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Horseheads woman battling for guardianship of vegetative husband
News 10 Now ^ | 11/9/09 | Vince Slomsky

Posted on 11/09/2009 3:50:52 PM PST by wagglebee

t's a custody battle that rages on in Horseheads. Sara Harvey is fighting to be the guardian of her husband, Gary, who has been in a vegetative state since 2006. But a judge has ruled she is unfit to take care of him properly. Our Vince Slomsky tells us just some of this complex story and what might happen next.

 

HORSEHEADS, N.Y. -- Sara and Gary Harvey met at work. They married each other in 1998.

“We had a beautiful relationship. Just loving," said Sara Harvey.

Gary was a relatively healthy person, until January 21st, 2006. He had a heart attack inside their home in Horseheads and fell down these stairs suffering a severe brain injury. From that day on, he's been in a vegetative state relying on others to keep him alive. The majority of his time has been spent in the Chemung County Nursing Facility, but Sara says they do not provide him with the care he needs.

"I feel that he gets inadequate care. I mean with over four dozen ER trips, how would you think," said Sara.

But Sara is actually not even her husband's guardian, the county of Chemung is. A judge ruled she was unfit to care for her husband in 2007, and she says it all stems from an incident on September 16th, 2006. She said her husband's tracheotomy tube was defective, but the nurse at the nursing facility would not replace it.

"I cut it, and I used their scissors, and I told her I was going to do that and she didn't stop me. I wasn't trying to harm him in any way, I was trying to bring the matter to attention," she said.

A few hours later, the tube was replaced. But Chemung County Attorney Bryan Maggs says there were other incidents as well, such as wheeling him outside and placing flavors in his mouth.

“There were other instances where she was acting completely inappropriately, in a, well I'll just leave it at that, in an inappropriate way trying to do things with her husband that he was obviously incapable of doing physically," he said.

Sara says on May 29th of this year, the county and the ethics committee at St. Josephs Hospital decided to end Gary's life by removing his feeding tube.

"The doctors consulted and discussed what his medical needs were and what course of procedure would be most appropriate given his very severe needs and they came out with a course of action," said Maggs.

Sara says she was able to get the decision overturned but fears that it may happen again. She wants to care for Gary herself at their home and she has everything he needs to do so.

"I want my husband home for the holidays. He's a veteran. He's fought for freedom and he's denied his freedom," she said.

It is a matter likely headed back to the courts. The county attorney tells us they never wanted to be the guardians but after Sara was found unfit no other family members stepped forward. He also says Gary's condition is so severe that she would never be able to provide the care he needs.

Both sides are anticipating a court hearing soon on the guardianship battle.


TOPICS: Culture/Society; Government; News/Current Events; US: New York
KEYWORDS: deathpanels; disabled; garyharvey; moralabsolutes; prolife
Sara says she was able to get the decision overturned but fears that it may happen again. She wants to care for Gary herself at their home and she has everything he needs to do so.

They are trying to appoint a death panel.

1 posted on 11/09/2009 3:50:55 PM PST by wagglebee
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To: cgk; Coleus; cpforlife.org; narses; Salvation; 8mmMauser

Pro-Life Ping


2 posted on 11/09/2009 3:51:31 PM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: 185JHP; 230FMJ; 69ConvertibleFirebird; Albion Wilde; Aleighanne; Alexander Rubin; ...
Moral Absolutes Ping!

Freepmail wagglebee or DirtyHarryY2K to subscribe or unsubscribe from the moral absolutes ping list.

FreeRepublic moral absolutes keyword search
[ Add keyword moral absolutes to flag FR articles to this ping list ]


3 posted on 11/09/2009 3:52:35 PM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: BykrBayb; floriduh voter; Lesforlife; Sun; PhilDragoo; EternalVigilance

It looks like New York is already starting to attempt death panels.


4 posted on 11/09/2009 3:54:39 PM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: wagglebee

The heading “Horsehead woman” made me think the article was about that woman from “Sex and the City”


5 posted on 11/09/2009 3:55:53 PM PST by MNDude (The Republican Congress Economy--1995-2007)
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To: All
Pinged from Terri Dailies


6 posted on 11/09/2009 4:01:34 PM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: MNDude

This one is “Horsehead” not “horse face.”


7 posted on 11/09/2009 4:03:10 PM PST by BykrBayb (Somewhere, my flower is there. ~ Þ)
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To: wagglebee
A few hours later, the tube was replaced. But Chemung County Attorney Bryan Maggs says there were other incidents as well, such as wheeling him outside and placing flavors in his mouth.

What does the print in bold mean?

8 posted on 11/09/2009 4:04:26 PM PST by abigailsmybaby (To understan' the livin' you got to commune wit' da dead.)
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To: wagglebee

Correction/clarification: They already have appointed a death panel. Activist judges will probably give the death panel the power to carry out their plot.


9 posted on 11/09/2009 4:04:55 PM PST by BykrBayb (Somewhere, my flower is there. ~ Þ)
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To: abigailsmybaby

My impression was that it was those citrus flavored swabs that they have in hospitals to aid with dry mouth when fluids can’t be taken orally.


10 posted on 11/09/2009 4:05:44 PM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: wagglebee

Since “Terri Schiavo,” the Government’s roll and policy is to exterminate those that are a drain upon the treasury, while protecting America’s enemies foreign and domestic in the destruction of the Constitution.


11 posted on 11/09/2009 4:06:52 PM PST by ntmxx (I am not so sure about this misdirection!)
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To: BykrBayb

I wonder if the “let the spouse decide” crowd will weigh in.


12 posted on 11/09/2009 4:07:06 PM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: wagglebee

Let’s get this straight: The county wants to starve and dehydrate him to death but thinks SHE would be a bad guardian because... well because of ANYTHING?!!!


13 posted on 11/09/2009 4:09:05 PM PST by UnbelievingScumOnTheOtherSide (IN A SMALL TENT WE JUST STAND CLOSER! * IT'S ISLAM, STUPID! - Islam Delenda Est! - Rumble thee forth)
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To: wagglebee

If they do, it will be to tell us that in this case, the spouse should have no say, because she endangered her husband by preventing his murder.


14 posted on 11/09/2009 4:10:07 PM PST by BykrBayb (Somewhere, my flower is there. ~ Þ)
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To: wagglebee

It’s an odd statement. I wondered if she was giving him something like Life Savers.


15 posted on 11/09/2009 4:11:29 PM PST by abigailsmybaby (To understan' the livin' you got to commune wit' da dead.)
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To: BykrBayb; wagglebee

Get it right people, Horseheads, not Horsehead, on the right side of the tracks from Elmira. My hometown. Can’t say I know this couple though. Freegards,


16 posted on 11/09/2009 4:12:05 PM PST by printhead
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To: printhead

And what’s on the wrong side? Or should I not ask?


17 posted on 11/09/2009 4:14:18 PM PST by BykrBayb (Somewhere, my flower is there. ~ Þ)
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To: wagglebee
I wonder if the “let the spouse decide” crowd will weigh in.

Not sure what you are talking about here..

My husband was sick for seven years, I had power of attorney along with a daughter. I cared for my hubby until his death in 2006.

At one point we would have lost control over his care had we not had POA.

Wonder why this woman did not have that?

18 posted on 11/09/2009 4:16:05 PM PST by BARLF
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To: printhead

My daughter ,SIL and Grandson lived there for about nine years. Visited there many times.


19 posted on 11/09/2009 4:18:35 PM PST by BARLF
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To: BARLF; BykrBayb
Not sure what you are talking about here..

We aren't talking about a POA, we are talking about basic guardianship which the courts have taken away.

A lot of people supported Terri Schiavo's murder because her estranged and adulterous husband wanted to kill her.

20 posted on 11/09/2009 4:20:39 PM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: wagglebee

>> “I cut it, and I used their scissors, and I told her I was going to do that and she didn’t stop me. I wasn’t trying to harm him in any way, I was trying to bring the matter to attention,” she said.

People need to be careful about symbolic actions, gestures, and expressions.


21 posted on 11/09/2009 4:21:05 PM PST by Gene Eric (Your Hope has been redistributed. Here's your Change.)
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To: wagglebee

Oh, okay. Thanks


22 posted on 11/09/2009 4:25:53 PM PST by BARLF
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To: All
More here:

Wife’s Visitation in Jeopardy: The Isolation of Gary Harvey


23 posted on 11/09/2009 4:33:50 PM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: wagglebee

Let me see if I get this right. She is more dangerous to her husband than the hospital that wants to pull the plug?


24 posted on 11/09/2009 4:57:56 PM PST by FastCoyote (I am intolerant of the intolerable.)
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To: FastCoyote
Let me see if I get this right. She is more dangerous to her husband than the hospital that wants to pull the plug?

Yep, you nailed it.

25 posted on 11/09/2009 4:59:47 PM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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Comment #26 Removed by Moderator

To: Morgana

The state took guardianship away from his wife because she disagrees with their desire to neglect her husband.


27 posted on 11/09/2009 5:31:04 PM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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Comment #28 Removed by Moderator

To: wagglebee

I wish things were different, but she won’t win.

The courts side with the medical personal and the medical personal are interested in expediency.

“He also says Gary’s condition is so severe that she would never be able to provide the care he needs.”

There are no home health care aides, and medication nurses making house calls in the entire county?

He’s in a terminal condition. Is her care likely to end his life sooner than dehydrating and starving him to death over two weeks?


29 posted on 11/09/2009 5:35:47 PM PST by OpusatFR (Tagline not State Approved.)
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To: MNDude

30 posted on 11/09/2009 5:36:34 PM PST by Lizavetta
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To: Morgana

Or maybe they meant favors instead of flavors........

You’re right about video taping things she didn’t like. That’s the best way to get it on the record.


31 posted on 11/09/2009 7:14:06 PM PST by abigailsmybaby (To understan' the livin' you got to commune wit' da dead.)
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To: Lizavetta

HAAHAHAHA! Where do you guys find those pictures?


32 posted on 11/10/2009 6:15:24 AM PST by MNDude (The Republican Congress Economy--1995-2007)
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