Elder Law Prof Blog

Justice Dep't announces ADA settlement with NC

he Justice Department announced today that it has entered into an agreement with the state of North Carolina to ensure the state is in compliance with the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The agreement will transform the state’s system for serving people with mental illness. Under the settlement agreement, over the next eight years, North Carolina’s system will expand community-based services and supported housing that promote inclusion and independence and enable people with mental illness to participate fully in community life.

View the documents. 

To learn more about the Department’s efforts to enforce the Supreme Court’s decision in Olmstead v. L.C. and about the Americans with Disabilities Act, go to www.ADA.gov

18% of senior voters lack gov't issued ID, lose right to vote in many states

oting is easy, right? You simply show up. If the poll worker isn’t a neighbor, you might be asked for identification, but most anything will do. Then your name is checked off the list, and you vote.

Not so fast, James Madison. Over the past 18 months, state legislatures around the country have passed laws requiring voters to present government-issued IDs before they can cast a ballot. Some of the battles over the new requirements have moved from statehouses to courthouses.

See also: Follow our Election 2012 bloggers for campaign news.

The government-issued voter ID requirement is an obstacle for many older voters. — Photo by Corbis

Proponents of the laws say they are needed to fight voter fraud. Opponents say there is little evidence of voter impersonation. They say the laws not only raise unnecessary obstacles to exercising constitutional rights, but also disproportionately hamper certain segments of the population, including older voters.

Eighteen percent of voters over 65 lack a current, government-issued photo ID, according to the Brennan Center for Justice at New York University School of Law. If the most stringent photo-ID laws stand, hundreds of thousands of eligible citizens could be disenfranchised Election Day, Nov. 6.

AARP voiced its position on a number of voter ID bills, and has gone to court to challenge the laws, as have the League of Women Voters and American Civil Liberties Union (ACLU).

“AARP does not view these cases through a partisan lens at all,” says Daniel Kohrman, senior attorney for AARP Foundation Litigation. “We should not be a society where voters are forced to jump through so many hoops in order to vote, particularly if they’ve been voting for decade.

Source/more:  AARP

Webinar: Dual Eligible Demonstrations: A Critical Moment

Dual Eligible Demonstrations: A Critical Moment    

Twenty-six states have submitted proposals to the Centers for Medicare and Medicaid Services (CMS) to integrate the delivery and financing of services for people that qualify for both Medicare and Medicaid (dual eligibles).  CMS is in the process of reviewing and discussing these proposals with states now.  We expect some proposals to be approved this Summer/Fall with implementation beginning in 2013.

This webinar will provide a general overview of the 26 state proposals that have been submitted to CMS.  Beneficiary advocates will discuss common areas of promise and concern and report on the latest developments in Washington DC.  Information will also be provided on the likely next steps for the demonstrations as well as ideas for how aging and disability advocates can engage with their states as approved proposals move towards implementation.

Presenters:
Kevin Prindiville, National Senior Citizens Law Center
Fay Gordon, National Senior Citizens Law Center
Brenda Sulick, National Committee to Preserve Social Security and Medicare
Mary Andrus, Easter Seals

Title:    Dual Eligible Demonstrations: A Critical Moment
Date:    Wednesday, August 22, 2012
Time:    11 AM - 12 PM Pacific / 2 PM - 3 PM Eastern  

Register here.

 

CFPB, Office of Older Americans, seeks info on exploitation of older persons by financial advisors

On June 15, 2012, World Elder Abuse Awareness Day, Director Cordray announced a Request for Information (RFI) to learn more from the public about the growing issue of financial exploitation of older Americans and best practices for elder financial management. A recent study suggests elder financial abuse cost seniors more than $2.9 billion in 2010, a 12 percent increase from 2008.
 
The goals of the RFI are: 

1. To help us understand the senior financial advisor market so we can improve protections for older Americans. 
2. To help make the work of the office for Older Americans more effective. 

Read and respond to the RFI: 
http://www.regulations.gov/#!documentDetail;D=CFPB-2012-0018-0001 
 
The RFI poses the following questions: 

• How seniors can best determine the legitimacy of the credentials of financial planners and advisors. 
• What financial education, counseling, or management programs are tailored to the needs of older Americans, their families, and their caregivers. 
• Asks for information about power of attorney and guardian abuse, affinity frauds, and the exploitation of older veterans. 

The RFI closes Monday, August 20th. We want your voice to be part of the record.
 
The information you provide us will help us better understand the issues of elder financial abuse and other forms of exploitation.
 
Thank you, 
Skip Humphrey 
Assistant Director for Older Americans 

The Consumer Financial Protection Bureau

Webinar Aug. 31 addresses abuse in later life

Abuse in Later Life: Assessment and Response within the Senior Legal Hotline 

August 31, 2012, 2:00pm to 3:30pm Eastern

One in ten older adults reported experiencing elder abuse in the past year. Further, it is estimated that only 5% of cases are reported by older victims. Hotline advocates have a unique opportunity to listen for, identify and assist callers who are experiencing abuse. This webinar on August 31, 2012 from 2:00pm to 3:30pm Eastern will provide a foundational understanding of the range and prevalence of abuses suffered by older adults, including physical and sexual violence, as well as emotional abuse, neglect and financial exploitation. Hotline advocates will then be offered tools and tips to help you: · recognize the signs of abuse, · elicit pertinent information from a caller about the abuse, · holistically assess a survivor’s situation, and · respond appropriately to help enhance a survivor’s safety and security. Speakers include:

· Lore Rogers, JD, of the Michigan Domestic Violence and Sexual Assault Prevention and Treatment Board. Lore was a civil trial lawyer for 13 years before working as an advocate and program director for several domestic violence and sexual assault service providers.

· Rebecca Henry, MA/JD is the Deputy Chief Counsel of the Commission on Domestic and Sexual Violence at the American Bar Association. Prior to joining the ABA, Rebecca was first a family law attorney for domestic violence survivors at Pine Tree Legal Assistance, and then director of the OVW-funded Elder Justice Project at Maine’s Legal Services for the Elderly.

· Kari Deming, JD, Director of the Counsel & Advocacy Law Line (CALL). Kari’s professional history includes a long history of litigation and hotline-based services in the arena of domestic violence and other abuses. Of the over 3500 people aged 60+ served by CALL in the last 18 months, 270 (8%) were identified as victims of abuse and holistically helped.

Register here. 

After registering you will receive a confirmation email containing information about joining the Webinar.

Great picture, o Elder Law and Retirement Rock Star!

http://news.illinois.edu/news/12/0808medicare_RichardKaplan.html

Elon University School of Law announces Elder Law Clinic

Elon University School of Law announced plans today to open an Elder Law Clinic that will begin serving clients in the school’s fall 2012 semester. Law students participating in the Elder Law Clinic will provide free legal counsel and services, under the supervision of law faculty, to low- and moderate-income residents of Guilford County, ages 60 and above.

“The clinic will meet a significant need among low-income elderly residents in our region, while providing law students with important experience in the practice of law,” said George R. Johnson, Jr., dean and professor of law at Elon University School of Law.

The clinic will focus on the civil legal issues of older adults, such as power of attorney, end of life planning, contract and consumer issues, housing, grandparent rights, Medicare and Medicaid, Social Security benefits, and Veterans benefits.

“The clinic will provide excellent educational opportunities for our law students by exposing them to a broad range of law and client circumstances,” said Associate Professor of Law Margaret Kantlehner, who will direct the clinic.

The Elder Law Clinic will serve those with a monthly household income of $1,700 or less, if single, and $2,200 or less, if married. In Guilford County, low-income elders unable to afford private legal representation are served by the Legal Aid of North Carolina-Greensboro Office, which serves a six county area. The U.S. Census Bureau estimates that one in five Guilford County residents will be over age 60 by the year 2030. The Elder Law Clinic at Elon Law will help to meet a growing need for legal services within this demographic.

The Elder Law Clinic will begin considering new cases on August 15, 2012. Beginning August 15, please contact Clinic Practitioner-in-Residence, Hannah Vaughan, at (336) 279-9314 or [email protected] for more information.

Elon Law students also serve clients free of charge, under the supervision of faculty, through the law school’s Humanitarian Immigration Law Clinic and Wills Drafting Clinic. Students have additional opportunities to engage in experiential learning through the law school’s leadership program and externship program, which recently expanded through a partnership with The Washington Center to offer full-semester and summer legal externship opportunities in Washington, D.C.

Web: law.elon.edu