Texas, USA: Gay Man Forced to Leave Partner With Alzheimer’s After 34 Years Together

Written by scott on May 1st, 2013

Jim & LonIn a despicable turn of events, the sister of a man with Alzheimer’s has gotten a court order appointing her as the legal guardian for her brother, and subsequently threw his partner of 34 years out the door and sold their house. Queerty reports:

My partner Jim (left) and I (Lon) shared 34 Years together!! The past 6 years he has suffered from Alzheimer’s Disease. He was hospitalized last year. His estranged sister filed for guardianship of him and won. We gave each other Power of Attorney, which she never revealed in court as I was never mentioned nor considered nor notified.

She put him in a Nursing Home and had criminal trespass orders against me to keep me away from him. I’LL NEVER BE ABLE TO SEE HIM AGAIN! She got his bank account from Social Security Disability and sold his house out from under me. I had 2 weeks to vacate uur [sic] home of 12 years.

If we were EQUAL in the eyes of the law we would be together till the end. But as it stands in Texas, a money hungry greedy relative was able to steal our life and toss me out as trash to pad her pocketbook. I pray God has mercy on her soul for her evil deeds. I am content knowing the world is coming around to acknowledge that ALL HUMANS ARE CREATED EQUAL and SHOULD HAVE EQUAL RIGHTS.

The fact that this couple had given each other power of attorney, and that it was swept aside without even a thought, underscores the need for marriage equality and full equal rights for gay and lesbian couples. My husband Mark and I have been together for 21 years, and I can’t imagine being pulled away from his bedside, or vice versa, at a time when we both need each other the most.

Find more articles and gay wedding resources in Texas.


4 Comments so far ↓

  1. Arturo Schultz says:

    I doubt that GOD has mercy on souls such as those.

  2. Sidney W. says:

    If this is true, it’s terrible. But some of the pieces of this story don’t add up… there’s a lot of details missing. What’s a “criminal trespass order”? How does a house get sold without you even noticing? It would be nice to hear the whole story — it may well be an insanely unfair story, but there’s more to this.

  3. Rinn says:

    Criminal Trespass… as it would apply to a case such as this… is extremely easy to throw at someone, in pretty much any state. It’s merely a NOTICE that the person isn’t wanted around, not that they’ve done anything to actually get themselves in trouble, already.

    This is for Texas:

    § 30.05. CRIMINAL TRESPASS. (a) A person commits an
    offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:
    (1) had notice that the entry was forbidden; or
    (2) received notice to depart but failed to do so.
    (b) For purposes of this section:
    (1) “Entry” means the intrusion of the entire body.
    (2) “Notice” means:
    (A) oral or written communication by the owner or someone with apparent authority to act for the owner;

    There’s a lot more, but the rest is primarily about implied No Trespassing notices by fencing and paint marks, and such. So, it doesn’t apply, here.

    In this instance, she had the order levied against the partner specifically, so that he’s unable to enter in places he would ordinarily be allowed by simply stating who he was, and signing in.

    Selling the house without his knowledge is just as simple a matter, unfortunately. If his name wasn’t on the property deed, then he has no rights to it. He stated “his [meaning the partner’s] house” so, it’s unlikely he’d been added to said document before Alzheimer’s set in. He may have been willed the property but, given that the owner is still alive… that doesn’t hold any weight, in this instance.

    Land lords sell property without their tenants knowing until they’re directly informed all the time. It’s not a particularly difficult process.

    This still may not be the whole truth of the matter. But, there’s nothing implausible mentioned, thus far. I’ve personally witnessed these sorts of things happening to friends and acquaintances, over the years. Most of them were hetero couples. So, this isn’t just an issue for the GBLT community. The lack of marriage equality just makes it much easier to pull off.

    This is a shameful deficit of ethics and compassion, and I feel for this poor man. I hope it’s straightened out, and he’s able to spend time with his partner, again.

  4. Jim Sherwood says:

    There are a multitude of legal process avenues to circumvent such travesties. Take advantage of them BEFORE the SHTF.

    The access to their legal rights are right in front of them, but they seem to be intent upon co-opting the institution of marriage – for the purpose destroying it.

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