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Clay Greene and his partner of more than 20 years, Harold Scull, lived together in Sebastopol, California in the idyllic wine country of Sonoma Valley. Clay and Harold made diligent efforts to protect their legal rights, and had their legal paperwork in place--wills, powers of attorney, and medical directives, all naming each other. Harold was 88 years old and in frail medical condition, but still living at home with Clay, 77, who was in good health for his age. One evening in April 2008, Harold fell down the front steps of their home. Clay called an ambulance, and Harold was taken to the hospital. Based on their medical directives alone, Clay should have been consulted in Harold's care. Tragically, Sonoma County and health care workers instead refused to allow Clay to see Harold in the hospital. There, then, the men's nightmare began. While Harold was hospitalized, Sonoma County Deputy Public Guardians went to the men's home, took photographs, and commented on the desirability and quality of the furnishings, artwork, and collectibles that the men had collected over their lifetimes. Ignoring Clay entirely, the County petitioned the Court for conservatorship of Harold's estate. Outrageously referring to Clay only as a "roommate" in court filings, and failing to disclose their true relationship of close to 25 years, the County continued to treat Harold as if he had no family. Sonoma County sought immediate temporary authority to revoke Clay's powers of attorney, to act without further notice, and to liquidate an investment account to pay for Harold's care. Then, despite being granted only limited powers, the County hastily arranged for the sale of the men's personal property, cleaned out their home, terminated their lease, confiscated their truck, and eventually disposed of all of the men's worldly possessions, including family heirlooms, at a fraction of their value and without any proper inventory or determination of whose property was being sold. Harold had worked at MGM Studios in the '50s and '60s and had an extensive collection of movie memorabilia. Clay was an artist and businessman with an extensive collection of paintings, and owned a collection of one-of-a-kind Mexican religious art. The men's two cats were taken from their home, have never been found, and are feared dead. Adding further insult to grave injury, the county removed Clay from their home and confined him to a nursing home against his will--a different placement from his partner. Clay was kept from seeing Harold during this time, and his telephone calls to Harold were limited. Three months after Harold fell, he died, without being able to see Clay again. "Because of the county's actions, Clay missed the final months he should have had with his partner of 20 years," said Clay's attorney Anne Dennis. "Compounding this horrific 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. 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 is now suing Sonoma County with the assistance of a court-appointed attorney and the San Francisco-based National Center for Lesbian Rights. The case goes to trial on July 16, 2010 in Sonoma County Superior Court.
One evening in April 2008, Harold fell down the front steps of their home. Clay called an ambulance, and Harold was taken to the hospital.
Based on their medical directives alone, Clay should have been consulted in Harold's care. Tragically, Sonoma County and health care workers instead refused to allow Clay to see Harold in the hospital.
There, then, the men's nightmare began.
While Harold was hospitalized, Sonoma County Deputy Public Guardians went to the men's home, took photographs, and commented on the desirability and quality of the furnishings, artwork, and collectibles that the men had collected over their lifetimes.
Ignoring Clay entirely, the County petitioned the Court for conservatorship of Harold's estate. Outrageously referring to Clay only as a "roommate" in court filings, and failing to disclose their true relationship of close to 25 years, the County continued to treat Harold as if he had no family. Sonoma County sought immediate temporary authority to revoke Clay's powers of attorney, to act without further notice, and to liquidate an investment account to pay for Harold's care. Then, despite being granted only limited powers, the County hastily arranged for the sale of the men's personal property, cleaned out their home, terminated their lease, confiscated their truck, and eventually disposed of all of the men's worldly possessions, including family heirlooms, at a fraction of their value and without any proper inventory or determination of whose property was being sold.
Harold had worked at MGM Studios in the '50s and '60s and had an extensive collection of movie memorabilia. Clay was an artist and businessman with an extensive collection of paintings, and owned a collection of one-of-a-kind Mexican religious art. The men's two cats were taken from their home, have never been found, and are feared dead.
Adding further insult to grave injury, the county removed Clay from their home and confined him to a nursing home against his will--a different placement from his partner. Clay was kept from seeing Harold during this time, and his telephone calls to Harold were limited. Three months after Harold fell, he died, without being able to see Clay again.
"Because of the county's actions, Clay missed the final months he should have had with his partner of 20 years," said Clay's attorney Anne Dennis. "Compounding this horrific 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. 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 is now suing Sonoma County with the assistance of a court-appointed attorney and the San Francisco-based National Center for Lesbian Rights. The case goes to trial on July 16, 2010 in Sonoma County Superior Court.
NCLR Elder Law Project Greene v. Sonoma County Presidential Memorandum on Hospital Visitation
When I read articles like this one, it makes me think that, sometimes, the first call one makes is not to 911, but to the attorney who drew one's legal documents to alert them to the situation. I can assure you that, if one of the lawyers in my department - estates and trusts - had gotten a call from a client with the news that the hospital was not honoring their advance directive or power of attorney, that lawyer would have been on that hospital's legal department so fast their heads would be spinning.
I am truly just horrified at what was done to these men; it's heart-breaking. Parent
ADD: From the complaint: On or about August, 2008, Defendants MICHAEL BREWSTER and KAREN STAGG-HOURIGAN, as employees of the COUNTY acting in their official capacities... did disparage and demean Plaintiff GREENE in his presence and in the presence of others, making and/or ratifying derogatory references to Plaintiff GREENE's sexual orientation and age, stating "you know how those `gay boys' are," and rolling their eyes and smirking. On or about the same time, Defendant BREWSTER as an employee of the COUNTY acting in his official capacity as Deputy Public Guardian stated verbally in the presence of Plaintiff and others that Plaintiff GREENE's and [Harold Scull]'s landlord "didn't want queers in his house." After Decedent's death, Defendants BREWSTER and STAGG-HOURIGAN further expressed displeasure at dealing with expressions of grief by a gay man who had lost his long-time partner. ...On or about June or July 2008 Defendants... did forcibly remove Plaintiffs' cats "Sassy" and "Tiger" from Plaintiff and Decedent's residence...taking possession of the animals without GREENE's consent and over his objections and entreaties. And to prove Chainsaw's theory: On or about June and July 2008, Defendants...and their agents, did Plaintiff GREENE's and Decedent SCULL's residence for the purpose of taking possession of and identifying the personal property. Plaintiff is informed and believes that said employees made comments regarding the quality and desirability of [their] property, saying "this would look nice in my living room" and "my wife will love this."
On or about August, 2008, Defendants MICHAEL BREWSTER and KAREN STAGG-HOURIGAN, as employees of the COUNTY acting in their official capacities... did disparage and demean Plaintiff GREENE in his presence and in the presence of others, making and/or ratifying derogatory references to Plaintiff GREENE's sexual orientation and age, stating "you know how those `gay boys' are," and rolling their eyes and smirking. On or about the same time, Defendant BREWSTER as an employee of the COUNTY acting in his official capacity as Deputy Public Guardian stated verbally in the presence of Plaintiff and others that Plaintiff GREENE's and [Harold Scull]'s landlord "didn't want queers in his house." After Decedent's death, Defendants BREWSTER and STAGG-HOURIGAN further expressed displeasure at dealing with expressions of grief by a gay man who had lost his long-time partner.
...On or about June or July 2008 Defendants... did forcibly remove Plaintiffs' cats "Sassy" and "Tiger" from Plaintiff and Decedent's residence...taking possession of the animals without GREENE's consent and over his objections and entreaties.
And to prove Chainsaw's theory:
On or about June and July 2008, Defendants...and their agents, did Plaintiff GREENE's and Decedent SCULL's residence for the purpose of taking possession of and identifying the personal property. Plaintiff is informed and believes that said employees made comments regarding the quality and desirability of [their] property, saying "this would look nice in my living room" and "my wife will love this."
Can't help it - it makes me laugh! Parent
Maybe they are better now but I will never buy another one. Parent
I'm laughing remembering the day I screamed at the Roomba. I think I threw it on the floor a couple of times too.
I really should get some help. Parent
Then I moved to a new location and it kept setting off my motion-detector burglar alarm.
Oh well. Parent
How far we've come, eh?
We can only hope.
(Sorry, I can't link from my iPod)
Evidently, the White has just reached out and touched Taling Points Memo. Here is their blindingly uncritical account of what the White House just told them, Obama Won't Make Cautious Court Pick Because GOP Will Oppose Whoever He Nominates (italics added below):
"It doesn't matter who he chooses, there is going to be a big 'ol fight over it"... the administration official told me.."that realization is liberating for the president" to choose whomever he pleases...he'll still attempt to reach out to ranking Judiciary Committee member Sen. Jeff Sessions (R-AL) and others for their input... Tom Fitton of the conservative Judicial Watch group told me in an interview that all of the names on Obama's so-called short list so far...seem to be reliable liberal votes. Fitton's theory is that progressive groups bemoaning the potential shift in the court makeup are doing so in a "strategic" fashion. "Most progressives will be perfectly happy with who he nominates," Fitton said.
Tom Fitton of the conservative Judicial Watch group told me in an interview that all of the names on Obama's so-called short list so far...seem to be reliable liberal votes. Fitton's theory is that progressive groups bemoaning the potential shift in the court makeup are doing so in a "strategic" fashion. "Most progressives will be perfectly happy with who he nominates," Fitton said.
Don't we feel a whole lot better now that the White House and a conservative spokesperson and TPM has assured us we'll be happy with Obama's SCOTUS nominee. Parent
Note, it was the Fitton who assured us: "Most progressives will be perfectly happy with who Obama nominates".
Greenwald has already made a convincing argument that Obama precluded the most progressive prospects, like Koh, before 'negotiations' even began - much as he precluded single payer from health care.
In fact, this little sit down with TPM is a head fake - an extension of the White House's push back against Greenwald's ongoing argument that Obama fully intends to choose somebody (like Kagan) who is well to the right of outgoing Justice Stevens. Parent
Karlan would be pretty good at pushback too....
Could you imagine a debate between Karlan and Scalia?
Koh and Karlan remind me of the old liberals on the Court.
Kagan seems like Breyer.... Parent
DALLAS -- A Texas state appeals court is scheduled to hear arguments Wednesday in the case of a gay couple in Dallas that was granted a divorce even though the state doesn't recognize same-sex marriage.
Texas Attorney General Greg Abbott is appealing the lower court judge's ruling on the grounds that protecting the "traditional definition of marriage" means doing the same for divorce.
Chairman of the Senate Budget Committee Kent Conrad (D-ND) evidently won his battle and is hoping to begin budget markup on Wednesday or Thursday. But there are no plans to include reconciliation instructions -- which means every bill in the Senate for the next year will require 60 votes to pass. Democratic leaders and the White House haven't asked Senate Budget Committee Chairman Kent Conrad (D-N.D.) to include reconciliation instructions in his budget resolution draft, Conrad told reporters Monday.link
Democratic leaders and the White House haven't asked Senate Budget Committee Chairman Kent Conrad (D-N.D.) to include reconciliation instructions in his budget resolution draft, Conrad told reporters Monday.link
Also an interesting article from cnn on cape wind. I support the project, but it is astonishingly large.
"The 130 turbines, spaced a third- to a half-mile apart, would cover about 25 of the 500 square miles of Nantucket Sound. They would stand more than 40 stories tall, bigger than the Statue of Liberty and well over 10 times taller than nearly every other structure around the Cape."
The farms could provide up to 75% of all electricity for the cape and the islands.
Hope you're flying into Laguardia...Kennedy is all farked up with the volcano business...pictures in the paper make it look like a refugee camp at JFK. Parent
And he was in the insurance pool there, which I gathered was where you got stuck if you'd had so many accidents and/or tickets that insurance companies wanted no part of you. A few times when I visitied, he got me up at five in the morning to go on his rounds. Ten times during those days I was sure I was going to die in that truck, he was such a horrendously bad and dangerous driver. Double parked in Chinatown once (is that even possible?) and left me in the passenger seat to go negotiate a quick deal with one of his customers. Within minutes, I had thirty angry Chinese folks cursing at me in Mandarin and Cantonese and every other regional dialect.
But I babble. Peace. Parent
I probably drive over the same potholes as old Uncle Lou did...the Van Wyck is a wreck like most of our roads...but the Belt Pkwy still takes the cake...like driving on the moon with more gravity...you're lucky if you exit with all your hubcaps.
My cousin drives for Fed-Ex, his route is in old Chinatown...double-parking is always possible (this is NY!). He can probably curse with the best of them in Mandarin at this point. You should see it now, Chinatown has expanded, Little Italy is down to like 2 square blocks now. And you can go for many a block in Flushing Queens without seeing a word of English on the signage. Parent
And, also in LAT, a yacht goes aground off Catalina Island. $3 mil. of marijuana on board. Parent
Speaking of robbery, nice asset forfeiture score for the state...even a grounded yacht has gotta have some value, plus the reefer they'll sell outta the evidence locker. Parent
Have a good Tuesday, y'all. I have neurosis to attend to. And a terrier-mix going stir crazy (link). :-]
All I can say is good luck following your mind, heart, and gut Dadler...you're in heavy territory my man. With you involved, I like the chances of it all working out. Parent
Thats all I can stands, cause I can't stands no more.
The incident began about 4:30 a.m. when a California Highway Patrol officer contacted Steven Ferrini, 60, in a "No Parking" zone on Highway 89 near Luther Pass, according to a CHP report. The officer arrested the man after allegedly finding what was believed to be methamphetamine. During a subsequent search, officers found "a suspicious wire, with an on/off switch" in the man's front left pocket leading to his anal cavity, according to the report.
The officer arrested the man after allegedly finding what was believed to be methamphetamine. During a subsequent search, officers found "a suspicious wire, with an on/off switch" in the man's front left pocket leading to his anal cavity, according to the report.
PS Might this be better than Bott dots for staying awake while driving? Parent