Older Americans Act Legal Services and Elder Rights in Oregon:

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

2. Fred Steele, MPH, JD Oregon’s Legal Services Developer Affiliation with APS Legislative Task Forces

3. 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.

4. Topics • Legal Services as an aging program • Standards for delivery of Older Americans Act (OAA) legal services • Issue Spotting: identifying potential legal issues for referral to OAA legal services providers • Suggestions for enhancing AAA collaboration with legal services providers • Methods for addressing broader elder rights issues

5. Objectives • Understand the basic expectations for implementing OAA legal services • Spot potential legal issues for referral to legal services providers • Obtain potential strategies for enhanced collaboration with your legal services providers (or local legal aid office) • Identify potential methods for addressing the broader topic of elder rights in your local area

6. Why Legal Services via the Older Americans Act?

7. OAA Title IDeclaration of Objectives for Older Americans • “The Congress hereby finds and declares that … the older people of our Nation are entitled to …:” • “Freedom, independence, and the free exercise of individual initiative in planning and managing their own lives, full participation in the planning and operation of community based services and programs provided for their benefit, and protection against abuse, neglect, and exploitation.” • (Objective #10)

8. An OAA Priority Service • It is required that a state plan “contains assurances that area agencies on aging will give priority to legal assistance related to income, health care, ….” • Legal services must be INTEGRATED into & COORDINATED with broader aging services

9. Why Integrated & Coordinated? Holistic view of client services Integrated point of entry Treating the cause rather than the symptoms Many people are reluctant to admit they have legal problems There may be a pattern of problems that need systemic advocacy

10. Topics Legal Services as an aging program Standards for delivery of Older Americans Act (OAA) legal services Issue Spotting: identifying potential legal issues for referral to OAA legal services providers Suggestions for enhancing AAA collaboration with legal services providers Methods for addressing broader elder rights issues

11. Legal Services Standards • 2006 Policy Transmittal • SPD-PT-06-001 (issued: 1/3/2006) • see SUA website • Standards address: • Priority Legal Issue Areas • Targeting • Roles & Responsibilities of: • Legal Services Providers • AAAs • SUA & the Legal Services Developer

12. Priority Legal Issue Areas • Income • Health care • Long-term care • Nutrition • Housing and Utilities • Defense of guardianship • Abuse, neglect, exploitation • Age discrimination

13. Targeting • Legal Assistance must be targeted to the most vulnerable • “social or economic need” • Not means tested • Almost by definition, the most vulnerable populations are the most difficult to reach and serve

14. 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

15. 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

16. Providers Roles & Responsibilities • Direct representation in legal matters • 27 “standards” of expectations: • Be licensed • Experience in elder law • CLE • Accessible services • …

17. Provider Roles cont’d • Provide community legal education • Measure and report client satisfaction to the AAA • Work with the AAA to develop targeting plans

18. 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

19. 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

20. Topics • Legal Services as an aging program • Standards for delivery of Older Americans Act (OAA) legal services • Issue Spotting: identifying potential legal issues for referral to OAA legal services providers • Suggestions for enhancing AAA collaboration with legal services providers • Methods for addressing broader elder rights issues

21. Spotting Legal IssuesSlides Courtesy of the ABA Commission on Law & Aging • Treating the cause rather than the symptoms • Many non-legal problems are caused by underlying issues with legal solutions • Many legal problems are not obvious • Many people are reluctant to admit that they have “legal problems” • A pattern of problems may lead to a legal problem with access to services and systems

22. Spotting Legal Issues • The easy calls • I need to talk to a lawyer • I need a divorce • I need a will or power of attorney • I am being sued • I am being evicted

23. Spotting Legal Issues • Looking for underlying causes • Social or health care problems that are being caused or aggravated by an underlying legal problem • i.e., chronic ear infection → landlord providing intermittent heat in winter → fix the heat problem and the ear infections become less frequent • i.e., caller needs help with food or utility bills

24. Spotting Legal Issues • Debts • Car loans, mortgages, default balances, credit cards, loans, judgments/collections • Notice of garnishment (time sensitive) • Housing problems • Notice to vacate, locks changed, conditions of home/apartment uninhabitable • Utilities being shut-off or already off • Benefits being reduced, termination notice

25. Red Flags Client being urged to sign something Property transfers contemplated Court papers received Concern for safety expressed Credit “repair” Home loans / short-term loans Home as security

26. Urgent Legal Issues • Domestic violence • Caregiver neglect • Physical abuse • Financial exploitation • Self-neglect

27. Spotting OAA Priority Issues Income Health care Long-term care Nutrition Housing and Utilities Defense of guardianship Abuse, neglect, exploitation Age discrimination

28. Topics Legal Services as an aging program Standards for delivery of Older Americans Act (OAA) legal services Issue Spotting: identifying potential legal issues for referral to OAA legal services providers Suggestions for enhancing AAA collaboration with legal services providers Methods for addressing broader elder rights issues

29. 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?

30. Topics Legal Services as an aging program Standards for delivery of Older Americans Act (OAA) legal services Issue Spotting: identifying potential legal issues for referral to OAA legal services providers Suggestions for enhancing AAA collaboration with legal services providers Methods for addressing broader elder rights issues

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

32. OAA Title VII Elder Rights Protection Activities Long Term Care Ombudsman Legal Services Developer Prevention of elder abuse programs

33. Elder Rights Partners • APS • Long Term Care Ombudsman • Deputies & volunteer Certified Ombudsman • Multi-Disciplinary Teams (MDTs), especially LEA & DAs • SHIBA • RSVP (Retired Senior Volunteer Program) • Peers • Money Management (Easter Seals) • Legal community • Service Providers (III-B & other) / Judges / Elder law attorneys • Banks / Credit Unions • Senior Centers • Medical professionals (MDs, PharmDs, RNs, etc)

34. Collaborative Examples • R2T2 (Retiree Response Technical Team) • Southern Oregon Financial Fraud & Security Team (www.soffast.org) • Multnomah • Interagency Committee for Abuse Prevention • FAST • Cross-disciplinary training/education

35. 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?

36. Questions?? Fred Steele 503-945-6325 fred.b.steele@state.or.us