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Attorneys give hospice patients peace of mind

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Although a will may be described as “simple,” for patients in hospice care having a completed will and knowing their wishes are recorded in a legal document can bring a peace that makes the word “simple” seem like a misnomer.

Some hospice patients are said to be so relieved to know their affairs are in order that within hours of signing the legal forms, they pass away. And the attorneys providing the legal assistance say the work brings rewards they had not anticipated.

estle-karen-wishard-15col.jpg Rev. Karen Estle, spiritual advisor at Wishard Health Services, with a patient in the Palliative Care Unit. She helps pair volunteer attorneys with hospice patients who need legal assistance. (Submitted photo)

Diane Sargeant, attorney at Cox Sargeant & Burns P.C., said helping the hospice patients teaches her lessons in life and death.

“It just reminds me how precious life is, how much we need to stop and think about that every day rather than getting wrapped up in tasks,” she said.

Sargeant does her volunteer work through the Indianapolis Bar Association’s Hospice Program. This pro bono effort pairs volunteer attorneys with hospice patients to handle legal matters such as a will, power of attorney, or health care directive.

Typically, the volunteer attorneys travel to one of the hospitals in the Indianapolis area and meet with the patients. Usually, the lawyers will draft and file documents related to end-of-life issues, but sometimes they just answer general questions. Patients may be worried their debt will get passed along to their children. In one instance, a man was concerned that his felony conviction would prevent him from being buried where he wanted.

These attorney-client relationships are limited to the patients themselves. Other family matters are outside the scope of this work.

Because the need for these lawyers may arise at any time, the program schedules the volunteers to be “on call” for a few weeks each year.

Diana Moers, coordinator of the IBA’s Hospice Program, described herself as the dispatcher. When she gets a referral from a social worker at a hospital, she contacts the attorneys on call and makes the assignment.

“I don’t stop until I get somebody who says, ‘Yeah, I can help that person,’” Moers said.

The program is especially attractive to attorneys who practice in elder law or wills and estates. Sargeant noted that as an estate planning and administration specialist, she does not have a tremendous number of opportunities to do pro bono work that uses her technical skills. Helping hospice patients allows her to combine her knowledge with her desire to volunteer.

“It’s become personally rewarding for me,” she said. “The clients I’ve worked with have been so grateful for the work I do for them. It’s been very touching.”

Serving as the coordinator fits well for Moers, an attorney in the Office of the Secretary of State’s Securities Division. Her job keeps her tied to her office all day, but through the hospice program she is able to perform pro bono work.

“It feels good to know when somebody needs help they can just reach out and someone will come in a day or two at the most,” Moers said, adding the patient can then focus on being with family.

Larry Lawhead, partner at Barnes & Thornburg LLP serving in the corporate department, not only volunteers in the IBA’s Hospice Program but also will be educating other attorneys as part of a CLE “End of Life Care and Probate 101.”

“Everybody has the same fears,” Lawhead said. “Obviously, we don’t have the ability to do complex planning for them, but we provide peace of mind for people.”

When he works with those in hospice care, Lawhead is most concerned about making sure they are competent to understand what they are doing and that they are not signing papers under pressure from family members or other individuals.

He always tries to meet the patient in person and discuss what legal issues need to be addressed. After going to his office to draft the documents, he returns to visit the patient again and complete the work.

wilhelm Wilhelm

Before the individual signs, Lawhead will have any family members leave the room. The patient can ask questions, bring up concerns or make changes privately with the attorney without worrying what others may think or do.

When the volunteer lawyers walk into the room, Rev. Karen Estle has seen the hospice patients sit a little straighter and be very respectful. They are often surprised that someone so important has come to see them.

Estle, spiritual advisor with the Palliative Care Team at Wishard Health Services, has worked with the IBA’s Hospice Program since its beginning. The program, she said, has made a “tremendous difference.” Before the attorneys were available, the staff would struggle to find a way to help these patients with their legal needs.

Now she fills out a referral form and passes it along to the IBA. When the attorneys arrive at the hospital, Estle meets them at the front desk and then escorts them through the labyrinth hallways to the Palliative Care Unit.

Along the way, she will talk to them. Once in a while, an attorney may be overcome with memories of family members who have died, so Estle will walk the lawyer around the corner and provide a shoulder to lean on.

Among the attorneys she has greeted at the entrance is Michael Wilhelm, an elder law attorney at DeFur Voran LLP in Fishers.

“I like that the people that we’re serving are in true need of pro bono services,” he said.

Wilhelm often arrives at the hospital with the documents prepared and ready for a signature. He knows the process can become very emotional, so he always tries to make a personal connection to help the patient through the situation.

Taking time is necessary, Estle said. The attorneys cannot just hand a form to a patient with instructions to fill it out. They have to sit with the patient, maybe cry for a minute, and then get the task done.

For one woman, battling terminal cancer, Wilhelm made a call to her house. He had prepared a will which the neighbors came over to witness.

“We did what we could for her given the circumstances,” he said, “but it was very tough.”•

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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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