ILNews

Guardians program fulfills need

Back to TopE-mailPrintBookmark and Share

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.•

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  2. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  3. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  4. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

ADVERTISEMENT