How can legal aid for seniors be beneficial? Here’s what to know.
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Legal Help for Seniors in Los Angeles
If you’re 60 or older, you may find yourself in need of legal assistance from a professional. There are several sources available to senior citizens that can help you with the service you need. Let’s take a closer look into legal help for seniors in Los Angeles.
Legal Help for Seniors
Senior-hood can bring amazing experiences, treasured moments with loved ones, and more time to relax and simply enjoy life. With retirement comes more free time and the ability to slow down and take in the world.
Unfortunately, the golden years can also present new and unique legal challenges, including elder abuse, financial manipulation, scams, and fraud. This can cost elders money, time, peace of mind, and sometimes, even their own health and wellness.
Being able to seek senior legal services to protect your own rights is an important facet of our society. Yet, statistics show that most seniors avoid seeking legal counsel even after they are harmed by others. They may feel they cannot afford an attorney, or they may just be unaware of the senior legal services available to them.
To bridge the gap, more awareness is needed – and that’s exactly what this article intends to provide. Whether you are over the age of 65 yourself, or you simply love someone who is, the resources listed here are sure to help.
Senior Legal Services Program (by SFVBA Attorney Referral Service)
The SFVBA Attorney Referral Service is a proud sponsor of the Senior Legal Services program – A program dedicated to helping senior citizens find affordable senior legal services from experienced lawyers.
Appointments are held at the following three locations throughout the San Fernando Valley:
- Bernardi Multi-Purpose Community Center
6514 Sylmar Ave, Van Nuys, CA 91401 - ONEgeneration Senior Enrichment Center
18255 Victory Blvd, Reseda, CA 91335 - Alicia Broadus-Duncan Multipurpose Senior Center
11300 Glenoaks Blvd, Pacoima, CA 91331
Learn more about the Senior Legal Services Program.
Los Angeles Department on Aging (LADoA)
LADoA provides a variety of senior legal services and help for those living anywhere in Los Angeles County. They help with legal issues related to housing, consumer protection, SSI/SSD, nursing home laws, public entitlement, power of attorney, wills, legal aid, some civil suits, and any case in which you believe your rights have been violated.
LADoA operates out of the 16 different Multipurpose Senior Centers (MPC) scattered throughout the city. To find the closest office, see this map of available locations. Or, dial (800) 510-2020 to speak to a representative directly.
Legal Aid
Legal Aid mostly services low-income seniors, but may also provide pro bono advice and assistance where other barriers to hiring an attorney exist. They can assist with virtually any area of law with the exception of civil lawsuits. In fact, Legal Aid is one of the largest sources of legal support for senior veterans and people fighting for the right to secure government benefits for disability and infirmity.
Most of California’s Legal Aid offices also host semi-regular free legal clinics. There, seniors can access advice, information, or even referrals to other services.
To get in touch with Legal Aid and/or apply for assistance, dial 800-399-4529 from anywhere within the state of California. Alternatively, you can visit any of the locations listed at this link in person.
Pro Bono Senior Legal Services
Nearly all lawyers in the state of California are required to provide a certain number of “pro bono,” or free, legal service hours per year. This helps to ensure that people or groups who may not be able to hire their own lawyers get the help they need. This may be an option for seniors who need one-on-one support.
While it is possible to “call around” to lawyers who specialize in the area of law you need assistance in, there is no guarantee they will agree to take you. Some lawyers save their pro bono hours for schools, colleges, and non-profit organizations. Others have months-long waitlists and cannot accept any new clients.
Call the California Bar at 800-843-9053, or the American Bar at (800) 285-2221. Both organizations maintain vetted lists of pro bono lawyers and their specialties and can help you make the right connection.
Healthcare and Elder Law Programs Corporation (H.E.L.P.)
H.E.L.P. is a special 501(c)(3) non-profit organization whose primary focus is on empowering seniors through legal education, advice, and referrals. They provide both telephone and walk-in services, as well as a long list of online resources, guides, and information packages to help seniors better understand the law.
H.E.L.P. doesn’t provide full pro bono senior legal services. However, they do provide one-on-one sessions with attorneys to seniors whose needs are limited to simple guidance and advice. During these sessions, elders can ask for advice on power of attorney, wills, trusts, health care matters, government benefits, probate court avoiders, elder abuse, fraud, scams, estate management, and more.
In some cases, H.E.L.P. may also host legal education classes within the city of Los Angeles. Classes mostly focus on senior-specific legal concerns, and aim to empower elders to be better equipped to handle them when they arise.
To get in touch with H.E.L.P. or inquire about their services, use the form located at this link. Or, dial (310) 533-1996 from anywhere within the state of California.
Contra Costa Senior Legal Services (CCSLS)
CCSLS is one of the best-known providers of legal services for seniors in the state of California. They provide access to pro bono attorneys, free advice, clinics, education, referrals, and a wide variety of advocacy services. Clinics generally focus on senior-specific issues, such as estate planning, wills, legal advice, power of attorney matters, and Advance Health Care Directives.
Although CCSLS largely focuses on issues involving the criminal court, landlord-tenant disputes, finances, benefits, and healthcare, they are equipped to assist with virtually any area of law. However, they may or may not serve seniors involved in civil court cases depending on the nature of the case.
In certain situations, CCSLS may also provide full, pro bono legal representation. Generally, this service is only offered if the case involves consumer protection, debt, abuse, fraud, scams, housing issues, and/or financial abuse. They also provide access to special programs for seniors in long-term care.
CCSLS’s offices each focus on serving a certain location and/or a specific area of law. To determine which office you should contact, visit this link or dial 925-609-7900 to speak with a representative. You can also email them at legalhelp@ccsls.org.
Conclusion
Seniors may face special legal challenges, but there is no reason to face these difficulties alone. Reach out now on your own behalf or on behalf of someone you love. No matter how dire the issue seems, or how serious it feels, help and support is always available somewhere.
If you have any questions, please let us know.
Whether you need help with estate planning, preparing power of attorney, or any other legal matter that relates to elder law or preparing for the future, you may find it difficult to find an elder attorney, Los Angeles, if you’re not sure where to start your search.
Today, we’re exploring a few options so you know how to find the right attorney with confidence.
Here’s how to find a Los Angeles elder law attorney.
Elder Law Attorney, Los Angeles
Do you qualify yourself as a senior, even if you’re truly young at heart? No matter how youthful you feel, seniorhood will bring special legal challenges and decisions to the table that can be extremely frustrating to deal with. California’s elder law system is notoriously complex; even the most knowledgeable layperson may struggle to understand it at times.
The good news is that there’s absolutely no need to risk your assets or your rights by attempting to handle everything on your own. No matter how much or how little experience you have in navigating California’s complex legal system, a Los Angeles elder law attorney can help.
Whether you just want to finalize a will, or you need to protect your assets from abusive family members, this guide will help you find the “best of the best” the first time around.
What is “Elder Law,” Exactly?
The first step to finding the right lawyer is to understand why you might need an elder law specialist in the first place.
Elder law refers to a specific legal specialization that focuses on issues concerning older Americans. This includes planning your estate, writing a will, applying for Medi-Cal or Social Security Disability (SSD), or setting an advanced medical directive in case you become incapacitated.
“Elder law” also includes issues like scams and rip-off strategies from con artists who target seniors due to their naivety. The fact of the matter is that seniors are one of the most targeted groups in America for criminals. It may also involve protecting yourself or another senior in your family from financial abuse or manipulation.
While the legal definition of “elder” generally includes anyone over 60, there is no specific cut-off age for when someone can struggle with these types of concerns. It is very possible for someone to begin creating a will at, say, 45 or 50, rather than waiting until they become a senior. In fact, it’s highly advisable to plan for your golden years early, rather than waiting until problems arise!
Can I Really Afford a Lawyer?
Many people facing complex legal concerns worry about the financial load of hiring an attorney. Your financial situation needn’t prevent you from protecting your rights.
No matter what your income level, there are options available to ensure you have access to legal services. This is true even if you are low income (e.g., SSD) or no income at all (not working; relying on a family member).
The senior legal services program provided by the SFVBA provides affordable initial 20-minute consultations with highly-qualified volunteer attorneys.
Starting Your Search
Sometimes, the biggest challenge is locating which lawyers near you specialize in elder law. You have a handful of options available to aid you in your search.
- Call the California Bar: The California Bar maintains an in-house legal referral service and can help you review your options. They can also provide simple answers to basic questions, like how to tell if a lawyer is legitimate or what to do if you have a complaint.
- Use a lawyer referral service: An attorney referral service will help match you with the most qualified attorney near you. The process starts with a conversation about your legal matter, after which an attorney referral consultant will match you with the attorney best suited to help you with your case. This can be an excellent way to find your options if you’re feeling unsure about your search. There’s no need to worry about being misdirected or linked with an inappropriate choice, either, as the California Bar licenses and oversees all lawyer referral services in the state.
- Ask friends and family: Your own friends and family can be very helpful in your search if you trust their judgment, especially if they’ve used a local elder law attorney themselves. Ask them to tell you about their experience and share suggestions to help you create your list. Your accountant, tax person, doctor, or existing lawyer may be able to refer you to someone, too.
- Look around your neighborhood: Most popular lawyers use advertising, both online and locally, to reach new clients. It can be advantageous to look around your neighborhood for billboards, signs, and even storefronts while you handle everyday errands. Make a note of anyone with “elder law” or “senior law” on their advertisements.
How to Narrow Your Shortlist
Once you have a shortlist of options available, it’s time to narrow down your choices and verify their legitimacy. Start by calling the California Bar to confirm each lawyer has an active license to practice law. Also ask whether or not the lawyer has had complaints lodged against them, whether they have ever been disciplined, and if they have ever been suspended.
If complaints or disciplinary actions are present, assess them. A fine for late Bar fees is much different than a complaint of fraud. It’s up to you to choose whether the situation makes the attorney ineligible.
You should schedule at least one initial consultation with a small handful of attorneys who fit your needs. Ask them how successful they are, where they graduated, how much they charge (per item or per hour), how many cases they have handled, and how they generally communicate with clients. These questions should give you a sense of how they are to work with.
How to Make a Final Decision
At this point, you should have at least a baseline understanding of who might best suit your needs. Your last step should be to consider how you feel with the elder law attorney: do they make you feel comfortable? Do you feel respected, valued, and heard, and does the lawyer seem interested in your case? Make your decision based on these influences as well as all other information for best results.
Senior citizens are a vulnerable sector of society in the United States. If you’re 60 or older, you may find these senior legal services, California helpful.
The growing population of senior citizens faces a variety of unique challenges.
As one of the most vulnerable and underrepresented sectors of society, seniors need to prepare themselves for unexpected economic or healthcare challenges. Seeking legal counsel is often a challenge for seniors, as many live near or below the poverty line.
Fortunately, seniors can take advantage of the legal assistance programs available or enjoy discounted legal services for seniors.
Today, we’re exploring some of the most common legal services for seniors available.
Senior Legal Services, California
Seniors are a vulnerable sector of society. If you are a senior and fall victim to abuse or scams or are taken advantage of in some other way, know that there are legal services available to you for your protection.
Sometimes you may just need a consultation with an attorney. Other times you may need an attorney to represent you in a court proceeding. There are free and low-cost services available in some instances. If you’re not sure where to get started, consider contacting an attorney referral service for help.
As a certified attorney referral service in California, we make it easy to find a lawyer so you can move quickly and resolve your legal matter.
Now, let’s take a look at some of the more common legal services for seniors …
1. Elder Abuse Protective Services
Abuse of elders is an unfortunate problem that exists for millions of seniors in this country. The abuse takes many forms and is often committed by trusted family members or someone for whom an elder relies on for care.
Victims are often reluctant to report abuse because they are embarrassed or ashamed. They may be confused or not thinking clearly about what is happening to them. They may have difficulty expressing their fear or concern. They may be too frail to respond.
Abuse can take many forms. It can be physical, emotional, or financial and can be devastating for the victim. Legal assistance for abused elders can include Adult Protective Services, possibly working with the District Attorney’s Office and law enforcement to stop the abuse. Restraining orders are often used in these cases.
An attorney knows what steps to take to protect abused seniors. This could include facilitating removal of an abuser who lives with the victim, a court action called “kick-out” order.
Some attorneys, aware of elder limitations, will offer to visit with the elderly in their own homes. If court proceedings are required, an attorney will represent the victim as much as possible.
2. Guardianship Programs for Minor Children
Grandparents are sometimes caregivers for minor children in their homes. These children may have been abused by their parents or abandoned or neglected. Loving grandparents are able to keep the children with their families rather than becoming wards of the Court and being placed in foster care.
Grandparents in this situation can get legal advice on guardianship and other alternatives like caregiver affidavits from a qualified attorney. They can be represented by an attorney or can be advised if self-representing in court proceedings.
3. Social Security and Other Public Benefit Programs
Many California residents are dependent on a fixed income from Social Security Retirement programs or on a needs-based program like Supplemental Security Income (SSI).
If there is any dispute over receiving benefits from these programs, an interruption in the flow of expected income can result in the inability to pay bills, get food or medical care, remain in a house or apartment, or have any money for discretionary spending.
Dealing with a government agency can be daunting. It is difficult to raise challenges in the appropriate form or meet with the appropriate contact person.
An attorney will review and evaluate the issues involved including any reduction or cessation of benefits. The attorney will offer advice on how to proceed with an appeal claim as well as help with any required hearings. He or she will also help negotiate a settlement.
4. Naturalization Assistance
California is an ethnically and culturally diverse state. Many senior immigrants in the state desire U.S. citizenship but may be unsure of how to go about it. An elderly person may face special challenges including possible language barriers that prevent them from conducting the required immigration process.
An attorney can help seniors file an application for citizenship. And in those cases where the senior is unable to meet language requirements, the attorney can obtain a waiver of the English language interview or the Civics test.
5. Conservator Assistance
Conservators are persons appointed by the court to be responsible for managing the affairs of those who can no longer make their own decisions about finances or health care. Family members often request the court to appoint a conservator or guardian for the incapacitated person.
There are two types of conservators. One is responsible for taking care of healthcare issues. That person is called the “conservator of the person.” The other type is the one who handles financial matters and is called a “conservator of the estate.”
An incapacitated person may need just one type of conservator or both, and one person may be designated to handle both responsibilities. The conservator is accountable to the court.
A conservator is usually appointed for people who are in comas, suffer from Alzheimer’s Disease or suffer from some other serious disease or significant injuries.
6. Help with Health Insurance (HICAP)
HICAP(Health Insurance Counseling and Advocacy Program) is a volunteer program that helps Medicare beneficiaries make informed decisions and provides advocacy when health care rights or benefits are threatened.
The program provides education and counseling on Medicare and Medicare Advantage Plans, supplemental insurance, prescription drugs, long-term Insurance, and low-income assistance programs.
To find out more about health care programs or get assistance from HICAP, you can schedule an appointment with a trained volunteer counselor who is registered with the California Department of Aging.
7. Legal Aid Services
The Legal Services Corporation (LSC) is an independent nonprofit agency established by Congress in 1974 to provide free legal assistance to low-income people. The corporation provides funding to 133 independent legal aid organizations in every state and U.S. territories.
You can check with a California LSC office for further information on what legal aid programs might be available to you for your particular need.
8. Help with Disability Rights
The National Disability Rights Network (NDRN) is a nonprofit organization that offers legal assistance to people with disabilities through a nationwide network of federally mandated agencies including Protection and Advocacy Systems (P&A) and Client Assistance Programs (CAP).
If you want more information on NDRN, the California office is located in Sacramento.
9. Senior Legal Services
The Administration on Aging offers senior legal services that may include free or low-cost legal advice, legal assistance or access to legal representation for people over the age of 60.
10. Lawyer Referral Services
A certified attorney referral service working with the California Bar Association can refer you to the best legal assistance available for your particular needs. It might be a lower-cost legal solution as part of an unbundled package or it may for a full legal representation. That’s up to you.
When you, as a senior, need legal services, it is comforting to know that you have help. There are many options available to you, and many are free. An attorney referral service has experience in giving seniors the support they need up front to make it as easy as possible to defend themselves from unfair loss or harm.
Senior citizens in Los Angeles are vulnerable to scams, crimes, and harassment. Here’s how a local senior citizen legal services program can help.
Do you need senior citizen legal protection?
A senior citizen in California is anyone over the age of 65, a time to enjoy the fruits of a life of labor and sacrifice and have the respect of a society that recognizes life-long contributions.
As a senior in Los Angeles County, you are now more vulnerable to any number of scams, crimes, harassment, emotional stress and other injustices as well as potential injuries – just because you are an elder citizen.
Typical issues facing elders include age-related job discrimination, lack of access to medical treatment, vulnerability to abuse of all kinds including physical, mental, emotional and social, and society’s misconceptions of your ability/disability just because of age.
Your life as a senior citizen is now regulated by local, state and federal laws. You rely on the government for income, possibly housing and medical care. And you may find it difficult or confusing to work with the many different agencies involved, especially if you have some problem or grievance you need help with.
Many senior citizens decide they want to make a will to leave their possessions to their loved ones. Some want to move, and both sell and buy property. Other seniors have trouble with their landlord and feel they are not being treated fairly or feel they are living in unsafe conditions. They may face eviction or loss of their homes.
Job-related stress and unfairness are typical concerns for many seniors. They may be passed over for a promotion or treated differently than other workers. They may even have been fired without understanding exactly why.
Health insurance is a problem for may elders because they are not receiving their entitled benefits from Social Security, Medicare, Medicaid, Supplemental Security Income, or the Veteran’s Administration. They may not be getting the pension they expected – and paid for.
Personal issues for elders are everywhere. They may need medical attention more frequently. They may need to care for others in their family. They may have problems with visitation rights for grandchildren if their children divorce or separate. They may be going to a nursing home or retirement home against their will. They may be harassed by bill collectors. The list goes on and on.
California recognizes seniors as a “protected party”
Citizens in California who reach age 65 are considered a “protected party.” This has significance for seniors because not only do they have protection from many cases of abuse, but that protection comes with more severe penalties for those guilty of the abuse.
Civil Code 3345b is a statue that gives seniors “significantly elevated damages” if a judge believes that a senior was targeted due to their vulnerability.
Those elevated damages can be three times the normal penalty for a similar charge. The statute states that the court “may impose a fine, civil penalty or other penalty, or other remedy in an amount up to three times greater than authorized by the statute, or, where the statute does not authorize a specific amount, up to three times greater than the amount the trier of fact would impose in the absence of that affirmative finding.”
A qualified attorney who is experienced with elder law can use this statute as well as legal precedents in other cases too often get cases resolved out of court because the threat of penalty is so large.
Someone who cheats or steals from a senior citizen will think twice knowing they might have to pay not only what they stole but three times that amount if found guilty, and they are ready to settle quickly.
California has elder abuse laws
California’s “elder abuse” laws cover a wide variety of crimes and adverse activities against seniors. These issues are addressed by California’s elder abuse statute Penal Code 368 PC and include acts such as physical abuse, emotional abuse causing mental suffering, neglect, and endangerment, and financial exploitation.
Physical abuse against a senior citizen involved the use of physical force that is likely to result in physical pai8n, impairment or injury. Typical examples include hitting, beating, pushing, kicking, slapping and burning. The charge can also come from excessive physical restraints or drugs or holding someone against their will.
Emotional abuse or psychological abuse is an act that causes emotional distress, anguish or pain. Examples are verbal abuse, intimidation, humiliation, threats or insults, and harassment.
Neglect is defined as a caregiver’s failure to fulfill his or her duty to provide the care needed by an elderly person. This applies to individuals and to nursing homes and other care facilities.
Neglect can be either active (intentionally withholds care) or passive (unable to fulfill duties because of stress or lack of resources, etc.).
Financial abuse covers a wide range of crimes that defraud senior citizens in some way. Examples are theft, cashing checks without authorization, forging signatures, misusing money or possessions, and misusing power of attorney or guardianship.
Penalties for elder abuse can be heavy
Under California Penal Code 368 PC, penalties for elder abuse can be significant and depend on whether the abuse is a misdemeanor or a felony. Elder abuse in California law is called a “wobbler” meaning prosecutors can charge abuse either way. The most significant elements in the decision to go one way or another are the facts of each case and the criminal history of the defendant.
Misdemeanor elder abuse can result in informal probation, a one-year jail sentence, a fine of $6,000 or $10,000 (repeated offense), restitution, and possibly counseling.
Felony elder abuse can result in two to four years in state prison.
There are offenses related to elder abuse
In addition to elder abuse crimes, California recognizes other crimes of similar nature, either because they share elements with elder abuse or are often committed with elder abuse.
California Penal Code 242 PC battery refers to the willful and unlawful use of force or violence upon another person. If committed against an elder person, the charge could be both battery and elder abuse.
Penal Code 261 PC rape is nonconsensual sexual intercourse and if accomplished with an elder through use of force or threats, could result in both charges of rape and elder abuse.
Killing an elder person could result in charges of elder abuse and either murder (Penal Code 187 PC murder) or manslaughter (Penal Code 192 PC involuntary manslaughter).
If an elder person is threatened with harm, placed in fear, and actually harmed, the charge could be elder abuse and criminal threats (Penal Code 422 PC criminal threats).
These are just a few of the kinds of abuses that threaten senior citizens in California. When you think of the extent of such abuse, you may want to think about the legal protection you might need if it happens to you.
