An Introduction to Senior Legal Services
The growing population of seniors in Contra Costa County brings about a new set of legal challenges and needs. Many seniors are involved in estate planning, which may include the drafting of a will or the creation of a trust. Even with the best plans in place, sometimes the death of a loved one creates a complex issue that requires the guidance of an attorney. And for those who have not signed off on their wishes, it is important to consult with a trusted attorney to draft your last documents and ensure your family does not struggle over difficult decisions about your healthcare . There are also seniors who need assistance with issues of elder abuse, whether it is physical or financial. Through the creation of durable powers of attorney, seniors can protect themselves from unwanted harassment and cell their affairs to someone they trust. Other areas of assistance include conservatorship for those who have become incapacitated and appointment of successor trustees to handle family trusts when necessary.
Which Services Are Available?
A variety of legal services are available to seniors in Contra Costa County through its Department of Aging and Adult Services Senior Legal Services (SLS) program and its contracted legal service providers. SLS is a part of the Department of Aging and Adult Services, which administers programs and services for seniors and persons with disabilities. SLS provides limited legal advice, assistance and consultations to individuals who are 60 years or older who reside in Contra Costa County.
Legal services include assistance with completing Wills, Durable Powers of Attorney for finances, Trusts, advanced health care directives and forms for making health care decisions in the event of incapacity, and Durable Powers of Attorney for health care. Only limited services are provided, and the SLS program does not handle contested guardianships or conservatorships.
A variety of estate planning forms are provided without charge, including Petition for Conservatorship, Petition for Succession of House and Vehicles, and Advance Directive Package. Limited advice and counseling related to these forms are also available.
The law requires that individuals over the age of 18 should create estate planning forms to appoint trusted individuals to make financial and health care decisions when the person is unable to do so. These documents can be prepared by private attorneys.
The following are outline of some additional legal services available to seniors from various sources in Contra Costa County:
The SLS staff attorney can refer seniors to contracted nonprofit legal service providers throughout Contra Costa County for additional legal consultation and advocacy.
Many area providers, including Bay Area Legal Aid Corporation, the Senior Center of Walnut Creek, and the Contra Costa County Bar Association offer free legal services to seniors, such as legal advice, consultation and/or representation for specific matters. These services include wills, trusts, estate planning, powers of attorney for finance, class action suits, elder abuse, mediation, probate matters, social security issues, and landlord/tenant consultations.
How to Identify Appropriate Legal Assistance
The first step in finding qualified and trusted legal assistance in Contra Costa County is by either asking your family physician, your family member’s physician, or a trusted friend to recommend an elder law attorney. Experts in the field of elder law may have numerous contacts that will assist in the recommendation of an elder law attorney. The Contra Costa County Bar Association, which is a non-profit organization representing over 1,000 local legal professionals, has a client referral service that can recommend a family law, probate, and elder lawyer. Referrals can be obtained at their website at cccba.org or by calling them at (925) 370-2540. Additionally, Community Legal Services, which is another non-profit organization that provides free legal services to low-income people, can also provide referrals to attorneys in family law, estate planning, and elder law who are members of the Contra Costa County Bar Association. Their website is www.clsnc.org.
In addition to these referrals, if you are over the age of 60, you can also contact Senior Legal Services of Contra Costa County at (925) 676-7535, which provides free legal assistance to seniors on elder abuse, guardianship, advanced care planning, and Medicare.
The Costs and How to Fund Them
The prices for private senior legal services can vary widely, depending on the complexity of the matter and the fees charged by the attorney. Some programs provide pro bono legal services at no cost to the client, while others may require individuals to pay on a sliding scale based on their income and assets.
There are a number of funding options or financial assistance programs available for Contra Costa County residents in need of legal help. California senior centers, the area agency on aging and local legal aid organizations are great places to reach out to for information on the types of funding available. In addition, reputable senior living facilities usually can provide information on funds that may be accessible. For example, in Contra Costa County, the Contra Costa County Area Agency on Aging (Aging) has the primary responsibility of planning, coordinating, and overseeing services for senior adults (60+ years of age) and their caregivers in the County. Aging is the largest and most comprehensive network of social services for older adults in the County.
Aging is part of the Employment and Human Services Department of Contra Costa County (EHSD). The Money Management Network Program, for which Aging takes a lead role, offers financial assistance to consumers meeting program eligibility requirements. These include being over 60 years of age and unable to pay bills when they are due or to manage their own financial affairs. For a fee, Aging offers several senior legal services, such as help to prepare powers of attorney and simple wills.
Legal Aid & Pro Bono Services
Contra Costa County offers a number of options to retain legal aid and pro bono services to seniors. Legal Aid is designed to help those with limited financial means. Pro bono services are provided by local attorneys on a volunteer basis. There may also be some statewide resources available for seniors in Contra Costa County.
Contra Costa Senior Legal Services, Inc. (CCSLS): CCSLS helps seniors with low incomes who reside in Contra Costa, San Francisco, and Napa counties. CCSLS provides legal services at no charge to those ages 60 and over who are residents of these counties—but you must be a resident of Contra Costa County to receive their services, which are emphasized below. CCSLS provides advice and consultation, and prepares legal documents for a wide variety of legal issues. A $15 donation is requested per document prepared, but this fee can be waived if the client cannot afford it. CCSLS has several offices in Contra Costa County, which include locations in Richmond, San Pablo, Concord, Antioch, and Walnut Creek. Clients may contact any of the offices directly to schedule an appointment, even if their office is not one that provides the legal service they need. CCSLS also provides information about how to obtain important legal documents , including wills. CCSLS does not provide assistance for criminal matters, adoption, guardianship of children, injunctions, real estate title transfers, incorporation or tax issues, or bankruptcy, divorce, or separation involving minor children. California Senior Legal Hotline: The California Senior Legal Hotline provides seniors with access to free legal assistance for a range of issues. The hotline serves everyone 60 years of age and older, and is available Monday through Friday, between 9 a.m. and 11 a.m. and 1 p.m. and 3 p.m. Seniors can make an appointment, and legal assistance is then provided via telephone. Legal Services of Northern California (Keep Your Home): The Keep Your Home project from Legal Services of Northern California helps seniors with home mortgage issues. The program is designed to aid low-income seniors whose homes have importantly increased in value since 2000. It helps homeowners who have lost a job or experienced a reduction in income, and who may be unable to refinance their existing mortgage or pay their property tax as the assessed value continues to climb. Keep Your Home will help seniors with very limited incomes complete the application process to apply for a property tax deferment or property tax exemption.
Seniors and Guardianships
As our population ages, the importance of protecting seniors’ rights has become more prevalent. The highest number of people in the U.S. who are 65-plus are part of the baby boomer generation, which has led to an increased demand for elder law, estate planning, and related legal services. Perhaps even more importantly has been the increasing need to safeguard seniors’ legal interests and personal property through elder abuse and abuse-related programs, including financial abuse, neglect, and exploitation. Here’s a brief overview of the laws that have been put in place to help protect senior citizens’ rights and legal interests – and the ways in which seniors and their families can take steps to protect a senior person’s freedom and independence. Abuse/neglect laws provide civil protections for elderly or dependent adults against abuse, neglect and financial exploitation. The California elder abuse law mandates that "Any person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult is a ‘care custodian.’ A ‘care custodian’ does not include an emergency caregiver…The law protects elders or dependent adults from any form of abuse or exploitation by a care custodian." Under elder abuse laws (and other legal avenues), seniors are helped to safeguard their autonomy and legal interests in ways such as: • Making or altering wills, trusts, or other estate planning documents • Being the subject of criminal activity • Being taken advantage of financially • Having medical decisions made for them • Making their estate or inheritance known • Avoiding work, care, assisted living and other privileges • Protecting their property and assets • Safeguarding against physical, mental or emotional abuse • Securing their freedom and independence • Taking any other steps deemed necessary to protect their legal interests.
Community Resources & Workshops
There are several other resources in Contra Costa County and the surrounding area that provide seniors with information about their legal rights and options. Senior Centers: Many senior centers in Contra Costa County host free legal workshops and seminars. Housing Rights provides a quarterly Rent Adjustment Co-Pay at the following locations: Saturday, March 14, 2009 5:00 PM – 8:00 PM Rivertree Church 201 Ponderosa Drive Brentwood, CA 94513 Saturday, April 18, 2009 5:00 PM – 8:00 PM Strum Ranch Road Walnut Creek, CA Saturday, May 16, 2009 9:00 AM – 12:00 PM Mt. Diablo Unitarian Universalist Church 55 Eckley Land Walnut Creek, CA 94596 Saturday, June 20, 2009 5:00 PM -8:00 PM St. Anselm’s Episcopal Church 682 Michael Lane Tiburon, CA Housing Rights also offers informational workshops on other legal issues as part of the Senior Legal Information Program (SLIP). The co-pays for these workshops are $10 to $15 . The upcoming workshops include: Wednesday, March 11, 10 AM – 12 PM Protect Your Benefits: DPA and SSI Case Management Contra Costa Senior Legal Hotline, Martinez Tuesday, March 24, 2009 – 1PM – 2 PM Guardianship for Children: The Basics of Guardianship Contra Costa Senior Legal Hotline, Martinez Friday, April 3, 2009 10:30 AM – 12:30 PM Family LVNP & Conservatorship St. Paul’s Concord Senior Center, Concord Tuesday, April 7, 2009 – 1 PM – 2 PM Estate Planning and Trusts Contra Costa Senior Legal Hotline, Martinez Tuesday, April 14, 2009 – 11 AM – 12 PM Get Out of Debt – The ABC’s of Bankruptcy Contra Costa Senior Legal Hotline, Martinez California Department of Aging: The Department of Aging has a plethora of information available to seniors throughout the state. Most importantly, the Department helps provide funding for legal assistance for seniors. For instance, the Senior Legal Hotline is privately funded in part by the statewide grant program.