For Immediate Release
February 6, 2006
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Contacts:
Lynn Schulman, 212.367.1210
Noel Alicea, 212.367.1216
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GOVERNOR SIGNS HISTORIC
LEGISLATION GRANTING INDIVIDUALS CONTROL OF THEIR REMAINS AFTER
DEATH
(Albany) Governor Pataki signed historic legislation on Friday,
for the first time granting New Yorkers the legal right to designate
a person to carry out their wishes for their body after they die.
Significantly, this legislation extends domestic partners equivalent
status in decision making as surviving spouses will have. This
holds considerable importance for the LGBT community.
The law creates a simple method to designate an agent for disposition
of remains, similar to a healthcare proxy. In instances where no
one has been designated via a written proxy, a priority list of
persons, including domestic partners, is established within the
new statute to determine who has the right to control the disposition
of an individual's remains. Gay Men's Health Crisis (GMHC) is confident
that this law will now provide protections for many vulnerable
populations including people living with HIV/AIDS, low-income residents,
seniors and unmarried domestic partners.
"Over the years, many people have come to GMHC having severe difficulty
with end of life planning issues. Until this law, no legal mechanism
existed to ensure their wishes are followed. This will have tremendous
impact for our community," said Ana Oliveira, Executive Director
of Gay Men's Health Crisis.
This law would avoid painful situations that GMHC has encountered
in working with clients, like that of Joe*, who died suddenly while
his partner was out of town. When his partner returned home, Joe's
mother had already had his body cremated – against his wishes.
In fact, it was the couple's plan to be buried together and Joe
and his partner had already purchased side by side burial plots,
a clear indication of their plans. * True story. Name changed
to protect client anonymity.
Unlike citizens in most other states, New Yorkers have been severely
limited in the ability to ensure that plans and wishes for their
deaths would be carried out. Confronted with a lack of options,
individuals have been at risk of having actions taken upon their
death that defy their wishes, values and beliefs. The implementation
of this law will alleviate these difficulties.
GMHC applauds Governor Pataki, the bill's sponsors Assemblymembers
Dinowitz and Gottfried and State Senator Balboni and members of
the State Legislature for making this bill a reality. We also want
to recognize Empire State Pride Agenda for working closely with
GMHC in advocating for this important law and winning such an important
victory for our community.
* * *
GMHC is a not-for-profit, volunteer-supported and community-based
organization committed to national leadership in the fight against
AIDS. GMHC provides services and programs to over 15,000 men,
women and families that are living with or affected by HIV/AIDS
in New York City. For more information, please visit www.gmhc.org.
© 2006 Gay Men's Health Crisis
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