Understanding Legal Aid For Seniors

How can legal aid for seniors be beneficial? Here’s what to know.

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Introduction

Seniors may be older and wiser, but they are very vulnerable, too – often being viewed as an opportune target. But when they need legal guidance or help, where can they turn? With the rising costs of living and the steady income of seniors, getting a private lawyer is likely out of the question. If they don’t have access to an attorney on retainer – or the funds to get one – then what recourse do they have?

Our legal system can be complex and difficult for a person of any age to maneuver. And, that means it is even more difficult for elderly individuals. There are many reasons they may need legal help, but most don’t know where to turn.

Legal aid for seniors can help.

Importance of Legal Aid for Seniors

Before we jump into it, we’ve got some good news for you. The State of California cares greatly for its senior population – and they are one of the best states for offering programs designed to help them in their everyday life – including legal services.

As individuals age, they are going to need legal services just like everyone else for things like personal injury cases, elder abuse, car accidents, neighbor disputes, and so forth. But there are a few legal concerns that apply solely to seniors that don’t impact the rest of the nation, such as:

• Issues or concerns about long-term care
• Conservatorship and guardianship
• Elder abuse
• Estate planning, including trusts and wills
• Probate concerns
• Living wills and advanced directives
• Power of Attorney
• Payment of the cost of caregivers
• Assisted living home costs
• Issues with social security, Medicare, and Medicaid
• Retirement
• Veteran’s benefits

And we have to mention the need for representation when criminally targeted by scammers.

With all of these needs for legal help and without the funds to hire an attorney, what are the options for seniors?

How to Find an Attorney

There are many different options available for seeking legal help for seniors – and it is important that we make it known and accessible. Below are a few ways that can help.

Court-Based Self-Help Services. The courts in California offer self-help services that aid any individuals who do not have lawyers. This is primarily for those who intend to represent themselves. While this may not be a big deal in certain instances, it is not the most ideal option for seniors. Nonetheless, the court makes it readily available for anyone needing some help.

Legal Aid Agencies. A legal aid agency offers free legal services to those individuals who fall below a certain income level – including seniors. While this may not be applicable to all seniors, it is an option that some have access to due to their low income. Though, it should be noted that legal aid attorneys cannot offer help for all types of cases, including personal injury cases.

Nonprofit Groups. There are public interest groups out there that offer legal representation to certain groups that are vulnerable or under-represented. These groups often focus on things like housing discrimination or civil liberties. They are worth reaching out to if you think they may be able to help your situation, but it is not always a guarantee.

Governmental Agencies. If an elderly individual is looking for representation with a defense, the public defender’s office can be of service. They help those who need free help to defend themselves in a case. Unfortunately, a defense attorney isn’t usually what is needed by the elderly. So while it may be a great resource, it won’t help with things like conservatorship, estate planning, elder abuse, and so forth.

Lawyer Referral Services. When you genuinely don’t know where to turn, reaching out to a lawyer referral service can help. You will have access to a low-cost legal solution that will give you the representation you need. All you need is a certified referral service that works hand–in-hand with the California Bar Association.

The best thing about this option is that seniors are not limited by certain areas of the legal field. Instead, they can get all the help they need regardless of what it is.

Where to Turn for Specific Services

Having an idea of where to turn for seniors is wonderful, but it still doesn’t help with certain specific legal situations. For instance, where can the elderly turn for elder abuse or disability rights, for instance?

Elder Abuse Help. Elder abuse can look different for everyone. It may appear physical, emotional, financial, etc. and it can be very harmful to the aging individual. Working with a private attorney through a referral service is one of the best ways to get the protection needed – and stop the abuse.

Health Insurance Help. California’s Department of Aging offers assistance through the Health Insurance Counseling and Advocacy Program (HICAP) which helps older individuals make informed decisions about their healthcare.

Governmental coverage, such as Medicare and Medicaid, can be very confusing. These volunteers will help them make the best decisions – especially when rights or benefits are being threatened.

Social Security Help. Rather than trying to deal with the government directly, using an attorney can be very beneficial in getting to the bottom of any issues concerning social security. An attorney referral service can put you in touch with someone who can help.

Conservatorship Help. A conservator is someone who is appointed to handle the affairs of an individual who can no longer make sound decisions. For those elderly individuals who either need a conservator or who think their conservator doesn’t have their best interest in mind, action can be taken. This is best done at the hands of an attorney reached by a referral service.

Hire an Attorney

In California, legal aid for seniors doesn’t have to come only in the form of a legal aid agency. There are many departments and programs that are in place to help this aging population navigate any turbulent or unknown waters they may encounter. Whether someone is feeling like a helpless victim of elder abuse, their access to benefits has been threatened, or anything else arises – there is legal help available.