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(New York City) New York State Gov. George
Pataki has signed into law legislation that provides domestic partners, both
same-sex and opposite-sex, the ability to make decisions about the funerals of
partners.
Terry Checksfield of Phoenix, NY, who lost her partner of 28 years Barbara
Blake to cancer in 2004 and then had Blake’s body taken from her by Blake’s
estranged family, expressed relief.
“I am so thankful our government has
finally done something about this. After I lost Barbara, I wasn’t allowed to
go to the funeral and still can’t visit her grave. No one should ever have to
go through what I went through. Now no one will.”
The new law will allow New Yorkers to designate a
person to carry out their wishes for the disposition of their body after they
die. Additionally, it extends domestic partners the same priority status in
decision making as surviving married spouses.
“For too long in New York, same-sex partners who live together and care for
each other have been legal strangers when one of them dies,” said Alan Van
Capelle, Executive Director of the Empire State Pride Agenda, New York’s
statewide LGBT civil rights
organization.
The 'death care proxy' is a simple, free, proxy
form authorizing the appointment of an agent and has space for special
directions. It must be signed in front of two witnesses. In instances where no
one has been designated, a priority list of persons, including domestic
partners, are established in statute to determine who has the right to control
the disposition of an individual's remains.
“Over
the years, many people have come to GMHC having severe difficulty with end of
life planning issues. Until this law, no legal mechanism existed to ensure
their wishes are followed. This will have tremendous impact for our
community,” said Ana Oliveira, Executive Director of Gay Men’s
Health Crisis.
The legislation received bipartisan support in
the legislature last year. (story)
Meanwhile, the issue of legalizing same-sex
marriage in New York is before the courts.
©365Gay.com 2006
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