Comments on: Read this

By: Coxhere

Coxhere — Sun, 24 Feb 2013 00:39:26 +0000

The Shiavo mess was in Florida. Here’s a link to a discussion of this spouse vs. parents’ rights in the case of Terri Shiavo, who’d been (brain) dead from 1998 to 2005: http://en.wikipedia.org/wiki/Terri_Schiavo_case. Terri’s spouse should have had the right to disconnect life support for his spouse, but her parents decided that they had the ultimate say with regards to Mrs. Shiavo. And, as we all know, the entire country and the federal government of the U. S. got involved before the poor woman was finally allowed to die in dignity and in peace.

By: Stephen

Stephen — Fri, 22 Feb 2013 13:37:27 +0000

The living will, health care proxy, P of A, etc are essential for everyone. And in NY the forms were changed a couple of years back so it might be a good idea to refresh yours if you live here and haven’t already done that. I have all our forms in a folder which goes with us whenever we travel.

By: MattNYC

MattNYC — Fri, 22 Feb 2013 04:15:08 +0000

We’re going through this process now. Even for a heterosexual couple–with full, universal marriage rights–a Living Will, Health Care Proxy, and Durable POA are a “holy trinity” of documents that every person should have. It varies by state, but you really need these.

By: TampaZeke

TampaZeke — Fri, 22 Feb 2013 01:38:00 +0000

Florida doesn’t automatically designate power of attorney or health care agent with marriage. I just found that out last week. I was shocked.

As for the brief: HEAR, HEAR!

By: Priya Lynn

Priya Lynn — Fri, 22 Feb 2013 01:28:43 +0000

I’ll have to check into it jpeckjr. The last thing I want is my family making any decisions for me.

By: jpeckjr

jpeckjr — Fri, 22 Feb 2013 01:26:33 +0000

@BeninOakland and Priya Lynn State marriage laws generally cover those matters, so it automatically comes with marriage equality.

I learned not long ago, though, that the marriage laws in my state do not automatically name the spouse as the health care agent / power of attorney / decision-maker in case of incapacitation. It is clear the spouse is next of kin for inheritance, but not for health care decisions.

My personal attorney advised me to name a health care agent who is not my spouse. This also covers decision making if both spouses are incapacitated at the same time, such as in an accident. A hospital will generally rely on a spouse or adult child, but only a designated health care agent has clear legal authority.

By: Priya Lynn

Priya Lynn — Thu, 21 Feb 2013 21:14:17 +0000

Ben said “I would like to see the idea that marriage allows the legal formation of family and next of kinship emphasized.”.

I agree. Marriage is a way for me to say my relationship with my husband is my primary relationship and he comes before any blood relatives of mine and if I should become incompacitated he makes decisions on my behalf and no one else.

By: Victor

Victor — Thu, 21 Feb 2013 20:30:02 +0000

The full document is worth reading. It is refreshing to see such an articulate description of discrimination and how it is impossible to square with a just society.

By: Ben In Oakland

Ben In Oakland — Thu, 21 Feb 2013 20:28:49 +0000

One thing, and it may just be me.

I would like to see the idea that marriage allows the legal formation of family and next of kinship emphasized.

By: jpeckjr

jpeckjr — Thu, 21 Feb 2013 20:00:33 +0000

AFER posted the whole brief, which I will read.

This introduction was quite . . . well, I can’t find the word . . . except “thank you” Mr. Olson and Mr. Boies. I’m so glad you’re on our side.