 Gary Harvey
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(WASHINGTON D.C.) - Where does one turn when you become disabled, vulnerable or old and become unlawfully a victim of the system? There are no kind words for the injustice that Chemung County New York has visited upon my husband, Gary Harvey and me.
 Gary at work. |
My husband a veteran who served his country and fought for our freedom is being denied his.
Until January 2006, my husband was leading a normal life. I am telling this story on behalf of a “Person”.
Not a corporation, not a piece of “Human Capital” and definitely not a legal instrumentality for quasi-corporate monetary gain. I am talking about a man named Gary Harvey.
Although Gary Harvey is still a living person, he has not been treated as such since 2006 when he fell down a flight of stairs and sustained traumatic brain injury.
Sometime later, his prognosis worsened into a vegetative condition, but this would only be the beginning of his nightmare.
Gary was placed in Chemung County Nursing Facility - and a familiar battle began.
I started complaining about the quality of care - or lack thereof.
 Gary Harvey today |
After pushing their own allegations, the facility was successful [in 2007] in having I deemed "unsuitable” as my husband's guardian, severely limiting contact and removing any right to make decisions on his behalf.
The County Department did not file for an Adult Protective Services (APS) guardianship, but the county attorney shows up unannounced at a purely civil/family court proceeding, and secures the commissioner of department of social services(DSS) as his guardian and she administratively designates Adult Protective Services.
They turned the article 81 guardianship into an adult protective service proceeding.
From that point forward, I have been struggling against all odds to save my husband from what I fear could be the same fate that confronted the Schindler family’s beloved Terri Schindler Schiavo.
After my husband’s constant trips to the ER over the years from negligent care, on May 16th 2009 his fate was never to return to Chemung County Nursing Facility after unknown, unexplained occurrences that destined him confined to St. Joseph hospital where in conjunction with his court appointed “protectors” attempted to end his life by dehydrating and starving him to death and were successful in attaching an unlawful DNR (Do not resuscitate) on him while my husband’s court appointed attorney coached the “protectors” how to do it, and his knowledge of my husband’s wishes.
 Gary during his service to his nation, in the U.S. Army during the Vietnam War. He is circled at the top right of the photograph in the back row. |
 Sara and Gary Harvey in happier days |
Can you believe that Adult Protective Services of Chemung County New York who is suppose to “Protect”, a community guardian of and for Gary since March 2007 ... they actually petitioned the county court for permission to kill their ward?
An adult protective services unit, a public guardian, a charitable non-profit 501(c)(3) corporation, sought court permission to kill their ward.
Although I got wind of a meeting, I was not permitted to attend, have any input nor know the results of said meeting until a week later.
In fact, prior to my official notice from the Ethics Committee, the Ethics Committee had already arranged and conducted meetings with Gary’s estranged children, his mother, and unbelievably – even his ex wife!
He is denied second opinions, Why? He is a veteran and the VA is denied to evaluate Why? What is it they are trying to hide? The law was written to protect and preserve the ward. Many cases out there this is not so.
My husband has been kidnapped and is being held against his will as what I believe a medical hostage for the profits and purely private interests of persons and entities who have no legal authority or business being his court appointed guardian.
New York law clearly prohibits the public guardian from attaining guardianship, and serving as guardian, in the manner so attained and within the plain and obvious conflicts of interests as do in fact exist in this sad situation.
The County nursing home where Gary resided for 2 years --- is assured a resident and payment, and when the community hospital became the residence for Gary nearly two years ago, the same county attorney who, from his part-time private practice is counsel for the hospital, counsel for the guardian, counsel for the county, and counsel for the public guardian, and the ole "Robed One" thinks we are all stupid and do not recognize the obvious, who also worked for the same law firm.
When every attorney involved works for the same law firm Senator O'Mara's law firm. How do I Sara Harvey who has no attorney, fighting alone ever get a fair hearing and/or trial?
 Gary attending a meeting |
Perhaps, lets evaluate this a bit. Chemung county law department a public agency that is suppose to protect the people in our community, the vulnerable, elder and disabled.
A few of those attorneys from their public office are also private practice associates with Davidson & O’Mara P.C. Lets see, St. Joseph Hospital, not his choice doctor, his appointed guardian CCDSS, his designated guardian APS and his assigned case worker APS and all have the same theme in common Davidson & O'Mara attorneys.
St. Joseph Hospital billed my private insurance $932K last year, out of those submitted claims $800.00 were for therapy. Sounds like good care right? Davidson & O’Mara’s client has a lot to lose if my husband were permitted to return home or placed elsewhere. Ironically, I am the only one who sees the very obvious motive.
My husband has suffered abuse, neglect and pure isolation from his court appointed protectors. You go to them and complain and they are not going to admit they are abusing and exploiting my husband.. Routinely he has surgery, like clockwork.
Anyone can see the pattern and fail to protect him from unnecessary surgical procedures because of negligence. I strongly feel that my private insurance should not have pay for their negligence.
I have no say in the matter, the county uses HIPAA as their shield for protection. I report it to the district attorney who sees no crime and guess what, his trail goes back to Davidson & O’Mara and the judges husband is an assistant district attorney who also worked for Davidson & O’Mara.
I report it to his court appointed attorney from MHLS and unbelievable the trail goes back to Chemung County Law Department via. Davidson & O'Mara.
Let’s further examine this, the appointed case worker, who works for APS and part time employee of St. Joseph hospital who in turn approve these routinely surgical procedures that are being billed to my private property insurance policy…no prejudice here.
End result who’s interest and benefit are they really protecting, while my husband remains as a “cash cow” for them? Gary has no adequate remedy of law in this county.
Perhaps there are those in New York such as the NY Law Commission who define a “Person” as a corporation, “public” corporation, business trust, estate, trust, partnership, joint venture, governmental subdivision, agency or a instrumentality of any other legal or commercial entity, but in the real world with real “Persons”, we in society commonly refer and know a “person” to be a “Human Being”.
I don’t consider your spouse, children, grandchildren, aunts, uncles, grandparents or friends as anything other than that of a “Human Being” to be honored and dignified with natural and constitutional rights as provided under God’s Law as well as mans law entitled to rights established by our forefathers in the “The Constitution of the United States”.
Gary Harvey has been institutionalized for more than 5 years and isolated from the love and compassion of his wife. Gary deserves the love and companionship of his wife, the comfort of his home and friends.
Not only is it inhumane to continually deny him quality care, treatment and testing but cruel to continue restricting his wife's visits. I am not the one who tried to kill him, his guardian—Chemung County, and St Joseph Hospital are. Death Panels do exist.
The crime against disabled, vulnerable and elders is growing. This is a new wave of income for the crooked lawyers, judges and appointed guardians. The law is designed to steal and they all know the tricks. Watch out baby boomers you are next and my husband is one of them.
What happens when state government breaks its own laws? They make new ones. AOLTC --- AnOpenLetterToCongress.info. Gary is on page 4 titled DNR as Punishment for Wife’s “Interference”.
You have no rights... not even if you are legally married.
The marriage vows mean nothing in this county. Marriage is an advance directive from my husband when we said our vows to each other and before God, family and friends.
If I had not taken my plight to the media... I would be a widow. They tried to end his life and these people are still in control and managed to attach an unlawful DNR to him. How sick does that get?
The wards/victims and family members can only sit and helplessly watch while the spider comes for his meal, sometimes being spoon fed by judges that are also players in this extremely unbalanced game.
The meal is comprised of the persons life, liberty and property and is enabled the promulgated purpose, powers and objectives set forth in the Facilities Development Corporation Act (per the pleasure and convenience) encompassed in the FDA statutes.
Sharon and others who share her views, are featured in this recently published video by Press TV in Washington D.C.
