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Why did the family member want him to leave? Its a tricky situation since they aren't legally married,I think its wrong to do that still...
I've been in a very similar situation, being unmarried, (but my partner is of the opposite sex)..
You get into a power play when crap like this happens. Who gets to direct what takes place. I'm sure the family member said they wanted x, done, and the man in question said no, they want Y done, and it resulted in an argument resulting in the man being asked to leave.
That or they might be a complete homophobe.. Dont know.
Thats probably true but there indeed is a difference.
A medical power of attorney, only gives them permission to make medical decisions, a Health Care Directive includes both the Health Care Directive, and a Power of Attorney, providing full legal proection.
Not even beginning to claim the hospital was correct. I'm sure lawyers will have a field day, but once again, the same is true for unmarried straight partners. If they dont have all of the correct documents, then the hospital wouldnt verify they are valid, what would the point be of doing so?
But he had all of the documents. The hospital is not even denying that - in fact, an updated article states that they finally verified the documents and lifted the restraining order against this man.
Quote:
Originally Posted by pghquest
Correct, a Power of Attorney doesnt offer the full protection needed. A family member can ask an unmarried individual to leave regardless, unless of course the proper legal documents are in place, and of course in this instance, they are properly recognized by the hospital. You also need a medical directive.
So basically, my point still stands - The people who state repeatedly that homosexuals can receive the same protections as a married couple through legal documents are full of fecal excrement.
But he had all of the documents. The hospital is not even denying that - in fact, an updated article states that they finally verified the documents and lifted the restraining order against this man.
So basically, my point still stands - The people who state repeatedly that homosexuals can receive the same protections as a married couple through legal documents are full of fecal excrement.
But if he had the restraining order lifted and he's now able to make decisions on behalf of the partner, then wouldnt this equate to him having the same protection? I'm not justifying what the hospital did, but if the hospital did the same for married couples, (such as common law), then the same outcome would be the result, correct?
I have all of my legal paperwork, and was still denied access to my partner in the hospital. We were on vacation, and the nurse asked for a number to reach their next of kin. I showed them my documents, she said "no, the real next of kin".
I sat in the waiting room for hours after a car accident, not knowing what was happening, how badly she was injured, nothing.
If I were a spouse, I would have been able to just say so, and walk right in. No documents, no nothing.
But if he had the restraining order lifted and he's now able to make decisions on behalf of the partner, then wouldnt this equate to him having the same protection? I'm not justifying what the hospital did, but if the hospital did the same for married couples, (such as common law), then the same outcome would be the result, correct?
The fact that this situation even happened is the problem. The nurses/hospital should have verified the documents before having him arrested. The fact is that, time and time again, these legally binding documents are consistently ignored despite numerous claims that "all you need is a power of attorney/medical directive".
And no, hospitals don't ignore marriage certificates or claims of marriage like they do PoA/MD's for homosexuals.
The fact that this situation even happened is the problem. The nurses/hospital should have verified the documents before having him arrested. The fact is that, time and time again, these legally binding documents are consistently ignored despite numerous claims that "all you need is a power of attorney/medical directive".
And no, hospitals don't ignore marriage certificates or claims of marriage like they do PoA/MD's for homosexuals.
Agreed, the fact that it happened is a problem, but that issue remains regardless of sexual orientation of those involved.
But the fact that the documents were in the end recognized as valid, does indeed prove that documents protect individuals when problems like this arrises.
Sounds more like a "family" situation here that is preventing him from going to the hospital, power of attorney or not. The brother of the guy got a restraining order..that's what got him arrested.
This is a non story..the hospital did nothing wrong. The brother of the sick guy got a restraining order.
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