(Editor’s note: The following commentary was submitted by Sara Harvey of New York, who recently attended the Elder Abuse and Guardianship Abuse Listening Session in Washington, D.C. More than 35 citizens from 15 states traveled to Capitol Hill to share stories of loved ones being exploited and abused by the system. Mrs. Harvey is a strong advocate for her husband’s rights, working tirelessly to gain attention of her story by everyone from public officials to national news media. )
My response to Governor Cuomo’s recent campaign “Help Achieve Marriage Equality in NY”
It is a debate raging across the country and a hot issue on the current social and political agenda here in New York.
Gay or straight, does it matter?
The Harveys in happier times
In the Southern Tier Finger Lakes region of New York is a husband and a wife who, married now for 13 years, are not allowed to live together and not allowed to freely associate.
There is no divorce, there is no history of domestic violence, they were not poor or receiving government assistance — they were a happily married loving couple minding their own business, living their own lives, going to work every day, no trouble with the law, paying their taxes.
Then, suddenly, the husband was involved in a serious accident which left him neurologically and physically incapacitated. As would most individuals in such a situation, the wife was advised to seek legal guardianship of her husband. She hired an attorney, papers were filed in court and the wife expected she would be appointed guardian, uncontested, and soon her husband would be receiving “home-care” back in the loving environment of their marital residence.
Without going into great detail, suffice it to say things did not go as one would expect for this man’s wife. Suffice it to say that New York could apparently give a rat’s *** about this marriage and this contract the state has sanctioned. In fact, suffice it to say New York could care less that its agents and agencies barraged into this marriage and “administratively” essentially divorced this husband and wife.
Taking custody and guardianship of her husband, the State now allows the wife only six hours per week visitation with her husband, only under paid supervision of third persons who sit and take notes of the wife’s “nice camera” and the books she reads to her husband. Yet it gets even worse.
Two years ago the State agencies sought court permission to end this man’s life. That’s right, Adult Protective Services sought a court order to kill their ward – the very person they are charged with the duty to protect.
New York is seemingly perfectly content destroying marriages wherever and whenever they see fit. Public court records in this case clearly evidence an agent of the NY State Unified Court System who, in response to a NY Supreme Court Justice’s comment, “I think we would all like to see this man go home,” replied, “I wouldn’t frankly, your Honor.”
Nice guy, hey? And to think he is the attorney appointed by the State to represent the husband, and the first thing he does is trash the marriage.
Gay, or straight? It does not matter, no marriage is safe in New York State, just ask Sara Harvey – and read about Gary’s struggle at www.helpbringgaryhome.com
Read more from Big 3 News:
- Victims of the system: New gov’t report claims hundreds of guardianship abuse allegations nationwide
- Terri Schiavo’s family expected to attend critical NY court hearing in Gary Harvey guardianship case
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6 Responses to Gay or straight: It does not matter
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Why do Pastors get slapped with a hefty fine from the GOV. or even place Them in Jail for Speaking the Truth about homosexuals in there Church services. What Has America come to. Romans 1:25-32
Okay, first of all, I have never heard of a pastor of anything being arrested for speaking about homosexuality in a church. That is absurd. We call that Freedom of Religion, guaranteed by the First Amendment.
I uphold your right to express your beliefs and you are welcome to them. You have every right.
However, this article isn't about that. It's about a wife's rights torn from her by the very state that is claiming a "human rights victory". It's a shame you missed that message. Frankly, my heart goes out to her. I really wish there was something I could do.
Many blessings to you, Sara. Here's to hoping that justice will finally be served and you are reunited with your husband sooner, rather than later.
I would imagine she must go to court and try to get custody of her Husband, But probably unable to stand the cost, Isn't there a group that will provide the necessary
funds and legal advice and probably a Retired Atty. to get this straightened out. What gives the state the right to do a thing like this?
NOTHING gives the state the right to do to its citizens what has been done to the Harveys, and yet, you'll find the state doing just that and more accross the nation. The probate courts are nothing more than feeding troughs for attorneys and their guardian clients. The legislators put the responsibility for monitoring guardianships in the hands of the probate courts without giving them resources with which to do the job. They take the easy way out and go along with whatever the guardian and its attorney ask, thus creating a predatory subculture that puts all who expect to grow old at great risk.
For reasons that the probate courts will not divulge, separation of family and friends, isolation, paid body guards, drugging, stealing, court intimidation, refusal of due process and court access to any body but throse who have an incestuous relationship with the probate courts is the probate "system," across the U.S. a country that claims it is the world leader in humane treatment. I hope every man, woman and child wants to pay for all this "humane" treatment, with tax money, with human lives, with loss of every possession. And what of the American family? What it is and what it is not is not the most important problem anymore. Do American families have any rights, any power, and right to have family property, that is the real problem.
We will all support Sara until she gets justice for Gary. There are many many people behind Sara who know she is doing the right thing,. God in Heaven sees her love for her husband and good will triumph over evil.