OAA Reauthorization Elder Rights & Elder Justice

1. OAA ReauthorizationElder Rights & Elder Justice Rebecca C. Morgan Stetson University College of Law Gulfport, Florida

2. Legal Services • Title III funds variety of services • Legal services more different than similar to what else is funded • % of dollars to legal services • Small % comparatively • Variation between states

3. Legal Services • Economy • More need than ever • Recognize that not just one client-one matter • Could be a matter affecting large #s of clients • When economy is bad, everything becomes an “impact” case • Legal services critical to independence, financial security, etc.

4. Legal Services • Look at organization • Consider more regional or state level organization • Advantages-broader picture of what is going on and needs • Some national organizations such as NAELA and ABA Commission on Law & Aging talking • Consider use of state bars, IOLTA or Pro Bono – accustomed to dealing with legal services on statewide level

5. Legal Services • Quality Measures & Data collection • Unique nature of legal problems necessitate developers should be lawyers • How to better integrate various services & programs • Local, state & national levels • More effective to provide expertise, spot “trends”, etc.

6. Legal Services • To extent possible-national level coordination-legal services developers, ombudsman, pension counseling, etc. • Have seen trend in academic settings of medical/legal partnerships • Consider, to extent possible, partnerships between developers and other agencies, including law enforcement

7. Elder Justice • Comprehensive elder justice system—integrated, multidisciplinary, collaborative system – preventing, detecting & addressing elder abuse, neglect and financial exploitation • Widespread access • Multi-disciplinary, multi-agency • Data collection

8. Elder Justice • Importance of continued/expanded work on elder abuse • Consumer and financial frauds • Proliferation of scams & frauds targeting elders • How to respond • Inter-agency cooperation • Impact on elder rights • Lack of funding-budget cuts • Importance of provisions of EJA

9. N4A survey 2007-prevalent legal issues • Protective Services, Guardianships, POAs • Frauds & Scams • Estate & End of Life Planning • Medicare & Medicaid • Housing • Long Term Care • Elder abuse, neglect, exploitation

10. Elder Justice • Think about how define the various types under elder abuse • Variations among states in definitions and responses • Funding for training • Data collection – agencies • How make it important? • PSAs?

11. Elder Justice • Impact when victim of financial frauds or scams • POA abuses • Autonomy • Independence • Income security

12. Next Steps • Uniformity in the “language” • Data collection by law enforcement • Specialized units in law enforcement, prosecutors, etc. • It’s a priority • Inter-agency collaboration at national level • Scam is a scam is a scam—but the bad guys are targeting elders • Who should lead-AoA

13. Thanks to Assistant Secretary