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?
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.
Full Article and Source:
Gay or Straight, it Doesn't Matter
See Also:
Gary Harvey - Government Intrusion
Years ago a law professor (also a 40 year career US Attorney)explained to our class that Government only has two authorities under which it may act; one being the powers of the State as parens patriae, the other being the State's police powers. With this in mind I once read that an unavoidable constitutional crisis arises when, under the auspices of parens patriae, the State invokes its police powers. This is precisely what has happened in the case of Gary Harvey.
ReplyDeleteGary's wife filed a petition for guardianship of her physically incapacitated husband seeking the purely benevolent authority of the State as parens patriae to grant her authority to act on behalf of her physically incpacitated husband. Gary wife was not appointed guardian but instead the County was appointed guardian as if to be "the guardian of last resort" -- this is a principle of parens patriae. Yet once appointed guardian the County immediately "administratively designated" Gary's guardianship to the County's Adult Protective Services unit --- which is an entity of the State's police powers. From this point forward, the abuse, neglect and exploitation of Gary Harvey began, and continues to date.
Point being, Gay or Straight, a marriage does assure a couple that thier legal status as married people will survive Government intrusion where political agendas and local corruption seeks to profit from an unexpected medical catastrophy as is the case of Gary Harvey and his wife.
In sum, Gary Harvey and his wife have been "administratively divorced" by the State of NY --- never mind this loving couple never contemplated divorce and had no reason whatsoever to even consider divorce. I wonder if NY law recognizes the tort of "alienation of affections", anyone know??
Effectively, the system has divorced this couple. Kinda takes the committment out of "to death do us part", doesn't it?
ReplyDeleteIn NY law "marraige" is a statutorily recognized "contract" ... So essentially NY does not recognize its own contracts and law. On one hand the state issues a certificate of marriage registration" and on the other hand says phoooooy just like an "Indian-giver"
ReplyDeleteGo figure hey ---- apparently they, meaning the state, must of hand their fingers crossed behind their back ..... and to think the gay commmunity thinks they won .... ha ha joke is on them
Sara Harvey has the tenacity of a lion. Don't ever give up,Sara!
ReplyDeleteFor 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.
ReplyDeleteSara has the right to take care of her husband ........... the corruption is overwhelming - why does the state and federal government condone it.
ReplyDeleteAbout two years ago, I met Sara Harvey after reading that she needed a "guard" to watch HER, while she visited her incapaciated husband. This seemed odd but, I HAD heard of such a thing in CORRUPT GUARDIANSHIPS so, I traveled two hours to Chemung County to assist on a volunteer basis & see just what was going on. Upon my arrival I was told by the opposing parties that I was not suitable. Their denial appeared to based on the fact that I too am a member of NASGA and an advocate for the vulnerable. I'm sure they knew I must have integrity because after all, I was ALSO a NGA Certified Guardian yet they denied me. I suppose they were hoping for someone more inclined to be a puppet on their team.
ReplyDeleteSince that time Sara Harvey and I have become dear friends communiucating. I have followed her battle closely and I am of the strong opinion that she is the ONLY one fighting to protect her husband, in fact the court record shows that Chemung County attempted to end his life.
IF I were a gambler, I'd bet Chemung County had NO IDEA the tenacity of this woman. She is much deserving of her nick name "Choooooo Choooooo Choooo!"
The Harvey case is a good example of guardianship gone wild. Rather than everything being about Gary Harvey, the court has made it all about the legal battle. Gary Harvey and what he wants and needs is all but forgotten.
ReplyDeleteSara Harvey has my admiration and support. Where would her husband be without her?
ReplyDeleteProbably dead.
Bless you, Sara. I will pray for your continued strength.
This case has gone out of control due to the arrogance of power of these people.
ReplyDeleteConflicts of interest were ignored, and the presiding judge's bias and contempt for Sara is clear.
Something must be done to stop these people in their cold and callous efforts to interfere with peoples' rights..
Alrighty --- GOOD NEWS FOR GARY HARVEY today
ReplyDeleteBack in May Gary, by "next-friend" filed a petition for writs of prohibition, mandamus and certiarori ..... the judge and appointed counsel filed motions to dismiss. The appointed guardian did not utter one peep .....
Yesterday the NY Appellate Division of the State Supreme Court DENIED the motions to dismiss filed by the judge and appointed counsel, and ordered the "Respondents" to submit their answers to the demand for relief by August 1, 2011.
Today ---- Gary Harvey is one step closer to being freed from his guardian and the arrogance of those who have confined him for the past 5 years ....
That's great news indeed!
ReplyDeleteI have been praying for some divine intervention in this case!
ReplyDeleteThank you for the good news Tim.
ReplyDeleteApplause and standing ovation to Holly and Tim, all the good caring people on her team, her supporters, advocates, NASGA members and friends.
Sara is a role model; an inspriation to us all - it's as simple as: right vs wrong.
Sara never gave up under the worst cirucumstances, she is still standing by her man in sickness and in health, advocating for her husband til death do they part.
It is clear Chemung County had other plans, in my opinion devious plans to terminate Gary's life by withholding nourishment and we can safely presume other devious intentions by other methods including killing Gary's spirit by keeping his wife Sara far away from his bedside.
Gary continues to be forced to endure painful invasive procedures - why? Less than desirable care? Torture?
Gary belongs under Sara's care long ago. How much longer will they be forced to be apart?
It's terrible the way the system treats innocent people. How can they look themselves in the mirror after what they've done to Gary Harvey?
ReplyDeletepower control and greed makes looking in their mirrors a daily smiling experience i have learned never ask how or why focus on what is
ReplyDeletetoday's news is one step closer to bringing this case to close ....
ReplyDeletetoo much going on to tell it all.
Just keep the faith and Gary should be freed from his arrogant captors soon.
Thank you all for your support, Marti Oakley, NASGA, Bobby Schindler , Elaine Renorie , Holly Peffer , Carrie Hutchens, Diane Dowell, Latifa Ring and my mom (who has passed nurtured me to be honest) others always told me that truth is on my side. Leaving the court house April 28th after hearing Kevin Moshier persecute me for wanting to open a window to let fresh air into my husbands room and his attempt to sway opinions that I was using poor judgment while the Social worker at St. Joseph Hospital placed an apple in the garbage can promoting hordes of flies in Garys room, on his bed, in his mouth and dirty gauze covered with these flies to where an exterminator had to be called in to fumigate the infestation (I have pictures) putting my husband at risk with these unsanitary conditions and I am the bad guy here? While they leave a fan directly on him all night where he practically froze to death and I am using poor judgment? Out of the 277 pages of PSA reports that they submitted for evidence there was no crime, or reportable incident that merits ISOLATION AND RESTRICTED GUARDED visitation of Gary Harvey.
ReplyDeleteThat day leaving the court house Tim Lahrman said in the parking garage to Moshier who was all alone and unaccompanied by anyone “way to sell out your client”. I was angry with Tim for spouting off at Moshier that way and let Tim have it. “He will use that against me and twist it.” Tim went to the shed for week over that one and I believe he is still there under guardianship.
I did not show up to court under doctor’s orders the following day April 29.
Sure as the sun comes up in the East. Moshier the following day April 29 lies to the court and reports that Tim stated “way to sell out my client” as if Tim were an attorney representing Gary Harvey. Don Thomson who is one of the county attroneys representing my husbands appointed and nominated guardian by Moshier swears to it.
Tim will be doing 5 years upstate for unauthorized practice of law if anyone is looking for him. Tim will be suing them for not having a law library available. ***lol***
I still have a long fight ahead and know that today was a small victory.
The guardian should be charged with attempted murder of Mr.Harvey and harassment of Mrs. Harvey.
ReplyDeleteThere are thousands of disabled persons in the United States that are disabled, some in wheel chairs, some bed ridden, some have no limbs, some cannot speak and communicate their needs.
ReplyDeleteMany with disabilities are married like Gary Harvey , some are soldiers home from the War, and many are children, and lets not forget our dear elders....
What I see with many of our American Families, caring for our disabled is "True Grit. " I don't see the wife, husband, parents, or family of the elders turning their back on their disabled family members, in fact they embrace them and "Thank God" for them.
Families able and willing to care for their disabled family member will embrace the opportunity to care for their love ones, even though it may be difficult at times but hey, any job worth having isn't always easy but families stick together in good times and hard times.
Families unite in the hard times because they Love each other. It's isn't easy, we all know that but out of love and respect we move forward, one day at a time.
But many of us are seeing, how the courts are allowing abusive guardians to invade innocent peoples lives of our disabled, tearing them away from their families and all they know, isolating the disabled while the courts sit back and allow these despicable crimes to happen.
When Sara and Gary Harvey said their marriage vows, they meant them, "In Sickness and in Health, how dare any court allow a abusive guardian to separate Sara from her husband, then tell her she only has 6 hours a week to visit with him And, to add insult to injury, a third person is in the room to spy on Sara as she visits with her husband Gary.
No one is more dedicated to Gary Harvey than his wife Sara. Sara will move Heaven and Earth to help Gary and work endlessly to make sure all his needs are taken care of, because of one simple fact..LOVE, Sara loves her husband. Gary has been ripped from her life, Sara's heart is broken, shattered to pieces because of an abusive judicial system that refuses to allow a husband and wife to live together.
Ask yourselves WHY NOT ?
I really don't care if anyone gets mad because I speak of my Belief in God. This is my comment and I'm going to speak my mine. " I'm putting all the abusive guardians, judges, attorneys, GALS's, social workers, and conservatorship that are purposely tearing our American Families apart, and isolating our love ones from us "On Notice"...we completely understand this is about money and greed."
..I want to make this CRYSTAL CLEAR TO ALL OF YOU WHO ARE RESPONSIBLE FOR THESE CRIMES...
GOD WILL JUDGE YOU FOR WHAT YOU HAVE DONE TO SARA AND GARY HARVEY AND ALL THE OTHER DISABLED AMERICAN MEN, WOMEN, AND CHILDREN AND THEIR FAMILIES YOU CONTINUE TO HARM AND TORRORIZE, BE VERY CAREFUL YOUR SALVATION IS AT STAKE, YOU SHOULD DECIDE SOON, VERY SOON, WHERE YOU WANT TO SPEND ETERNITY.
SHAME ON ALL OF YOU THAT ARE GUILTY
KNOW THIS...We will continue to Fight The Good Fight, We Will Never Lose Hope, We Will Be Bold And We Will Never Give Up The Fight For Our Love Ones Until Justice Prevails..
GOD BLESS AMERICA
Debbie,
ReplyDeleteThe Harvey case did try to get them for several things such as this and the judge would not accept the fact that Adult Protective Service tried to kill their ward. Let me repeat this ADULT PROTECTIVE SERVICES attempted to kill the very person they were designated to protect.
Thanks you Jane Branson for spelling it out as how the reality is for Gary and me.
ReplyDeleteNo crime commited here only in the views of the county if Loving my husband is a crime and that is how I am being treated.
Love is considered a crime in Chemung County. Just ask me.
Quotes from Kevin Moshier's Face Book Page:
"If you want to know what I believe, go read the Apostles' Creed..."
"Christianity is a way, and we learn it by walking; it is a river, and we know it by swimming; it is a game, and we come to love it through playing." Robert Barron
"shams and delusions are esteemed for soundest truths, while reality is fabulous..." Thoreau
One has to wonder is destroying marriages and families a part of Kevin Moshier’s Christian values and practices. He makes it a game of playing. I wonder too if he thinks his own marriage and family is a game, perhaps we should ask Chris Hansen from NBC.
it is true that I have been in the shed since my "cut from the tounge" to Kevin Moshier back in late April, yet I have to say had I not opened my mouth then the opportunity for Kevin Moshier and Don Thomson to tell their lie would never have come to be. The key now is proving them out to be the liars they are .... which won't be hard at all.
ReplyDeleteIt is a natural law of physics is it not that for every action there is an opposite and equal reaction, except lying is not an oppoiste and equal reaction it is a contrived response from within the bowels of guilt that the lie is birthed.
Taking a qute from Kevin Moshoer's facebook -----
"shams and delusions are esteemed for soundest truths, while reality is fabulous..." Thoreau
and the fabulous reality about Kevin Moshier and Don Thomson is that Kevin lies, and Don swears to it ....
oh, and they are lousy lawyers too that they cannot win on the merits that they must lie.... about little ole me ...... shhhheeeeeshhhh what punks.
and one last thing I almost forgot ...
ReplyDeleteI am not present to defend myself and the boys are free to lie ---- so that some cheezy t.v. judge can come along and make me Exhibit A in a decision and order --- in a case where Gary Harvey's best interests should be paramount ....
What is it about me that I have to be the focus of this game they play with the life of Gary Harvey ??
hummmmm