Finding Legal Help
Q. Are there any legal services that serve just older people?
A. Yes, older adults benefit from a wide variety of legal services. One small but
growing area of specialization among private attorneys has become known as “elder law.”
Elder law attorneys focus on the legal needs of the elderly and work with a variety of legal
tools and techniques to meet these needs.
An elder law practitioner typically handles general estate planning matters and
counsels clients about planning for incapacity with alternative decision making
documents. The attorney might assist the client in planning for possible long-term care
needs, including nursing home care, locating appropriate types of care, coordinating
public benefits and private resources to finance the cost of care, and working to ensure the
client’s right to quality care.
The National Academy of Elder Law Attorneys (NAELA) can provide more
information about attorneys who specialize in elder law. In addition, NAELA can provide
consumer information about what questions to ask an attorney to make sure he/she can
meet your legal needs. NAELA is located at 1604 N. Country Club, Tucson, AZ 85716;
602-881-4005, or on the Internet at www.naela.org.
Publicly funded legal services are also available through programs funded under
the Older Americans Act. These programs have attorneys, paralegals, and advocates who
specialize in the rights of older persons. Your state or local agency on aging can refer you
to these programs.
State and local bar associations may also have information about programs for
older persons that provide referrals or legal services on a pro bono basis. (Pro bono
programs operate for the good of the public and do not charge lawyer’s fees.)
Q. I am having a problem with a local department store over some invalid
credit card charges. Do I really need a lawyer to resolve this issue?
A. Before hiring a lawyer, consider other sources of help. You may be able to get
help from a consumer protection agency run by your state or county. Many law schools
offer legal clinics that can provide free or low-cost help. Some stores and utility
companies have their own consumer complaint departments. Mediation and conciliation
programs may be able to resolve your problem without requiring you to go to court or hire
a lawyer. Check with the district attorney’s office, city hall or the area agency on aging.
Q. My insurance company won’t pay a claim. Is there anything I can do short
of suing?
A. Many insurance programs provide an opportunity to provide additional
information about the claim and may provide for impartial hearings. These may be done in
writing or in person. Check with the Insurance Commissioner’s Office in your state about
how such disagreements might be resolved. Make sure your personal insurance agent is
aware of the problem. He or she wants to retain your business and may provide extra help.
For problems in specific fields, bankers, accountants, real estate brokers, and
stockbrokers may be able to help. But don’t rely entirely on these individuals. If they can’t
resolve your problems, see a lawyer. A lawyer can discuss possible actions other than
lawsuits.
Q. Do I need to be poor to get any of these legal services?
A. Some bar-sponsored programs may be limited to people with low incomes.
Services offered through the Older Americans Act do not have income requirement.
You can find out more by contacting your local agency on aging or bar association.
Before You Hire a Lawyer
If you need a lawyer, you should ask some questions before hiring one. Ask about
the lawyer’s experience and the kinds of law he or she specializes in. Ask who will be
working on your case. Ask how fees are computed and what the lawyer’s estimate is for
the total time and cost of handling your case. Ask about what the attorney thinks is
necessary to complete what you need and whether there are alternatives. Ask how you can
participate (you can save money by doing some leg work yourself, such as providing
complete documents and other information).
Legal Help for the Homebound
If you are homebound and want to speak to a lawyer, call your local agency on
aging. Request their help in contacting a lawyer who may be able to come to your home. If
you live in a nursing home, you should speak with the nursing home ombudsman.
Many special programs and services are designed to meet the needs and enrich the
lives of older adults. Some are funded with tax dollars, especially under the Older
Americans Act. Others have been developed through agencies or private enterprise.
The Older Americans Act and Services
Q. What kinds of services does the Older Americans Act provide?
A. The Act provides funding for a wide variety of services. These include
education, social services, recreation, personal assistance, and counseling. It also makes
available transportation, legal and financial assistance, career and retirement counseling,
advocacy, long-term-care ombudsman services, services for the disabled, crime
prevention, elder abuse prevention and volunteer services. In addition, your local area
agency on aging can provide information and guide you to services in your community.
These might include home helpers, money management agencies or special discounts
available to seniors. The specific services offered in each category vary with locale.
Q. How can I find out about programs that might help me?
A. Start at your local or state agency on aging, or call the “Eldercare Locator” at 1-
800-677-1116. The toll-free assistance helps to identify community resources nationwide.
Also, view the internet site of the Administration on Aging at www.aoa.dhhs.gov/
Your local area agency on aging (AAA) can tell you about the programs in your
community that provide services to seniors. Most AAAs have written materials that
describe resources in the community. Some have brochures that identify common
problems that the elderly might face with resources and ways to solve the particular
problem. The AAA may have additional resource materials published by community, state
and national organizations. The AAA in your community is a beginning resource for many
questions by the elderly.
