Martha's Story

On February 17, 2002, Martha Elizabeth Ham was involuntarily admitted to Jasper County Hospital in Rensselaer, Indiana.  Against her wishes, as well as those of her only daughter and legal guardian Kyle Shayna Hamilton, Martha remained incarcerated on the orders of the Jasper County Superior Court for the remainder of her life.

On February 1, 2003, Martha Ham died - in captivity - without having the opportunity to spend any time outdoors during the last year of her life.

Martha Ham was buried on February 12, 2003, without having the autopsy requested by her only daughter and sole heir. A request for the autopsy made by U.S. Representative Maxine Waters (D, CA) on behalf of Martha's only daughter and sole heir was also ignored.

Martha Ham was never charged with any crime or wrong-doing.

Martha Ham was a victim of the greed and corruption of the legal system in a County Superior Court where rulings were based, not on law, but rather on personal definitions of morality, and where anyone not living in the county was considered "weird" and not to be trusted; a County where lies, rumors and innuendo ran rampant and the law was routinely ignored by the very persons empowered to enforce it.

And that's just the tip of the iceberg.

The Schiavo Legacy

Terri Schiavo had been living in a condition which was described by some as a persistent vegetative state, by others as comatose, and still by others as "severely brain-damaged." Michael Schiavo, Terri's husband and legal guardian, said that Terri had stated at one time that she'd rather die than live in such a condition. Terri's parents insisted that Terri had never said any such thing.

Terri Schiavo failed to leave written instructions as to her preferences.

Michael Schiavo was Terri's legal guardian. As legal guardian, Michael had the authority - the legal authorization - to act on Terri's behalf and to make decisions for her. But Terri failed to leave written instructions as to her preferences.

However, technically - and legally - that should not have been an issue. Michael had been appointed Terri's legal guardian and with that authority there should have been no question as to what should have been done. However, the government insisted on stepping in, despite Michael's already granted legal authroity, because Terri failed to leave written instructions as to her preferences.

So we are left to believe that all of this could have been avoided had Terri only just left her preferences in writing. We are led to believe that as long as any of us have our desires in writing . . . through a power-of-attorney, or a living will, or a trust . . . then there is no question about what we desire to do with our own bodies and therefore no hassles.

But that is quite simply untrue.

Martha Ham had a trust. Martha Ham had a living will. Martha had a health care power-of-attorney. She even had a power-of-attorney for controlling her finances. Both of these documents authorized Martha's only child and sole heir to be in complete control of Martha's life and affairs. Both of these documents were written in such a way as to become irrevocable in the event that Martha would become incapacitated. Martha had these documents written in such a manner because she knew that it was only a matter of time before she could become mentally incapacitated because Alzheimer's disease runs in the family and Martha knew she might get it. Her explicit wish was for Kyle, her only child and sole heir, to take charge of her life when the Alzheimer's took away her own powers of reason.

Martha Ham did leave written instructions as to her preferences.

Eventually, Martha did develope Alzheimer's. But when Kyle attempted to to do exactly as her mother had wished, the Jasper County Superior Court of Indiana stepped in. The Jasper County Superior Court took the authority away from the very person to whom Martha had given that authority.