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Guardians program fulfills need

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When a hospital in northwest Indiana approached the Lake County courts seven years ago regarding an increasing number of adult patients without guardians – someone to speak on behalf of the patient if his or her family members are no longer around or unable to make decisions – the judges listened.

To help address the need for guardians for patients of Saint Margaret Mercy Hospital, Judge Diane Kavadias-Schneider – with others in the court and with permission from Indiana Chief Justice Randall T. Shepard – worked on a guardianship program that involved temporary volunteer guardians.

Like court appointed special advocates for children, they would go through a training program and participate in a swearing-in ceremony.

The temporary guardians would help patients who had an immediate need to transition to a nursing home or similar care, Judge Kavadias-Schneider said.

To address the long-term issues of all incapacitated people over 18 in Lake County and ultimately other counties in northwest Indiana, stakeholders in the community started meeting and formed Northwest Indiana Adult Guardianship Services Inc. a few years ago.

In 2008, the Indiana Adult Guardianship Services Project was formed with the idea that Northwest Indiana Adult Guardianship Services would serve as a model for stakeholders and pilot sites in Allen, Elkhart, Lawrence, St. Joseph, and Vanderburgh counties. Tippecanoe County also had a pilot site, which closed in June because of a lack of funding. Becky Pryor, project coordinator for the Indiana Adult Guardianship Services Program, has also been in touch with interested parties in Montgomery and Wayne counties, and a similar program is in the works at Wishard Hospital in Indianapolis.

Judge Kavadias-Schneider and others credit Pryor for helping get the stakeholders in northwestern Indiana and the rest of the state together and for helping secure state funding.

Teddy Flores, the executive director of Northwest Indiana Adult Guardianship Services, said when he learned funding was going to be available, the priority was to create courses and materials for training programs that could be used by other counties. By doing so, the program would receive the state funding to start its own volunteer program for long-term guardians.

There have been three training sessions since spring 2009, and a total of 35 volunteers who have completed the training sessions. The first training in Porter County took place earlier this summer, he said. The organization plans to eventually offer trainings in five other counties in northwest Indiana.

Currently, he said, 15 people are matched with volunteers or are in the process of being matched; there’s a waiting list of about 10 people.

The organization screens all calls, he said, and will refer people to other resources in the area as appropriate. He said the number of calls they’ve received who weren’t eligible for guardianships but still received referrals for other services was somewhere between 75 and 100.

While the program would like to help more people, funding remains an issue. State funding was not renewed in the most recent budget cycle for the Indiana Adult Guardianship Services Project, so there has been a need to find other grants and fundraising opportunities. He said they are waiting to hear about a number of grants, but one grant they’ve received will help with a training session.

They’ve also been conducting fundraising projects, including a dinner that featured international cuisine made by local chefs, a silent and live action, and a jazz trio. Most of the services were donated, Flores said, and the event netted just more than $15,000.

A similar event is in the works for January 2011, he added.

The organization is also working on whether there is a possibility to charge a fee to organizations that could afford to pay for the services of a volunteer guardian. For instance, he said, hospitals and health-care providers would be able to save on the cost of extra days of care for a patient, in some cases up to a month or longer, if the patient has a guardian who can determine that the patient can be released sooner than without a guardian.

Each county also has its own rules regarding how guardianships are handled, he added, which is why the program has only begun in two counties in the northwest so far. Had the funding from the state continued, he said, they would be in more counties by now.

As for how guardianships have helped in the court, Judge Kavadias-Schneider and Probate Commissioner Donald Stepanovich both said the guardians have been helpful so far, but they expect there will only be a greater need for volunteer guardianship programs like the one in Lake County and others around the state.

Stepanovich pointed to changes in the structure of families over the years.

“It used to be that the mom stayed home with the kids, the dad worked, and most people stayed in same neighborhood their whole lives,” he said. “The nucleus of the family has changed. You have more situations where grandma doesn’t have anyone by her side now.”

He said families are also smaller, so instead of three or four kids to take care of their parents, there’s maybe one or two.

He added guardianship laws also need to be updated.

“The guardianship code was written to protect an incapacitated person mostly from financial abuse. … It was not written so that someday a stranger who’s a volunteer backed by an organization could come forward and represent a penniless incapacitated person. Reading the code as a volunteer, you’ll just want to say, ‘I don’t want to do that.’ … Our law is not yet equipped to deal with what we need to put in place now,” he said.

He and Judge Kavadias-Schneider did praise the statute that was passed in 2004 with Pryor’s help and support from Chief Justice Shepard so that all courts in the state could have these volunteer programs.

But, Stepanovich added, “We’re going to need to do more of that to make a space and initiative for these agencies.”

That includes providing state funding before it becomes more of a problem not only for the courts, but for people who need help, he said.

Judge Kavadias-Schneider said she’s proud of what the program has accomplished so far.

“It’s a tough economic time and government can’t solve all of our problems, but this partnership between not-for-profits and hospitals and the courts is a good way to solve the problems of society. Lake County gets a lot of bad press, but we do a lot of good things up here,” she said.

While funding remains an issue, one thing lawyers can do to help is take on the legal work pro bono. All but one of the cases, Flores said, has been handled with help from attorneys who volunteer through District 1. He said plan administrator Judy Stanton has been helpful in setting up attorneys with the program.

The organization is also hosting a statewide symposium Oct. 29 at Ivy Tech in Valparaiso. Attorneys will be eligible to receive about six hours of CLE credit while learning about guardianship and having a chance to network with others in social services looking for legal help and advice.

More information can be found at www.niags.org or by e-mailing Flores at niags_teddy@yahoo.com.•

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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