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just out ▼ m arch 3. 1005 ▼ 13
Peace of mind
A tough situation could be made easier by a bill aimed
at single parents who are terminally ill
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relieve an ill parent of unnecessary stress because
provisions have already been made for her or his
child. Children may also be put at ease because
they know who will take care them.
Eighmey adds the 60-day period is particu
larly applicable to parents with AIDS, who often
alternate between relatively good health and ill
ness—between incapacitation and being able to
take care of their kids.
Additionally, for the partners of gay men and
lesbians, the bill could bolster one’s chances of
obtaining permanent guardian status from the
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‘Many women who have HIV
are single and have children.
They were scared about what would
happen to their kids and wanted to
have a say in who would be the
children’s caretakers.
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court. Though currently a court will often respect
one’s choice of guardian, it can impose the stan
dards of the best interests of the child. Because
there remain societal and judicial prejudices sur
rounding gay men and lesbians and children,
sexual minorities typically need to present as
much “evidence” as possible indicating their
guardianship would, in fact, be in the best interest
of the child.
“With this measure, a partner who is the standby
guardian and is petitioning to become the perma
nent caretaker could have more credibility when
it comes to proving their commitment and dedica
tion to raising the child,” says Eighmey. “Every
little bit helps.”
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Gerard Lillie
Todd Connelly
:xxt
tate Rep. George Eighmey (D-Portland)
plans to introduce legislation this ses
sion that could make it easier for unmar
ried people who are both terminally ill
and parents of minor children to desig
nate a standby guardian if the parent becomes
mentally or physically incapacitated or dies.
“Let’s say you’ve got a situation in which a
gay male couple is raising children that were
conceived when one of the men was married. If
the birth father gets sick and dies, there’s the
threat that the children’s blood relatives— former
in-laws or the ex-wife, for
instance—could swoop in
and try to take the children
away from the man’s part
ner. This measure would let
the birth father designate
his partner as the legal
guardian for a 60-day pe
riod. After that point, the
partner could petition the
court to become the full- If)
time guardian.”
v
The measure’s backers
say many times terminally
ill single parents worry
whether their wishes for
their children’s care will be
honored after they die or
are no longer able to care
for them. Backers also say
parents often procrastinate
in making plans because
they fear losing their paren
tal rights upon final execu
tion of the guardianship.
' É
Though parental rights are
not surrendered when this
happens (unless ajudge sev
ers those ties), the bi 11’ s pro
ponents say it is a widely
held misperception. This
measure, they say, would
give parents peace of mind.
C o rv allis
resident
Margo Denison is a staunch
supporter of the bill, cur
rently known as LC 290. Denison’s 33-year-old
daughter was diagnosed with HIV four years ago
and started a newsletter for women with HIV and
AIDS.
“Through her work with the newsletter, my
daughter became aware of the need for standby
guardianship legislation, which had already passed
in some other states,” says Denison, who works
with the Valley AIDS Information Network, run
ning its 24-hour hot line. “Many women who have
HIV are single and have children. They were
scared about what would happen to their kids and
wanted to have a say in who would be the children’s
caretakers.”
According to Denison, the bill could help