[quote]forlife wrote:
Ed and Roland had power of attorney, but despite this the hospital refused Ed the right to visit his partner in the hospital until after Roland’s father arrived to grant permission. This kind of blatant discrimination does happen, which is why legal protections need to be in place for both gay and straight couples.[/quote]
First, I don’t really care about their names, and second, your description demonstrates a clear lack of clarity on your part, Ed and Roland’s part, and/or the hospital’s part.
Saying ‘Ed and Roland had power of attorney’ is like me asking you for a password and you saying ‘open sesame’, sure it’s a password, but it sure as hell ain’t the password. Supposing Ed suffered the heart attack, Roland would have to have either General or Health Care Power of Attorney. Just because they may have granted each other specific power of attorney to pay the mortgage, doesn’t get them into the emergency room together.
This is where I wonder about Ed and Roland’s understanding or the hospital’s. Whomever’s father doesn’t validate/invalidate a power of attorney and the POA isn’t an all access pass. The hospital could, quite easily and validly deny access to the person that arrived first and, as is usually the case, as time went on, the victim gets better and the ease and validity of excluding people from visitation lessens. It’s a medical professional’s judgment call and without a hard quote from the ER/OR doctor/nurse along the lines of ‘he can shove his POA, let the queer wait for his father to get here.’ they’ve hardly got evidence. Unless, the hospital was granting medical decision capacity to the father, which clearly contradicted or otherwise disobeyed the POA.
There don’t need to be legal protections in place for gay or straight couples. As the last sentence of the previous paragraph indicates, they’re already there, that’s what specific, general, and healthcare power of attorney are for. You show the medical professional caring for the ‘victim’ a Health Care POA, the onus is on them to honor it and suffer the legal repercussions of ignoring it.
Gambit asked if I was calling you a scientist, I didn’t bring it up again.
He also asked my education/training/occupation. Despite the fact that the majority of Californians marginally disapprove of it and somehow ‘raging homophobes’ keep ending up in charge of excluding homosexuals from their ‘spouses’ in hospitals. He (maybe) and others seem to be under the impression that everyone who marginally disapproves of homosexuality are poor, uneducated, Christian, etc.
Lastly, if you’d quit arguing like a complete neophyte and discussing topics with the eloquence and insight of Jar Jar Binks (But theyz is having powers of attorney!), I wouldn’t have to doubt your educational status.