Older Americans Act Legal Services and Elder Rights in Oregon: Standards, Issue Spotting, and...

Older Americans Act Legal Older Americans Act Legal Services and Elder Rights Services and Elder Rights in Oregon:in Oregon:

Standards, Issue Spotting, and Standards, Issue Spotting, and Collaborative EffortsCollaborative Efforts

Fred Steele, MPH, JDFred Steele, MPH, JDOregon’s Legal Services DeveloperOregon’s Legal Services Developer

Affiliation with APSAffiliation with APS

Legislative Task ForcesLegislative Task Forces

What is a Legal Services Developer?

A position required in each state under the Older Americans Act (OAA)

Responsible for providing leadership in developing legal assistance programs for persons 60 years of age and older and provides oversight of the OAA Title IIIB legal assistance programs.

Plays a key role in assisting states in the development and the provision of a strong elder rights system.

Assures that at-risk older people understand their rights and have access to the civil justice system.

TopicsTopics

Legal Services as an aging programLegal Services as an aging program Standards for delivery of Older Americans Act (OAA) Standards for delivery of Older Americans Act (OAA)

legal serviceslegal services Issue Spotting: identifying potential legal issues for Issue Spotting: identifying potential legal issues for

referral to OAA legal services providersreferral to OAA legal services providers Suggestions for enhancing AAA collaboration with legal Suggestions for enhancing AAA collaboration with legal

services providersservices providers Methods for addressing broader elder rights issuesMethods for addressing broader elder rights issues

ObjectivesObjectives

Understand the basic expectations for Understand the basic expectations for implementing OAA legal servicesimplementing OAA legal services

Spot potential legal issues for referral to legal Spot potential legal issues for referral to legal services providersservices providers

Obtain potential strategies for enhanced Obtain potential strategies for enhanced collaboration with your legal services providers collaboration with your legal services providers (or local legal aid office)(or local legal aid office)

Identify potential methods for addressing the Identify potential methods for addressing the broader topic of broader topic of elder rightselder rights in your local area in your local area

Why Legal Services via the Why Legal Services via the Older Americans Act?Older Americans Act?

OAA Title IOAA Title IDeclaration of Objectives for Older AmericansDeclaration of Objectives for Older Americans

““The Congress hereby finds and declares The Congress hereby finds and declares that … the older people of our Nation are that … the older people of our Nation are entitled to …:”entitled to …:” ““Freedom, independence, and the free exercise of individual Freedom, independence, and the free exercise of individual

initiative in planning and managing their own lives, full initiative in planning and managing their own lives, full participation in the planning and operation of community based participation in the planning and operation of community based services and programs provided for their benefit, and services and programs provided for their benefit, and protection against abuse, neglect, and exploitation.”protection against abuse, neglect, and exploitation.” (Objective #10)(Objective #10)

An OAA Priority Service

It is required that a state plan “contains It is required that a state plan “contains assurances that area agencies on aging assurances that area agencies on aging will give will give prioritypriority to legal assistance to legal assistance related to income, health care, ….”related to income, health care, ….”

Legal services must be INTEGRATED Legal services must be INTEGRATED into & COORDINATED with broader into & COORDINATED with broader aging servicesaging services

Why Integrated & Coordinated?Why Integrated & Coordinated?

Holistic view of client servicesHolistic view of client services Integrated point of entryIntegrated point of entry Treating the cause rather than the symptomsTreating the cause rather than the symptoms Many people are reluctant to admit they have Many people are reluctant to admit they have

legal problemslegal problems There may be a pattern of problems that need There may be a pattern of problems that need

systemic advocacysystemic advocacy

TopicsTopics





Legal Services StandardsLegal Services Standards

2006 Policy Transmittal2006 Policy Transmittal SPD-PT-06-001 (issued: 1/3/2006)SPD-PT-06-001 (issued: 1/3/2006) see SUA websitesee SUA website

Standards address:Standards address: Priority Legal Issue AreasPriority Legal Issue Areas TargetingTargeting Roles & Responsibilities of:Roles & Responsibilities of:

Legal Services ProvidersLegal Services Providers AAAsAAAs SUA & the Legal Services DeveloperSUA & the Legal Services Developer

Priority Legal Issue AreasPriority Legal Issue Areas

IncomeIncome Health careHealth care Long-term careLong-term care NutritionNutrition Housing and UtilitiesHousing and Utilities Defense of guardianshipDefense of guardianship Abuse, neglect, exploitationAbuse, neglect, exploitation Age discriminationAge discrimination

TargetingTargeting

Legal Assistance must be targeted to the Legal Assistance must be targeted to the most vulnerablemost vulnerable ““social or economic need”social or economic need” Not means testedNot means tested

Almost by definition, the most vulnerable Almost by definition, the most vulnerable populations are the most difficult to reach populations are the most difficult to reach and serveand serve

Most Vulnerable

Long-term care facility residents Persons w/ chronic health problems Persons w/ difficult access to health care Homeless Institutionalized Persons with language barriers Protected persons

Guardianship, conservatorship, POA, Rep. Payee Victims of elder abuse Physically Isolated

Targeting through Barriers

The AAAs & Legal Services Providers should jointly develop plans to achieve: Accessibility Outreach Community legal education

Legal Assistance Developer as a resource

Providers Roles & ResponsibilitiesProviders Roles & Responsibilities

Direct representationDirect representation in legal matters in legal matters 27 “standards” of expectations:27 “standards” of expectations:

Be licensedBe licensed Experience in elder lawExperience in elder law CLECLE Accessible servicesAccessible services ……

Provider Roles cont’d

Provide community legal education Measure and report client satisfaction to

the AAA Work with the AAA to develop targeting

plans

AAA Roles & Responsibilities

Ensure legal assistance services are available throughout planning and service area

Work with your legal provider on targeting plans

Monitor the legal program annually Work with provider in establishing local

goals for legal assistance / elder rights

Legal Services Developer Roles & Responsibilities

Provide technical assistance, training and supportive functions to AAAs & legal service providers

Reviewing area plans Meet annually with AAA contract managers Provide leadership for coordination of elder

rights advocacy Regularly update the Standards

TopicsTopics





Spotting Legal IssuesSpotting Legal IssuesSlides Courtesy of the ABA Commission on Law & AgingSlides Courtesy of the ABA Commission on Law & Aging

Treating the cause rather than the symptomsTreating the cause rather than the symptoms Many non-legal problems are caused by underlying Many non-legal problems are caused by underlying

issues with legal solutionsissues with legal solutions

Many legal problems are not obviousMany legal problems are not obvious Many people are reluctant to admit that they Many people are reluctant to admit that they

have “legal problems” have “legal problems” A pattern of problems may lead to a legal A pattern of problems may lead to a legal

problem with access to services and systems problem with access to services and systems

Spotting Legal IssuesSpotting Legal Issues

The easy callsThe easy calls I need to talk to a lawyerI need to talk to a lawyer I need a divorceI need a divorce I need a will or power of attorneyI need a will or power of attorney I am being suedI am being sued I am being evictedI am being evicted


Looking for underlying causesLooking for underlying causes Social or health care problems that are Social or health care problems that are

being caused or aggravated by an being caused or aggravated by an underlying legal problemunderlying legal problem i.e., chronic ear infection → landlord providing i.e., chronic ear infection → landlord providing

intermittent heat in winter → fix the heat problem intermittent heat in winter → fix the heat problem and the ear infections become less frequentand the ear infections become less frequent

i.e., caller needs help with food or utility billsi.e., caller needs help with food or utility bills


DebtsDebts Car loans, mortgages, default balances, credit Car loans, mortgages, default balances, credit

cards, loans, judgments/collectionscards, loans, judgments/collections Notice of garnishment (time sensitive)Notice of garnishment (time sensitive)

Housing problemsHousing problems Notice to vacate, locks changed, conditions of Notice to vacate, locks changed, conditions of

home/apartment uninhabitablehome/apartment uninhabitable Utilities being shut-off or already offUtilities being shut-off or already off

Benefits being reduced, termination noticeBenefits being reduced, termination notice

Red FlagsRed Flags

Client being urged to sign somethingClient being urged to sign something Property transfers contemplatedProperty transfers contemplated Court papers receivedCourt papers received Concern for safety expressedConcern for safety expressed Credit “repair”Credit “repair” Home loans / short-term loansHome loans / short-term loans Home as securityHome as security

Urgent Legal IssuesUrgent Legal Issues

Domestic violenceDomestic violence Caregiver neglectCaregiver neglect Physical abusePhysical abuse Financial exploitationFinancial exploitation Self-neglectSelf-neglect

Spotting OAA Priority IssuesSpotting OAA Priority Issues

IncomeIncome Health careHealth care Long-term careLong-term care NutritionNutrition Housing and UtilitiesHousing and Utilities Defense of guardianshipDefense of guardianship Abuse, neglect, exploitationAbuse, neglect, exploitation Age discriminationAge discrimination

TopicsTopics





Collaborating with your Legal Services Providers

Is your legal service provider: Involved in your community needs

assessments? Involved in your area planning? Participating in your regular provider

meetings? Training your I&R staff on properly

identifying legal needs of seniors?

TopicsTopics





What are “Elder Rights”?What are “Elder Rights”?

See again, OAA Title I, objective 10:See again, OAA Title I, objective 10:““Freedom, independence, and the free Freedom, independence, and the free exercise of individual initiative in planning and exercise of individual initiative in planning and managing their own lives….”managing their own lives….”

OAA Title VII Elder Rights OAA Title VII Elder Rights Protection ActivitiesProtection Activities

Long Term Care OmbudsmanLong Term Care Ombudsman Legal Services DeveloperLegal Services Developer Prevention of elder abuse programsPrevention of elder abuse programs

Elder Rights PartnersElder Rights Partners

APSAPS Long Term Care OmbudsmanLong Term Care Ombudsman

Deputies & volunteer Certified OmbudsmanDeputies & volunteer Certified Ombudsman

Multi-Disciplinary Teams (MDTs), especially LEA & DAsMulti-Disciplinary Teams (MDTs), especially LEA & DAs SHIBASHIBA RSVP (Retired Senior Volunteer Program)RSVP (Retired Senior Volunteer Program)

PeersPeers

Money Management (Easter Seals)Money Management (Easter Seals) Legal communityLegal community

Service Providers (III-B & other) / Judges / Elder law attorneysService Providers (III-B & other) / Judges / Elder law attorneys

Banks / Credit UnionsBanks / Credit Unions Senior CentersSenior Centers Medical professionals (MDs, PharmDs, RNs, etc)Medical professionals (MDs, PharmDs, RNs, etc)

Collaborative Examples

R2T2 (Retiree Response Technical Team)R2T2 (Retiree Response Technical Team) Southern Oregon Financial Fraud & Security Southern Oregon Financial Fraud & Security

Team (www.soffast.org)Team (www.soffast.org) MultnomahMultnomah

Interagency Committee for Abuse PreventionInteragency Committee for Abuse Prevention FASTFAST

Cross-disciplinary training/educationCross-disciplinary training/education

Next Steps

Legal Services Program Re-visit State Standards Data reporting? Incorporation into elder rights programs

Elder Rights ↑ community-based care Assistance needed in your area?

Questions??

Fred Steele

503-945-6325

[email protected]

Older Americans Act Legal Services and Elder Rights in Oregon: Standards, Issue Spotting, and...

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