Long-term partners had taken necessary steps to protect relationship in time of crisis
Today, NCLR launched a national media campaign to bring visibility to a tragic new case where Sonoma County, California officials separated an elderly gay couple and sold their worldly possessions despite the measures the men had taken to protect their relationship.
“In the 33 years of our organization’s history, this case is perhaps among the most tragic NCLR has ever been involved in,” said NCLR Executive Director Kate Kendell. “Clay and Harold had taken all of the necessary precautions, including living wills and powers of attorneys, to protect them in a time of crisis. Not only were their relationship and legal documents ignored, Clay and Harold literally lost everything. These appalling events demonstrate how urgently same-sex couples need full equality rather than a patchwork of rights that can be dismissed and ignored in a culture that still treats LGBT people as second-class citizens. This never should have happened to Clay and Harold.”
Clay Greene and his partner of 20 years, Harold Scull, lived in Sebastopol, California. As long-time partners, they had named each other beneficiaries of their respective estates and agents for medical decisions. As 2008 began, Scull was 88 years old and in deteriorating health. Greene, 11 years younger, was physically strong, but beginning to show signs of cognitive impairment. As Scull’s health declined, it became apparent that they would need assistance, but the men resisted outside help.
In April of 2008, Scull fell down the front steps of their home. Greene immediately called an ambulance and Scull was taken to the hospital. There, the men’s nightmare began. While Scull was hospitalized, Deputy Public Guardians went to the men’s home, took photographs, and commented on the desirability and quality of the furnishings, artwork, and collectibles that the men had collected over their lifetimes.
Ignoring Greene entirely, the County petitioned the Court for conservatorship of Scull’s estate. Outrageously referring to Greene only as a “roommate” and failing to disclose their true relationship, the County continued to treat Scull as if he had no family. The County sought immediate temporary authority to revoke Scull’s powers of attorney, to act without further notice, and to liquidate an investment account to pay for Scull’s care. Then, despite being granted only limited powers, and with undue haste, the County arranged for the sale of the men’s personal property, cleaned out their home, terminated their lease, confiscated their truck, and eventually disposed of all of the men’s worldly possessions, including family heirlooms, at a fraction of their value and without any proper inventory or determination of whose property was being sold.
Adding further insult to grave injury, the county removed Greene from their home and confined him to a nursing home against his will—a different placement from his partner. Greene was kept from seeing Scull during this time, and his telephone calls were limited. Three months after Scull was hospitalized, he died, without being able to see Greene again.
“Because of the county’s actions, Clay missed the final months he should have had with his partner of 20 years,” said Greene’s trial attorney Anne Dennis of Santa Rosa. “Compounding this horrific tragedy, Clay has literally nothing left of the home he had shared with Harold or the life he was living up until the day that Harold fell, because he has been unable to recover any of his property or his beloved cats—who are feared dead. The only memento Clay has is a photo album that Harold painstakingly put together for Clay during the last three months of his life.”
Greene is represented by Dennis along with Stephen O’Neill and Margaret Flynn of Tarkington, O’Neill, Barrack & Chong in a lawsuit against the County, the auction company, and the nursing home. NCLR is assisting Greene’s attorneys with the lawsuit. A trial date has been set for July 16, 2010 in the Superior Court for the County of Sonoma.
The case is Greene v. County of Sonoma et al., Case No. SPR-81815.
Learn more about NCLR’s Elder Law Project.