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Ventura Superior Court Elder Law Court Association for Criminal Justice Research October 17, 2008

Ventura Superior Court Elder Law Court Association for Criminal Justice Research October 17, 2008. Scott R. Jones, M.S.W., M.S.G., M.B.A., L.C.S.W. Senior Business Analyst-Elder Law Superior Court of California County of Ventura Hall of Justice - Room 3018 800 South Victoria Avenue

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Ventura Superior Court Elder Law Court Association for Criminal Justice Research October 17, 2008

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  1. Ventura Superior CourtElder Law CourtAssociation for Criminal Justice ResearchOctober 17, 2008 Scott R. Jones, M.S.W., M.S.G., M.B.A., L.C.S.W. Senior Business Analyst-Elder Law Superior Court of California County of Ventura Hall of Justice - Room 3018 800 South Victoria Avenue Ventura, California 93009 Tel:(805) 654-2671 Email: scott.jones@ventura.courts.ca.gov

  2. Future Calendars: Expected Age Related Changes in Ventura County • By the year 2020 – 12 years from now • People age 60+ expected to increase from 129,208 to 224,029 • 73% increase or by 94,821 people • People age 85+ expected to increase from 12,848 to 17,365 • 35%. increase or by 4,517 people • Expect Growth in Demand for Legal Services Concerning Older Adults • Local Legal and Older Adult Services Providers Response? California Department of Aging California (from the 2005-2009 State Plan on Aging)

  3. Elder Law Coordination Committee • ELCC Mission Statement • To ensure that older adults in this court are accorded a fair and reasonable voice in, and access to, the courts; and referrals between medical, social and legal services. • ELCC Members List include • Area Agency Aging, Grey Law, Deputy DA and DA Victim Services, County Counsel, Public Defender, APS, Behavioral Health, Police Chiefs, Long Term Care Ombudsman, Camarillo Health Care, Senior Concerns in T.O., VC Housing Authority, Private Elder Law Attorneys-VCBA, Financial Abuse Specialist Team and Ventura Court

  4. Ventura County Superior Court and Area Agency Aging Survey Survey of Ventura County Older Adults Legal Experiences and Interests

  5. Older Adult Survey Highlights (# 325) • Crime Victim within 5 years? 14% yes….38% did not report • Type of Abuse- Financial 47%, Criminal Case 22%, 16% blank • Aware of Legal Self Help?: • 41% yes (Grey Law) • 9% Court Self Help and 5% Used Court Self Help • 26% Aware of Adult Protective Services or APS • Used the Services of a Lawyer in last 10 yrs? 32% yes • Reasons Not: cost 39% • Lawyers rated: 86% positive experience • 3 Legal Services that would help me most… • Legal Hotline • Legal Guidebook • Low Cost Attorney Service • Free Wills & Estate planning

  6. Legal Concerns: Older Adults & Families • Timely & Affordable Access to the Court • Available in the Community -ie outreach • Elder Abuse and Neglect: • Under reporting problem • Conflicted Asset Transfers in Later Life: • Lack of succession planning • Premature asset transfers • Entitlement disputes • Independent dependent older adult • Capacity issues or Unbefriended older adults

  7. Outline Elder Law Court Proposed Projects • Design 2 Older Adult Courtrooms • Reorganize Court Calendars and Protocols • Modify Court Facilities • Older Adult Self Help in Community • Court Outreach- Court in Community • Build Referrals to Professional Services • Create Public & Professional Materials

  8. Building an Older Adult Court The Foundation and Structure

  9. Older Adult Court- Civil PHASE I- Court Design • Probate Calendar • Decedent Estates • Trusts and Wills • Conservatorship Cases • Elder and Dependent Adult Civil Restraining Orders PHASE II - Interagency Cooperation Necessary • LPS Conservatorships (WIC § 5350 Cases with Estates) • Behavioral Health, Public Defender, County Counsel • Older Adult Emergency Probate Appointment (PC § 2900) • Adult Protective Services, Public Guardian, Public Defender • Case examples PHASE TBA – Other Civil Matters • Priority Access for Older Adults under Code of Civil Procedure § 36 • Wrongful Death Cases and Elder Abuse

  10. Older Adult Court - Criminal • Phase III: Older Adult Criminal Court • Organized Criminal Case Calendars • Criminal Cases with Older Adults Victims • DA to set cases in designated court(s) • Priority Access for Older Adults under PC §1048 • Elder Abuse Penal Code §368 • Real Estate Fraud Perpetrated on Older Adults • Criminal Cases with Older Adults • DA or PD: request a “universal design” courtroom • Designed to accommodate seniors and disabled

  11. Older Adult Court Based Project List • Judges of Elder Law Committee • Modify Courtroom & Court Facilities – • Universal Design – USC School of Gerontology to assist in design • Sensory & Mobility Accommodations for Disabilities in late life • Modify Court Calendars Times & Court Protocols • Extend Self Help Center with Outreach- ie Senior Centers • Mobile Unit • Build Older Adult Expert Panels: Public and Private • Monitor Legal Representation – Fiduciaries • Mediation Services Expanded to Reach Out to Older Adults • Senior Centers, Skilled Nursing & Residential Care Facilities • Enhance Court Web Site for Older Adults-Families • Resource Guide and Professional Service Guide • Court Staff Training on Serving Older Adults • Support Elder Abuse Public Awareness Campaigns • Court Held in Community - Magistrate

  12. Older Adult Court - Community Projects • Court and Community Multidisciplinary Teams • RRT - Rapid Response Team - Older Adults • FAST- Financial Abuse Specialist Team • REFAT –Real Estate Financial Abuse Team • EDRT- Elder Death Review Team • Elder Abuse Council and Ventura County Partnership for Safe Families • Ventura County Interagency Protocol for Reporting, Investigation, Prosecution and Adjudicating Elder and Dependent Adult Abuse • Revision of 2001 Protocol Adding the APS, LTC, and Court to the Continuum of Service Model Concerning Elder Abuse • Elder Law Court Appointed Special Advocate – TBD • Assist seniors who may lack social support - Unbefriended elders • Elder Abuse Mandated Reporter Training Web Site - AAA, APS, Court • Older Adult Legal Resource Guide -Court and Area Agency on Aging • Supervised Visitation For Older Adults -Tri Counties Supervised Visitation • Develop Alternatives to Conservatorship - Representative Payee Referral • Elder Law Court Case Manager • ELCC Members Project Participation

  13. Research : Older Adults and the Court • Court and Legal Services Utilization by Older Adults • Cohort Differences • Public Information and Expectations About the Law • Court System Accessibility • Use of Technology and Information Systems • Effectiveness of Community Based Legal Services for Older Adults • Financial Elder Abuse • Mandated Reporting: Under Reporting Problem • Fiduciary Abuse – identification and verification • family, friend, stranger, professional • Physical Elder Abuse and “Domestic Violence” • Senior v. Senior - Physical Abuse

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