The Remedy Project
Date: June 27, 2011

The devastating news presented an unthinkable situation. Hollis, a single mom of three children, was dying of breast cancer, and there was no one to care for her children after her death. Luckily, Ansley Barton, an attorney with The Remedy Project, is the champion of unthinkable situations.

The Remedy Project is a partnership between Floyd and Georgia Legal Services. It provides free services to help people overcome obstacles to their wellbeing such the ability to receive proper nutrition, accommodations in schools for children with disabilities, financial issues and even personal safety. Those who receive help must be financially eligible to receive the free assistance.

In this instance, Hollis, a hospice patient, needed to know that her children would have a home after she died.

“Many of my referrals in The Remedy Project have come from hospice,” Ansley said. “It’s very hard to talk to people about losing their children, and it’s hard to talk to people about all the things concerning them when they should be finding some peace.

“But, it is also very rewarding to feel like you helped with that, that you brought some kind of sanity to the situation for them.”

Ansley met Hollis in June of 2010. Her primary concern was for her children, who were 16, 13 and 11. Divorced for over 10 years, neither she nor her children had seen their father in a decade. The youngest had no memory of his father, who owed $50,000 in unpaid child support and had made no effort to be a part of the children’s lives.

At first, Hollis thought it would be best if their dad became the custodial parent after her death. As the surviving parent, he would have had absolute parenting rights, but after learning more about his life, Hollis decided she wanted her children to be raised by her older brother. Her brother didn’t have a lot of money, but he was married and stable, the patriarch of a large family. And, his oldest child has completed college–a comforting sign for a mom with few options.

When Hollis died in February of 2011, Ansley set everything in motion to have Hollis’ last wishes carried out. But life is never that simple. Out of concern that once the mother died, given the father’s history of neglect, the children would be ”deprived,” within the meaning of the law, juvenile court and the Department of Family and Children’s Services (DFCS) became involved, resulting in the need for more legal services from Ansley.

It took a while, but with the probate and juvenile courts in agreement, Ansley was able to file the guardianship papers on behalf of the uncle in probate court. If the children’s father objected, there was genuine concern that the mother’s wishes might not be honored.

During this time, Hollis’ ex-husband, who lived hundreds of miles away, had begun to call his children and had told them he was coming to get them.

“They were so filled with uncertainty,” Ansley said. “They didn’t know if their dad was going to show up, and they didn’t want to go with him.”

DFCS intercepted the children’s father and arranged for a meeting where DFCS workers talked to him about his failure to provide child support and questioned the home life he would have provided. He decided it was in his own best interest and in the interest of his children that they go live with their uncle.

The case is only just now coming to a close. The probate court judge, the school counselors who had been very involved in the case and others charged with looking after the children’s well being decided it would be best for them to finish the school year before moving. Hollis’ would have been proud. Despite the events of the past months, all three finished the year with excellent grades, and the extra time gave their uncle the opportunity to move to larger home to get everything ready for them.

Next month, the children will travel across the country to a new home and a new life, maybe not the remedy they would have hoped for, but certainly the best possible in an unthinkable situation.

ABOUT THE REMEDY PROJECT: The Remedy Project is a partnership between Georgia Legal Services and Floyd Medical Center. Its broad mission is to provide assistance to individuals who have a legal issue that involves their well being and may not have the financial resources to engage an attorney. Attorneys with The Remedy Project provide legal services for eligible patients and seminars for health care professionals. Ansley Barton, attorney for The Remedy Project, has prepared wills for dying patients, helped a child who is a transplant recipient receive special accommodations in her school and helped patients gain approval for disability payments, as well as helping with guardianships, advance directives, and financial affidavits. “Health and wellbeing includes a wide variety of factors in addition to medical care,” Ansley said. “It includes nutrition, housing, safety, support and education.”

The Remedy Project has enjoyed the support of many people at Floyd Medical Center.  Dan Sweitzer and Wade Monk were the early champions.  Dr. Dan Robitshek has become the “medical champion” for the project.  Ricky Knight has been an invaluable supporter and shepherded Ansley through the start-up of the project.  Dr. Darrell Dean, along with Linda Wilhelm, arranged for a continuing medical education program on medical/legal partnerships.  Most recently, Ansley has been in conversation with Dr. Frank Don Diego and Nancy Lary about the possibility of extending services to the Floyd County Clinic.  The project would not be possible without the support of Director Phyllis Holmen and lawyers at Georgia Legal Services.

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