Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: MONDAY, April 23, 1990 TAG: 9004230379
SECTION: VIRGINIA PAGE: A3 EDITION: EVENING
SOURCE: TRACY VAN MOORLEHEM STAFF WRITER
DATELINE: LENGTH: Medium
This could result in anything from minor intrusions and a limited loss of freedom to the complete loss of control in handling one's affairs if judged incompetent by the courts. A court-appointed guardian has total control over personal and financial decisions, according to Roanoke lawyer John Molumphy.
Guardianship can often be prevented, Molumphy said. And after watching hundreds of people cope with misfortunes Molumphy and a group of Roanoke lawyers have decided to spread the word.
In the past months, the group, sponsored by the Roanoke Bar Association, Virginia Women Attorneys Association and the Roanoke Law Library, among others, put together a program titled "It's Your Future." So far, the program has been presented to more than 500 people at 20 events, including meetings of senior citizens' groups, a walking club and the staff of a psychiatric facility.
Its message is simple but powerful: People who do not take preventive measures now risk losing their autonomy to others who may or may not try to follow their wishes. And even the most sympathetic of caretakers cannot duplicate the decisions people would have made for themselves.
"An ounce of prevention in this case is worth several pounds of cure," said Molumphy, a member of the committee that started working on the program in 1988.
The program includes posters, pamphlets and explanations about preventive measures such as:
Power of attorney, which gives someone authority to act on another's behalf if they become incapacitated.
Living trusts, which give power to a trustee or institution to manage another's estate.
Living wills, which carry out a person's wishes not to be kept alive by artificial means.
Representative payee, which enables a representative to receive government benefits and utilize them in the beneficiary's best interest.
Creating joint accounts for savings and setting up direct deposit for government checks are two simpler ways people can preserve autonomy while protecting their interests if they become unable to do handle their affairs, Molumphy said.
In 1988, the local Council of Community Services did a study of guardianship in the Roanoke Valley titled "Who's There to Take Care?" It found that although guardianship is the right solution in some cases, less-restrictive substitute decision-making is more desirable in many other cases. However, the study concluded, the public is largely unaware of these possibilities.
Molumphy sat on the committee that did the case study. He presented a proposal to the Bar Association to create a speakers bureau staffed by volunteer lawyers. The association gave its approval, as did the other local groups. Approximately 30 lawyers have volunteered to present the "It's your future" program.
The new public awareness may send customers - and revenue - to lawyers, but the motivation for the program was public service, he said.
"Lawyers always say, `I wish this person had got to me sooner.' When you see how awful things can be . . . and when you know about the alternatives, you want to spread the word."
The efforts have been broad-based, Molumphy said. He credited Clayne Calhoun, librarian of the Roanoke Law Library, with putting the materials together. The Roanoke chapter of the Virginia Women Attorneys Association has played a large role in presenting the program and has spread the word throughout Southwest Virginia, he said. The Legal Aid Society of Roanoke Valley and the League of Older Americans also have lent their support.
Calhoun invites interested groups to come to the library to do their own research or call her at the library at 981-2268 to schedule a speaker. The library is open from 8 a.m.-4:30 p.m. weekdays in the Roanoke City Courthouse.
by CNB