April 2007
PRO BONO WILL PROGRAM INVITES ATTORNEYS TO GIVE PEACE OF MIND
BY ALEXANDERIA L. MASON, ESQ.
After re-reading Harper Lee’s To Kill a Mockingbird, in which small-town attorney Atticus Finch prepares old and ailing Ms. Dubose for imminent death, I reflect on the attorney’s ability to bring aid to the dying process. Cantankerous Ms. Dubose calls Atticus after the doctor has given her a month to live. Atticus confirms that her “papers” are in order and further aids his elderly client in overcoming a long-time morphine addiction so that she can pass away “beholden to no one and nothing.”
Harper Lee’s 1930s fiction is a celebrated inspiration for civil rights litigators. It offers meaning for will and estate planners as well. The disposition of an estate, large or small, may preoccupy the dying person. Lawyers minister the material process of dying.
Today in Reno a man is preparing to die. At the Senior Law Project, I receive calls from many people preparing to die, but this man knows he will die soon. On his way into hospice care, he calls me to provide him peace of mind regarding his will. More often called to war than to peace, I am happy to help provide peace of mind.
Another client calls, this time from the hospital. Her husband is on life support, but not for long. She wonders what to do. His will is in order. The Senior Law Project doesn’t offer probate services but I give general advice about living wills, surviving a joint tenancy, and contacting a funeral home.
Simple wills are only one of many services the Senior Law Project provides for numerous seniors over the age of 60 each year, and are the focus of a pro bono program enabling members of the private or public bar to complete their twenty hours of service required by Nevada Rule of Professional Conduct 6.1 in an effective and efficient manner. The Senior Law Project routes low income seniors, requiring simple wills only –no trusts or other estate planning – to a volunteer attorney for an appointment, after which a simple will can be prepared and executed.
Income guidelines protect the program resources by excluding seniors with more than $1,527 monthly income for a single person, $2,057 for a couple, or more than $50,000 in assets, excluding a primary residence. A “one will per year” policy protects program resources from seniors with overly active testamentary capacity. The client contacts the Senior Law Project and is required to complete an intake form, questionnaire and an acknowledgement of the terms of services. After the client returns those forms to us, we forward the file to a pro bono attorney who has agreed to prepare a will that month and send a letter to the client requesting that they contact the attorney within 30 days or decline the appointment so that it can be offered to someone else. The attorney-client relationship is with the Senior Law Project, with the pro bono attorney acting on our behalf.
Volunteer attorneys prepare one or two wills each month. Some attorneys include a living will, durable power of attorney for healthcare, and durable power of attorney for financial management. The additional services are optional for the pro bono attorney.
The pro bono will program is currently producing six to 20 wills per month. We currently have 17 participating attorneys. The program is also a source of referrals of paying clients for those attorneys. When seniors are not income-qualified for our services or require more service than a simple will, we offer them three names randomly selected from our list of attorneys requesting referrals. The program is advertised in the senior center newsletter, website and through brochures placed in the senior center, in nursing homes and at the courthouse.
The Senior Law Project has a current need for pro bono attorneys willing to make house calls. Frequently a senior makes contact with us when death is imminent and a physician or other care provider refers the senior to us. We handle the most urgent cases on an in-house basis, but staffing limitations do not allow us to provide this service to everyone who needs it.
“Not to worry.” Atticus’ bedside manner is quoted by his third-grade daughter, Jean Louise. “[I]t takes a long time sometimes . . . [we’ll] ride it out together.” Jean Louise understood that her father’s power sprang from his service to his clients, the service of stepping into their shoes and taking a look at the world from their point of view. A close-up look at death is an experience that all people will share. The man on his way to hospice and the wife on her way to widowhood see an end-of-life unknown all around them in a way they have never experienced it before. Attorneys are trained to offer some guidance through the transition. We at the Senior Law Project invite you to join us in drawing strength from service.
Alexanderia L. Mason is one of two full-time in-house attorneys at the Washoe County Senior Law Project (SLP). The SLP is a grant-funded legal aid provider administered by the Washoe County Senior Center. The SLP addresses over 2,000 legal problems annually in the housing, consumer, public benefits, health care access, elder rights and basic life planning areas of law. We are located at 1155 East Ninth Street in Reno and can be reached by phone at (775) 328-2592 or via e-mail at amason@washoecounty.us.