Frequently Asked Questions
Q: Who can use the services
of Legal Hospice of Texas?
A: Legal Hospice of Texas provides free civil legal assistance and
counseling to residents of Dallas, Collin, Denton, Henderson, Hunt,
Rockwall, Kaufman, Ellis, Cooke, Navarro, Grayson, Hood, Parker,
Johnson, Tarrant and Fannin counties who
meet all three of the following:
- meet income guidelines established by funders,
- have a terminal illness, are HIV positive or have AIDS, and
- have legal problems related to their health problem.
Q: Can I walk in and talk to an attorney at any
time? Can I call in and talk to an attorney?
A: Attorneys see clients by appointment only. New clients must go
through an intake process to confirm client eligibility and to prepare a
client file. Each client file must be updated at least once a year.
Current clients with an up-to-date file may call in and speak with an
attorney.
Important Legal Documents
Q: Why should I have a will?
A: Wills allow you to designate who you would like to receive your
property when you die.
For example, let’s say you want your antique cookie jar to go to your best friend and not to Wacky Aunt Clara. A will lets you set it out in writing now, while you can do something about it. If you die without a will state laws will decide which of your relatives will receive your property. If you are gay or lesbian and you have a partner, a will can be used to give the partner legal rights regarding your property at the time of your death.
Q: What other documents might be important for me
to have?
A: In addition to a will, many people need the following documents:
1. Medical Power of Attorney
This document allows you to name someone that you trust to make health care decisions for you if you become unable to make them for yourself. For example, if you are in an accident and are taken to the emergency room unconscious, this document tells the doctors who to go to when medical decisions need to be made. The agent you appoint in this document will also be given access to you and to your medical records during the time you are unable to make decisions for yourself.2. Durable Power of Attorney
This document lets you name someone that you trust to take care of your financial matters if you become unable to do so. The person that you name could, for example, access your bank account in order to pay your bills or handle insurance matters.3. Directive to Physicians (Living Will)
This allows you to make decisions about certain health care treatments that you may or may not want in the event that you suffer from a terminal or irreversible medical condition. For example, if you do not wish to be put on life support, the Directive to Physicians lets you make that desire known.4. Appointment of an Agent to Control Disposition of Remains
This document lets you appoint someone to make decisions about what happens to your body after you die, for example, whether you are cremated or buried. Without this document most states assign this power to a person’s next-of-kin. This is therefore a very important document for individuals in same sex relationships or unmarried relationships because the state will not recognize a partner as a legal spouse.5. Declaration of Guardianship
If you have children that you are responsible for, this document is very important. It allows you to express you wishes regarding whom you want to serve as guardian for your children after your death. This document is used by the courts in making decisions regarding who should be appointed as the guardian or adoptive parent of a child.
Q: What How long does it take to complete these
documents?
A: First, we do what we call a “client intake” in order to qualify
you as a client. Then, we will complete a questionnaire to determine what
your wishes are regarding the documents and to obtain information we will
use to draft your documents. Together, these two steps take about an hour.
After the documents have been drafted a second appointment will be scheduled for you to meet with an attorney who will go over the documents with you to make sure they provide for your wishes. Once it is determined that the documents are complete, a notary and two witnesses are used to acknowledge the signing of your documents. This second visit will also take about an hour.
Special arrangements can be made for individuals who are bed-bound and cannot travel to our offices for appointments.
Social Security
Q: Do you assist with Social Security disability
issues?
A: Yes. We can answer questions about the disability programs
provided by the Social Security Administration, but we do not file on
behalf of clients for those programs. However, for individuals who have
been turned down for disability benefits by the Social Security
Administration, we may be able to provide assistance with an appeal.
Financial Problems
Q: Because of all my medical expenses, I can’t
keep up with my bills. Is a bankruptcy my only option? Is it my best
option?
A: We will need to look at your specific financial situation to
determine if a bankruptcy is your best option. For many individuals a
bankruptcy is not necessary.
Q: Collection agencies are calling me day and
night. Can you help?
A: Yes. We can assist you in making use of federal and state laws
which provide protection from collection agency calls
Housing
Q: Can my landlord evict me for nonpayment of
rent even if I have a doctor’s statement saying I am too sick to work?
A: Yes. Your lease is your contract with your landlord. If you
violate the terms of the lease by not paying your rent on time your
landlord has the right to ask a court to force you to move out. Very few,
if any, leases are going to say that you only have to pay rent if you are
feeling well and are able to earn a living. The courts are going to look
at and follow the wording in the lease and they are not going to pay much
attention to the reasons you are unable to pay the rent.
Q: Can you help if my landlord is discriminating
against me because I have AIDS or HIV?
A: Yes, we can. Such discrimination is illegal under the Fair
Housing Act.
Q: If I am applying for or currently using a
Section 8 Housing Voucher and having difficulties, can you help me?
A: Depending on the specific difficulty you are having, yes. We can
meet with you to talk about your situation and counsel you on the options
available to you.
Health Insurance
Q: I want to change jobs, but I’m afraid a new
employer will not provide me with health insurance since my HIV is now a
preexisting condition. Should I be concerned?
A: Under federal law an employer who provides group health
insurance to its’ employees cannot exclude an employee from the coverage
based on a disability or illness. Furthermore, as long as you do not go
for more than two months without health insurance coverage, you should be
given credit for your prior months of coverage and you may be able to
waive completely out of any preexisting condition wait period that your
new health insurance plan may include. It is always a good idea to have an
attorney or benefits specialist review your policies and benefits before
deciding to change employment.
Employment
Q: My boss is harassing me because I’m HIV
positive. Can you help?
A: You may be protected from such discrimination by the Americans
With Disabilities Act. We would need to obtain additional information to
advise you on this issue.
Q: I am adjusting to some new medications and the
side effects make it hard for me to do all the things my employer expects.
Can you help me?
A: Yes. We can meet with you to discuss your situation and review your
rights under the Americans With Disabilities Act and the Family Medical
Leave Act. When appropriate we can assist you in requesting a reasonable
accommodation from your employer to allow you to continue working.
Other Legal Questions
Q: Are there legal services that you do not
provide?
A: We do not handle litigation like divorces or law suits, criminal
issues, or any issues not related to your health. Unfortunately, we do not
have funds to pay any filing fees related to cases we might handle on your
behalf.
Q: I am having difficulties with another AIDS
service provider. What can I do?
A: Your options vary depending on the problem you are having and the
service provider. We can help you understand your legal rights and options
available in the Metroplex utilizing the network of AIDS service
providers, and if you have a complaint about services received or denial
of services, we can assist you with understanding and following
established grievance procedures.
Q: My father is terminally ill and is not able to
communicate well. Can you provide him with a will?
A: In order for us to provide a will for your father he must be able
to communicate with us on his own. He must be able to answer questions
about his wishes and understand the nature of the decisions he is making.
If your father is no longer able to communicate sufficiently to complete
these requirements, we will not be able to provide him with a will or
other estate planning documents.
Q: I have a friend who is a client of yours. I
have questions about her legal issues. Can I call you with my questions?
A: Usually no. We can only discuss your friend’s issues with you if
your friend has signed an authorization allowing us to communicate with
you.
