A Benefit for Gigi’s Playhouse, Indianapolis

As an extension of her law practice, Stasia regularly performs at musical events benefitting local organizations who support elders and children with special needs.

“Such A Night,” presented by Eskenazi Health, will be held on the evening of January 12th, 2019, at the Hi-Fi in Indianapolis.

Proceeds from this event will benefit our friends with Gigi’s Playhouse Indianapolis, and several wonderful local and regional performers will be recreating the music from The Band’s “Last Waltz.”

Stasia will be appearing as Emmylou Harris for the evening.

Hope that you can join us for good music by good people for a GREAT cause!

Happy New Year

Happy New Year to you and yours!

Here’s to eating clean, moving more, being more intentional with time, and getting those little ducks in a row.

We usually get a deluge of estate planning inquiries in January as people make good on those resolutions.

Let us know if we can help.

Home for the Holidays?

Planning travels to see family in the coming weeks?

In between cookie baking and movie marathons, many clients have shared that these visits are a good time to take stock of any changes in an elder loved one’s health, appearance, or environment.

If you notice changes during your visit, try to gently assess the circumstances while you’re together to determine if help is needed.

We’re here to serve as an elder law resource, but we’re also happy to serve as “connectors” to other community resources for your family.

Safe travels and warm wishes during your holiday season . . .

All Access Pass-Providing Additional Benefits for Hoosiers Receiving Medicaid

Public Service Announcement:

We attended Winterlights at Newfields this weekend-just one of countless wonderful holiday activities around Indy. It was breathtaking.

If someone in your family receives health care via Medicaid or participates in certain other state assistance programs, then you should definitely know about the Access Pass!

Here’s how it works-Families that meet the requirements can visit all participating locations (think Winterlights, The Children’s Museum, Conner Prairie, The Eiteljorg, etc) for just $2 per family member per visit, for up to two adults and dependent youth living in the household.

We love seeing increased accessibility for these sorts of cultural events.

(And-in related news- we also love seeing increased accessibility for legal services-which is a major motivator for what we do.)

Learn more about the Access Pass Program here.

Happiest of holidays to you and yours.

 

Thankful for the “Helpers”

In this season of Thanksgiving, it occurs to us that we regularly have the privilege of working with and knowing some pretty selfless and incredible “helpers” in our community.

Our clients are grandparents, aunts, uncles, moms, dads, and dear friends who care for vulnerable children, enable elders to remain in their homes, serve as legal guardians, and support people with disabilities (while still encouraging their autonomy.)

It’s very possible that YOU are one of these people.

If so, we want you to know that we see you. We are grateful for you.Your efforts are not invisible. They are, in fact, life-changing.

We are thankful for your hands that help.

Wishing you and yours a lovely and peaceful Thanksgiving…

Estate Planning for Young Adults

Independence and Autonomy: Supported Decision-Making for People with Disabilities

Although we regularly assist families with adult guardianship proceedings, our first line of inquiry is always how we can best encourage the independence and autonomy of a person with a disability.

Supported Decision-Making (SDM) is a way that some people with disabilities (or any of us, really) can use available supports to make their own choices and direct their own lives.

In SDM, the person with a disability chooses a group of people (“supporters”) who help the person make decisions. The person with a disability, however, makes the final decision.

The relationship between the person and his or her supporters can be written in a Supported Decision-Making Agreement. The agreement can then be used to show other people (like schools, doctors, or service providers), who can be involved in the decision-making process. It also helps to make sure that the person’s supporters are all on the same page about how to best support them.

SDM can be used alone or even in the context of a guardianship, where another person is appointed by a court to help.

Questions about Supported Decision-Making or guardianships?

We can help.

A Word about Ethics and Elders

Are you a kinship caregiver providing care to a senior family  member or friend?

It’s normal for families to have a myriad of questions about issues such as long term care, estate/Medicaid planning and guardianship when they first enlist the services of an elder law attorney.

One important ethical consideration for families to understand is that elder law advocates must clearly set forth who the actual client is. Depending on the circumstances, the client may be the se­nior, the caregiver, or even both (the family).

This delineation is very important because it will inevitably affect the way that an attorney can interact with involved parties. Keep in mind that, under the vast majority of circumstances, an attorney can’t share information about his or her client with another party without the client’s (preferably written) permission to do so. That said, the attorney may still be able to accept information from you without providing information to you.

This can be a delicate proposition for parties on both ends of the phone, but we always do our best to respect a senior client’s right to client confidentiality and self-determination while recognizing that, as time passes, roles can change.

 

 

 

News/Community Involvement-Pam’s Party

As an extension of her law practice, Stasia regularly performs at musical events benefitting local organizations who support elders and individuals with special needs.

“Pam’s Party: A Joy’s House Open House” will be held next week-on the evening of Thursday, July 26th @ 6:30pm at Joy’s House in Broad Ripple Village. It’s a celebration to honor caregivers and Guests/potential new Guests.

This open house is free to attend, but you may wish to bring cash for supper and activities, which will be available for purchase.

Hope to see you there!

p.s. Little people are especially welcome to try out the accordion, guitar, shakers, or mandolin at the “instrument petting zoo!”

Talking about Health Care Choices Won’t Kill You-Changes to Indiana Medical Consent Laws

July 1st, 2018 marks the implementation of several common-sense changes that the Indiana Legislature recently made to Indiana’s medical consent statute (I.C. 16-36-1-1 et. seq.)

If a person becomes incapable of making their own health care choices and doesn’t have written advance directives in place, Indiana law now has the following “priority order” of people who can make these choices on an individual’s behalf:

  1. A judicially appointed guardian of the person
  2. Spouse
  3. Adult Child
  4. Parent
  5. Adult sibling
  6. Grandparent
  7. Adult grandchild
  8. Nearest relative in next degree of kinship who is not listed in sections 2-7
  9. Friend who:
    1. Is an adult;
    2. Has maintained regular contact with the individual and;
    3. Is familiar with the individual’s activities, health and religious or moral beliefs.
  10. The individual’s religious superior, if the individual is a member of a religious order

If there’s more than one member of a voting group, then they must try to reach a collaborative consensus.  If they can’t agree, then the majority rules.

The new law also specifies that the following people can’t make health care decisions:

  1. A spouse if the individual legally separated (or the spouse is the reason that the individual is hospitalized.)
  2. A person who is subjected to a protective order involving the individual
  3. A person who is subjected to pending criminal charges involving the individual
  4. A person the individual intentionally excluded when he or she signed advance directives

So, what practically happens when there is no advance directive and a person can’t consent to healthcare?  In that case, the person’s care providers are required to conduct a “reasonable inquiry” to determine who can consent.

The good news?  By naming a health care representative or a health care power of attorney, you can take charge of these choices yourself and decide who will speak for you if you can’t. We can help.

Good health is such a very precious thing. So eat your veggies, do some yoga, and be empowered!

Talking about health care choices won’t kill you.