Washington Family’s Plight a Reminder of the Importance of GLBT Estate/Financial/Health Planning

As reported by the Miami Herald, a federal court in Miami has thrown out the lawsuit of a Washington State lesbian who was denied access to her dying partner at Jackson Memorial Hospital.

On February 18, 2007, Janice Langbehn and her partner Lisa Pond were in Florida together with their three children while waiting to set sail on a Caribbean cruise for gay families.  Before boarding, Janice’s partner Lisa suffered a fatal brain aneurysm and was rushed to Jackson Memorial Hospital in Miami, Florida.

A social worker refused to allow Janice to see or visit with Lisa, her partner of 17 years, who died the next day.  The social worker would not allow Janice access to her partner, citing the fact that Florida is “an anti-gay state”.  Jackson hospital has denied that Janice was discriminated against, and continues to defend the conduct of its employee.

Langbehn, with the help of Lambda Legal, a national gay-rights group, sued the hospital. The case received publicity around the country, and was thrown out Tuesday.  According to Beth Litrell, staff attorney for Lambda Legal:

“The hospital took the position that we thought was pretty extreme — that it has no duty, no legal obligation, to allow visitors [of any sort] in the hospital.  The court agreed … We’re obviously devastated and disappointed in this decision,” Littrell said.  “It highlights how vulnerable same-sex couples and their families are.”

I encourage all my clients to execute a Health Care Proxy as part of their comprehensive estate planning.  The importance of advanced financial and health planning for GLBT couples is even more important.  For example, by executing a valid Health Care Proxy, you can appoint another person as your health-care decision maker in the event that you are unable to make or communicate health-care decisions on your own behalf.