of their lives more likely, even when people had specified beforehand that they didn't want them.

Dr. Jason Schneider, former president of the Gay and Lesbian Medical Association, told NPR's Ari Shapiro that unless a hospital has a formal policy allowing same-sex visitations, gay couples can run into trouble. Same goes when it comes to who can be a surrogate decision maker for an incapacitated person.

The president's order will take time to implement in federal regulations. But advocates hailed the decision. Some say the New York Times' reporting on the case of a same-sex couple in Florida helped push things along. Despite having power of attorney, a woman was unable to see her partner before she died of an aneurysm in 2007.
http://www.npr.org/blogs/health/2010..._ordering.html

[Jess]

Originally Posted by SuperFemme

This is exactly the kind of thing I am frightened of, and I have more paper work than the SCOTUS would need. Legally Married? Check. Living Trust? Check. Advanced Directive? Check. Durable Power of Attorney? Check.

Do NOT let this story keep you from making informed decisions or completing the correct legal paperwork. Let it be a lesson. Give copies of your wishes to your loudest, most vocal loved ones.

The people that will cut a bitch for you if you can't do it yourself.

But do NOT shrug your shoulders and decide WTF why should I bother?

Lord, I pity the fool who ever tries to keep the girl out of my room. I also pity the poor bail bondsman she calls later! Busy busy, I tell ya!

[patrick_sdmn]

The "main stream" press is reporting on it now. The local paper here in Sonoma County (Press Democrat) is working on a story, and here's a piece from the NY Times: http://bayarea.blogs.nytimes.com/201...-forced-apart/

Kate Kendell updated her blog at the Bilerico Project: http://www.nclrights.org/site/DocSer...pdf?docID=7461

[Jet]

Motherfuckers. And this is 2010?

Thanks for the post.

[SuperFemme]

Settlement reached in case of gay couple kept apart during man’s last days

By Zachary Green
July 23rd, 2010

A California man whose claims of elder abuse and discrimination have galvanized gay rights advocates across the country agreed to settle his lawsuit against Sonoma County Thursday.

In April 2008 Clay Greene, 77, was separated from Harold Scull, 88, his partner of more than 20 years, after county officials deemed that injuries Scull suffered were the result of domestic violence. The county district attorney later discredited that claim, but county employees kept the two men in separate facilities. Scull died three months later. The county then auctioned off all of the couple’s belongings to pay for Scull’s hospital fees.
Greene sued the county for an undisclosed amount with the assistance of the National Center for Lesbian Rights in San Francisco.
As part of the settlement reached Thursday, Sonoma County agreed to pay $300,000 for Greene’s legal fees, $275,000 to Greene himself, and $25,000 to the estate of Harold Scull for any property that may have been auctioned off under value.

The county also said that, as a result of the circumstances surrounding the case, it had altered some of its policies for property disposition and case management in such cases. Specifically,it will now appraise all of a conservatee’s assets before selling or auctioning them off. Scull and Greene’s assets were auctioned off without being appraised.

“These kind of civil violations need to be carefully watched,” Greene’s lawyer, Anne Dennis, said Friday. “Hopefully, the changes made will have positive effects on all seniors in the county, not just gay or lesbian seniors.”

The settlement came a few days before the trial was set to begin, on Tuesday, July 27. The county said the settlement was an effort to avoid the legal fees of a trial, which might have exceeded $1 million. In return, Greene’s legal team dropped all charges of discrimination against Sonoma County.

“From the beginning … we’ve been trying to figure out – ‘How can we resolve this?’ But the other side wasn’t realistic,” said Greg Spaulding, a lawyer for Sonoma County. He said the county was pleased with the resolution and noted that the settlement in no way validated the claim that the case workers discriminated against the men’s sexual orientation.
Greene is also happy with the result, according to Dennis. He now lives in the same residential facility where his partner spent his last days.
“He feels good, he’s put on a little weight … He’s going to have a nice life,” Dennis said.

Dennis maintains that the details in the complaint — specifically the county workers’ discrimination against Greene — are true. But rather than put Greene through a lengthy trial and a possibly lengthier appeals process, she said she preferred to make sure that he received, “a nice quiet retirement.”

“[Clay] is almost 80 years old,” she said. “I want him to be able to enjoy his life.”

http://www.pbs.org/wnet/need-to-know/culture/settlement-reached-in-case-of-gay-couple-kept-apart-during-mans-last-days/2464/?utm_source=Facebook&utm_medium=fanpage&utm_campai gn=pbs

[Miss Scarlett]

Thanks for that post SuperFemme. I still think the individuals who are responsible for this heinous act should lose all of their possessions in the same manner. You know, auction off their stuff to raise all or part of the settlement money.

Here's the article that is running in our local LGBT paper here - hey it takes a while for news to trickle over here to the East Coast...

GAY ELDER GETS $650K FOR FORCED SEPARATION FROM PARTNER
SAN FRANCISCO, Calif. — Clay Greene and the estate of Harold Scull, Greene’s deceased partner of 20 years, reached a $650,000 settlement July 22 resolving their lawsuit against the County of Sonoma and other defendants for the damages the couple suffered due to municipal employees’ discriminatory and unlawful conduct.

Greene and Scull lived together for 20 years and had executed both mutual powers of attorney for medical and financial decisions and wills naming each other as beneficiaries. In April 2008, County employees in the Public Guardians Office separated the couple after Scull fell outside their shared home. In the next three months, County officials ignored the couple’s legal documentation, unlawfully auctioned their possessions, terminated their lease and forced Greene into an assisted living facility against his will.

The County did not consult Greene in Scull’s medical care and prevented the two from seeing one another. In August 2008, before the partners could be reunited, Scull passed away after completing a photo album of the couple’s life for Greene.

In August 2009, Greene and the representative of Scull’s estate, the couple’s longtime friend Jannette Biggerstaff, filed a lawsuit alleging elder abuse, elder financial abuse, breach of fiduciary duty, intentional and negligent infliction of emotional distress, false imprisonment and other claims.

Biggerstaff stated, “There is no possible justification for what happened to my friends Harold and Clay, and I still feel outraged and heartbroken that they suffered such a terrible tragedy, which was made worse by the County spreading such terrible lies about Clay. But I am pleased that their rights have been vindicated, and I’m hopeful that their story will help to prevent this from happening to other vulnerable people.”

“What Clay and Harold lost can never be replaced, but this settlement brings a measure of justice to their story,” said Amy Todd-Gher, Senior Staff Attorney for the National Center for Lesbian Rights and one of Greene’s representatives. “This victory sends an unmistakable message that all elders must be treated with respect and dignity, regardless of their sexual orientation, and that those who mistreat elders must be held accountable.”

In addition to agreeing to pay to settle the lawsuit, the County has changed or modified a number of important policies in its Public Guardian’s Office, including requiring County employees to follow protocols before seizing private property, preventing County employees from relocating elders or others against their will and prohibiting County employees from backdating information in their guardianship database. (Emphasis mine -Very interesting...)

“This settlement will allow Mr. Greene to finally have the quiet retirement he deserves,” said Anne N. Dennis, another of Greene’s attorneys. “Although nothing can undo the harm to these gentlemen, we believe the changes made because of the lawsuit will improve services to elders and other individuals who need the assistance of the Sonoma County Public Guardian’s Office.”

http://goqnotes.com/7795/gay-elder-g...-from-partner/