Tuesday, December 16, 2008

Common Law Marriage Unrecognized

Joe John Sorce never thought it would end this way. In a hospital room with his longtime companion, Mary Clark, as she took her last breaths. He, holding her hand, unable to do anything about it.

The 63-year-old Sorce in recent weeks had fought to keep the woman he calls "my wife of 18 years" on life support at the hospital.

Before she died, a battle would wage over who would decide when Clark would be removed from life support and who would decide, Sorce or Clark's estranged children.

What ensued exemplifies the uneasy reality of end-of-life concerns: the legal, medical, ethical and moral issues that burst into the national consciousness during court battles.

Nevada doesn't honor what Sorce said was a common law marriage, doctors and nurses told Sorce he could play no role in medical decisions on her behalf. Instead, medical authorities twice consulted with the woman's estranged daughter on whether to take her off life support.

Marina Kolias was hired by Sorce in an attempt to get him named as Clark's guardian.

Judge Norheim granted a "temporary special limited guardianship" to Sorce following a hearing, allowing him access to Clark's medical providers. But he refused to give Sorce the authority to make any medical decisions on Clark's behalf.

Sorce said he received word in the late afternoon of Nov. 19 that hospital officials had again received permission from Clark's daughter to withdraw life support.

Clark died early on Nov. 20.

Full Article and Source:
Helpless as companion dies - State law allows estranged daughter to decide woman's fate

4 comments:

  1. Being at the end of life is bad enough without having to go through this stress. It's ridiculous and so very sad.

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  2. Not enough effort is put forth into our unknown future situations.

    It is a struggle to get people to execute their wills - many folks are living in denial.

    Wills have their place in time, but the majority of people do not have the proper, appropriate legal documents that lay out their wishes to be used when one's situation changes or when it is critical as in this case, with a very sad ending.

    This situation could have been prevented, there could have been a different ending but most folks live their lives on luck and when luck runs out others who happen to be the "legal" heirs / next of kin, right or wrong, end up making decisions that might not be in the best interest of the person.

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  3. The Terri Schiavo case should have taught Americans about the need for advance directives (health proxies, etc.)

    I believe most hospitals have the health proxy forms available, upon request.

    Some forms are probably available on state government websites as well - health departments, possibly.

    Every city EMS agency can help with DNR protocols,as well. in case of emergency.

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  4. What I should have said, and add here: Even though the common-law marriage was not recognized, a health proxy, if in place, would have been.

    ReplyDelete