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On Loving, Dying and Legal Concerns
Part II of a H-Part Series
In Part I of this series, the stories of two
couples were presented. Both John Doe and
Jane Smith suffered the deatyh of a partner.
John and his lover Dave had little time to
prepare for Dave's death. Dave had no will,
no Living Will and John did not have Power
of Attorney for Davde. As a result, John was
totally dependent on Dave's relatives for
medical updates, he was not included in
funeral arrangements, was not asked to speak
at the memorial service, and had no legal
fgrounds to stand on when relatives came to
his aprtment and took all of "Dave's
belongings."
Jane's story is quite different. Lynn, her
partner, suffered a lengthy illness. During
htis time the couple made sure Jane would be
considered a key figure ina ll decisions
concerning Lynn's care.
In Part II, we pick up Jane and Lynn's
story and talk with two Atlanta attorneys
about the power and necessity of legal tools
in lesbian and gay relationships.
At a point, Lynn became very dependent
on help and on medication for pain. Steps
were then taken regarding Power of Attorney
and a Living Will. Legal authority, through
Power of Attorney, was given to Jane by
Lynn.
At the time of death, funeral and other
arrangements were carried out cooperatively
by Jane and her partner's relatives. Lynn's will
provided instructions which were followed
explicitly by all involved.
In many ways, this story of pain and
premature death provides a model of
cooperation and good-will. Both Jane and
Lynn presented themselves with authority to
all who took part in the final stage of their life
together. Physicians, relatives and friends
responded with appropriate respect and
cooperatioa
Given the attitudes of all involved with
Jane and Lynn, how did the Living Will,
Power of Attorney and Lynn's final will make
a difference?
"Lynn's will stated ha desires clearly," she
said, "and this made plans and decisions
simpler and easier." Power of Attorney was
also useful: "I kept it with me at all times. It
gave me confidence and strength to know that
I could use it if I needed to.”
For legal opinion, Atlanta attorneys Jeri
Kagel and Greg Schroeder were interviewed
by Southern Voice. How, they were asked,
can gay and lesbian partners create legal
authority for their relationship - particularly
regarding serious illness and eventual death?
Both Kagel and Schroeder stressed the
value of completing a will. "A will enables
you to decide, while living, what will happen
with your assets after death," Kagel said." In
particular, you can choose who you want to
remember, and how."
Schroeder emphasized the need to finalize
wills before the advent of serious problems.
"Don't wait," he cautioned, "until you are in
an ICU to take care of wills and other legal
maters. This can raise questions about your
competence due to illness or medication."
Both attorneys said that there has been no
litigation regarding Living Wills, which are
now covered by Georgia statute. In a Living
Will, one can direct medical personnel
regarding procedures to be followed under
certain conditions of severe incapacity.
Power of Attorney was described as a legal
tool with which one person authorized another
to act in his or her stead: to conduct business,
to handle money, to gain information, to make
decisions. This legal authority can be given to
one or more persons regarding a variety of
specific areas in one's life.
If John had received appropriate Power of
Attorney from Dave, he would have been
legally entitled to obtain medical information
during his partner's illness. This, and other
benefits, make Power of Attorney worth
careful consideration.
"Such consideration can raise questions
regarding level of trust between partners,"
Kagel commented. "It gives great power and
authority to another person, or persons, over
various aspects of your life," she said. "It is
very important to look carefully at what is
involved This includes who you choose and
why you are choosing them, as well as the
extent and duration of power given."
Both attorneys recommended mention of
all significant relatives in the will. "If an heir-
at-law is totally omitted," Schroeder said, "it
may offer him or her grounds to contest the
document."
There are clearly legal avenues available to
gay and lesbian partners. Without these tools,
one is largely dependent upon the good-will of
the partner's children, parents and other
relatives concerning serious illness or death of
a loved one. Much can be done to legally
empower one's partner and to ensure that one's
wishes are carried out in the event of
incapacity or death. "There is always the
possibility of challenges and changes to the
will after death," Kagel stated "There is no
doubt, however, that your position is much
stronger with these documents in place."
-Dianne Dickson
The names Jane Smith and John Doe, and
the names of their partners, are fictitious.
Southern Voice makes no claims to legal
expertise or authority in publishing this
article. In all legal matters - consult an
attorney.
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ACT UP Hosts
AIDS Teach In
The AIDS Coalition to Unleash
Power/Atlanta (ACT UP/Atl) hosted a teach-in
Saturday, December 3rd, at the Highland
Library looking at the variety of treatments
available for AIDS.
Dr. Melanie Thompson stated "I favor
testing on an individual basis", saying that
preventive measures such as aerosol
pentamadine to avoid pneumonia can then be
started as soon as possible. She also conceded
"The medical community is all over the map
with AZT" and advocated that only those
people whose T-cell count falls below 200 and
who show symptoms of AIDS and ARC
should take AZT. Which she called "the only
true antiviral agent licensed by the federal
government." AZT also lowers white and red
blood cell counts and suppresses bone marrow,
therefore people who test positive for the
AIDS virus but who have no symptoms could
worsen their condition by taking AZT.
Dr. Thompson also addressed the theory
that syphyllis causes AIDS, replying "I
personally have some problems with that.
Patients I've treated with large doses of
pencillin haven't gotten better in my own
practice." ACT UP member Linda Meredith,
who has a Master of Science degree in
immunology, concluded the medical portion
with a slide show on the immune system and
viral replication.
Homeopath Dr. James Berryhill, who has a
Ph.D. in psychology, explained that
homeopathy stimulates the body's inherent
protecting and reconstructing mechanisms.
"The body recognizes antibiotics for what they
are - poison" declared Dr. Berryhill. While not
ruling out taking antibiotics, Berryhill urged
swallowing large doses of Vitamin C as well
and acidopholus, a "friendly bacteria", to
counteract the loss of nutrients from
antibiotics. Chiropractor Dr. Larry Reuter
encouraged chiropractic care, saying "You're
an electric system that carries a voltage
through it, you want a full voltage going
through your system." Disdaining the power
of AIDS as if "it got you", Reuter said many
people with this "bug" are more alive, have
more interests, celebrate life more and are even
healthier than before their diagnosis. "We
have less time, so we better get our asses in
gear," he said. Summing up Reuter grinned
"Love yourself, just because you say so."
-Dave Hayward
In Memory of Rev.
Dr. John H. Hose
The Reverend Doctor John H. Hose
("Papa John") bom June 11,1914, died
Friday, November 25,1988.
Son of Henry Fred and Augusta Edna
(Zerbe). Survived by Ruth Maxine Schmidt,
Fred Hose, Emily Hose Robertson, Martha
Hane Hose Welti, and Mary Maxine Hose
Strange. He resided with his loving
companion Dale Delgado and friend Gloria
Gonzales. Other survivors include members
and friends of the Universal Fellowship of
Metropolitan Community Churches.
As part of his on-going contributions, Dr.
Hose donated his body for research studies
to the Emory School of Medicine. While
living with cancer, he planned his tribute-
memorial service for Sunday, December 11,
1988, at 2:30 PM at First Metropolitan
Community Church of Atlanta, 800 N.
Highland Avenue, N.E. with the Re verend
Elder Troy Perry, founder of the Universal
Fellowship of Metropolitan Community
Churches officiating.
In lieu of flowers, Dr. Hose requested
donations be made in his honor to First
Metropolitan Community Church of Atlanta
for continuing ministries of the UFMCC.