The Role of Title III-B Legal Services

1. The Role of Title III-B Legal Services Sarah Galvan, Staff Attorney Justice in Aging

2. About Justice in Aging Justice in Aging is a national organization that uses the power of law to fight senior poverty by securing access to affordable health care, economic security, and the courts for older adults with limited resources. Since 1972 we’ve focused our efforts primarily on populations that have traditionally lacked legal protection such as women, people of color, LGBT individuals, and people with limited English proficiency.

3. About NCLER The National Center on Law and Elder Rights (NCLER) provides the legal services and aging and disability communities with the tools and resources they need to serve older adults with the greatest economic and social needs. A centralized, one-stop shop for legal assistance, NCLER provides Legal Training, Case Consultations, and Technical Assistance on Legal Systems Development. Justice in Aging administers the NCLER through a contract with the Administration for Community Living’s Administration on Aging.

4. Key Lessons • The population of older adults in poverty is growing and in need of quality legal assistance. • Attorney role includes: understanding relevant law and regulation and fierce advocacy to help clients navigate complex systems. • Elder law is very interdisciplinary and cuts across many aspects of a person’s life: housing, health care, economic security, family law. • Resources are available for attorney & non-attorney advocates through NCLER

5. 7.1 {Hidden} + 1M MORE IN NF MILLION SENIORS IN POVERTY Per Supplemental Poverty Measure NATIONAL NUMBERS

6. Legal Needs of Older Adults 56% Had at least one legal problem in a year period 10% Had 6+ legal problems in a year period Legal Services Corporation. 2017. The Justice Gap: Measuring the Unmet Civil Legal Needs of Low-income Americans.

7. Income Support {Hidden} Protection from Abuse Healthcare & LTSS Older adults need… Housing Support Food Assistance

8. Value of Legal Services for the Client Legal services is critical to help older adults age at home and in the community: • “[It is] clear that access to justice helps individuals and families secure basic necessities, like health care, housing, employment and education while also enhancing stability and increasing public safety.” 2016 White House Legal Aid Interagency Roundtable Report

9. Advancing Access to Justice & Safety Net Programs • When legal services are available they can be life saving, but many do not access legal help • Do not realize their problem has a legal solution • Unaware that they may be eligible for help • Aging services & supportive services often are front line providers • Issue spotting • Holistic and key for ongoing independence

10. The Older Americans Act (OAA) • Signed into law in 1965, alongside Medicare and Medicaid. • Created the national aging network. • Remains the foundational core of the aging network. • Services and programs targeted to the most socially and economically vulnerable older adults; OAA applies to older adults 60 and older.

11. Older Americans Act Title III-B Federal State Area Agency on Aging Local Providers: Nutrition, Legal, Transportation, and more • Title III-B of OAA establishes mandate for Area Agencies on Aging to fund legal assistance for older adults

12. III-B Legal Assistance & LSC • Requirement to coordinate with LSC-funded grantees • Some providers are LSC funded and receive III-B Funds • Many LSC restrictions are not applicable to legal assistance provided under the OAA • No specific income/asset restrictions (social or economic need) • Legislative and rulemaking advocacy on elder rights issues

13. Role of AAAs • AAAs fund legal assistance with an “adequate proportion” of its Title III-B funds (Sec. 306(2)(C)) • Minimum percentage and can give more • Enter into contracts with providers of legal assistance which can demonstrate the experience or capacity to deliver legal assistance (42 C.F.R. § 1321.71 ) • AAAs serve integrated roles: • Partnering • Issue spotting • Referrals • Integrated approach with consent of client

14. Scope & Mission of III-B Legal Assistance • Priority case types: • Income • Health care • Long-term care • Nutrition • Housing • Utilities • Protective services • Defense of guardianship • Abuse & neglect • Age discrimination • Provided to those with the greatest social and economic need

15. Greatest Economic & Social Need Section 102: The term ‘‘greatest economic need’’ means the need resulting from an income level at or below the poverty line. The term ‘‘greatest social need’’ means the need caused by noneconomic factors, which include— (A) physical and mental disabilities; (B) language barriers; and (C) cultural, social, or geographical isolation, including isolation caused by racial or ethnic status, that— (i) restricts the ability of an individual to perform normal daily tasks; or (ii) threatens the capacity of the individual to live independently.

16. External Data on Legal Needs • Most common civil legal problems faced by older adults (from Legal Services Corporation & New England Journal of Medicine) • Health (33%) • Consumer & Finance (23%) • Income Maintenance (13%) • Elder Abuse (10%) • OAA requires collaboration between III-B providers & LSC providers (Sec. 307 (a)(11))

17. Working Together • Regular cross-training is recommended • Learn what your partners do, what their guidelines are, hours, etc. • Points of Contact are important for emergencies • Develop referral systems • Understanding possible concerns • Confidentiality • Avoiding Conflicts • Client’s ability to consent–Capacity

18. Finding Your Local Legal Aid Providers • Elder Care Locator • Area Agency on Aging • LawHelp (by state) • State Legal Assistance Developer • Reach out to NCLER!

19. NCLER Resources

20. Trainings Case Consultation NCLER Offers Technical Assistance on Legal Services Capacity Building

21. NCLER’s Role in Legal and Aging Services • National focus on elder justice and elder rights • Unifies legal services resources into one, easy to find center • Trains legal services attorneys and front-line aging and disability networks to understand legal issues impacting older adults • Addresses need for technical assistance on systemic legal challenges, capacity building, and improvements to the legal services delivery system

22. NCLER Organizations • Justice in Aging: • Administers NCLER under a contract from the Administration on Community Living • NCLER Experts: • Justice in Aging • ABA Commission on Law and Aging • National Consumer Law Center

23. National Legal Training Curriculum Training Topics: • Health/LTSS • Economic Security • Consumer Protection • Housing • Advance Care Planning • Elder Abuse • Supported Decision Making • Guardianship

24. Case Consultations • NCLER provides free case consultation assistance for attorneys and professionals seeking more information to help older adults. 

25. Legal Services Capacity Building • Technical assistance to states and programs working to improve legal services development. • Outreach • Intake Systems • Partnerships • Reaching Rural/Isolated Older Adults • Resource support designed to enhance the quality, cost effectiveness, and accessibility of legal assistance and elder rights programs

26. Visit Our New Website: NCLER.acl.gov