Elder Law Prof Blog

Pennsylvania EJC Meets with Pennsylvania Supreme Court Justices

Representatives from all 9 Pennsylvania law schools (deans!) and from the recently formed Elder Justice Consortium (pictured here) met this week with the Justices of the Pennsylvania Supreme Court. Our thanks to Drexel University Thomas R. Kline School of Law for hosting the meeting at its Kline Institute of Trial Advocacy in Center City, Philadelphia.  The afternoon of conversation focused on future work needed to provide stronger, critical support for older Pennsylvanians through advice, advocacy and education. As summarized by the Consortium's chair, Kate Norton of Duquesne Law, a key goal is to inspire students and to establish a commitment to elder justice.    

Our discussion was robust, with lots of questions about funding sources and alternative educational modules for teaching elder justice, including direct service clinics and projects, as well as experiential education, modular courses, and collaborative programming.  An example? Widener University Commonwealth Law School's clinical professor Mary Catherine Scott, who is the director of the Commonwealth campus' Central Pennsylvania Law Clinic highlighted her clinic students' latest outreach, working with the Dauphin County Court of Common Pleas in its Pro Bono Guardianship Monitor Program.  Student are assigned to individual matters and will interview older adults who are under formal orders, as well as talking with other parties or interested persons, thereby providing additional eyes and ears for the court in assuring accountability for Court-appointed guardians. 

We look forward to the future!

 

Supporting Law Students Looking for Jobs During the Summer

I get a lot of fun calls, both from attorneys and from law students, looking for the right employment match in "elder law."   For lawyers who are looking for "new attorneys" to help staff their growing law practices, the calls sometimes come just after the law school year is over in early May, when the students have already scattered to the winds or to their homes to study for July Bar Exams.  Law Schools' Career Services offices welcome these calls year-round, but we can often be of more help to both sides of the employment equation when people reach out early in the spring or fall semesters.  

Nonetheless, one of my favorite "secret" ways for students and attorneys to find each other is through Bar Association programming and Continuing Legal Ed programs.  While students usually roll their eyes when, for example, I suggest attending an "educational" program such as Pennsylvania's Elder Law Institute (July 21-22, 2022), most of the students who do attend soon realize that these offer multiple opportunities to get to knew great practitioners and to network.  I often "sponsor" my own summer research assistants to attend at least one full day of programming, especially if there is a meet-and-greet lunch or reception at the end of the day.  Elder Law attorneys are just plain friendly.  This is a win-win for students and prospective employers.

But even beyond elder law, I also recommend that law students reach out during the summers to potential "employers" via State and County Bar organizations in the area of the country where they hope to practice.  For example, I recently noticed that in Arizona, the Maricopa County (Phoenix area) Bar Association is hosting a 2022 Diversity Summer Social on June 9, 2022 expressly for "interns, externs, summer and first year associates."  I'm sure that "prospective" interns, externs, summer and first-year associates would also be welcome to "mingle with other summer associates, local judges and bar leaders." 

I know that one of Pennsylvania's very respected "young" Elder Law attorneys is someone I first got to know as a student because we were both attending a State Bar Association meeting while he was "just" a first year law student.  That's the kind of smart networking that can take people very far.  

National Guardianship Network New Video

The National Guardianship Network [Has Released A] New Video with Recommendations for Reforming Guardianship System.This video 

showcases the highlights of the Fourth National Guardianship Summit and the 22 recommendations to reform and improve state guardianship systems. The video also addresses the history of these national summits, the importance of the Fourth Summit and the main topics discussed during the Summit:

• Rights of Persons Subject to Guardianship

• Supported Decision-Making

• Limited Guardianship, Protective Arrangements, and Guardianship Pipelines

• Rethinking Monitoring and Addressing Abuse by Guardians

• Fiduciary Responsibilities and Tensions

• Developing a Guardianship Court Improvement Program

To view the video, click here.

Australian Discussion About UN Convention on the Rights of Older Persons

The Older Persons Advocacy Network has announced an upcoming roundtable,  Age with Rights: Advocating for a UN Convention for the Rights of Older Persons.  "The Older Persons Advocacy Network (OPAN) is participating in the #Agewithrights global rally by holding a roundtable conversation about rights, ageism, and the need for supporting a UN Convention on the Rights of Older Persons. You'll hear directly from Caroline Carroll, Robin Vote, Natalie Clements, and Kathy Mansfield members of our National Older Persons Reference Group, who each have their own stories and views to share."  Click here to register, but note that this is being held in Australia, so mind the time zone differences!

Free Webinar: Social Security Overpayments

Mark your calendars for this upcoming webinar from the National Center on Law & Elder Rights,  on Social Security Overpayments and Low Income Adults. set for February 23, 2022 at 2 eastern.  The webinar will cover the following: "An overpayment of Social Security or Supplemental Security Income (SSI) benefits occurs whenever an individual receives more money for a month than the amount that should have been paid by the Social Security Administration (SSA). This training will review the options individuals have when they receive a notice of an overpayment from SSA. Presenters will cover the steps advocates can take to ensure the accuracy of an overpayment claimed by SSA, to reduce or eliminate the amount taken by SSA, and to enforce clients’ due process rights. Participants will also learn about recent changes SSA has made to address some of the problems with the overpayment appeal and waiver processes, and how advocates can be part of the efforts to tackle these problems. "  To register, click here.

Podcast on Nursing Home Neglect

The National Consumer Voice for Quality Long-Term Care is offering a podcast with Dr. Laura Mosqueda on Nursing Home Neglect: Preventing It and Getting Help. Here's a description of the podcast:

The pandemic has renewed concerns about the quality of care that residents receive in some nursing homes, and many family members have reported significant decline in the condition of their loved ones. Neglect and abuse of older adults is a long-standing problem that is under-reported and has not received the necessary attention and response from policymakers, yet it results in needless and preventable suffering and harm.

In this episode with Dr. Laura Mosqueda, a professor of Family Medicine and Geriatrics at the Keck School of Medicine at the University of Southern California, we talk about neglect, which is the failure to provide goods and services to an individual that are necessary to avoid physical harm, pain, mental anguish, or emotional distress. Neglect may or may not be intentional.

The link to the podcast is here. You can subscribe to the podcast series from this page as well as find information about the Consumer Voice's YouTube channel.

Senior Abuse Financial Tracking and Accounting (SAFTA) Toolkit

The Department of Justice Elder Justice Initiative u has announced the release of Senior Abuse Financial Tracking and Accounting (SAFTA) Toolkit.

Guided by the adage “A picture is worth a 1000 words”, the Senior Abuse Financial Tracking and Accounting (SAFTA) tool provides elder justice professionals with a simplified forensic instrument for illuminating suspicious financial patterns and facilitating the prosecution of suspected elder financial exploitation.

Developed by a forensic accountant, the SAFTA tool is an Excel macro-enabled worksheet into which financial records are entered and pivot tables and graphs are automatically created to provide a visual depiction of financial data. The tool is downloaded onto the user’s computer to ensure a secure working environment.

SAFTA is not intended to turn law enforcement officers into forensic accountants. Rather, it is designed to enable law enforcement officers to gather financial records and convert those records into forensically relevant visual depictions of the financial records. SAFTA works best on cases of low to moderate complexity.

A short training video about the toolkit is available here.

Webinar Elder Justice Decision-Making Capacity Symposium

Register now for this important virtual symposium from DOJ's Elder Justice Initiative, scheduled for April 19th through April 21, from 1-5 eastern.  Here's a description about the Symposium.

Every day the lives of older adults are profoundly and negatively impacted in both the criminal and civil justice systems based on mistaken assumptions and inadequate assessments of their capacity to make decisions for themselves. In order to raise greater awareness of these issues and improve how elder justice professionals approach these issues, the Department of Justice will be hosting the Elder Justice Decision-Making Capacity Symposium, a three-day virtual conference on April 19-21.

The Symposium will highlight what we know today about the aging brain and its impact on decision-making, and discuss the protocols and tools available to assess decision-making capacity. The Symposium will then focus on the myriad of ways that perceptions of an older adult’s decision-making capacity can have profound implications on their treatment in criminal and civil proceedings. These may include elder abuse or fraud prosecutions not being pursued; unnecessary or inappropriate guardianships being imposed; and civil legal remedies being denied to older victims of elder abuse, neglect and financial exploitation.

By shedding light on the latest science as well as best clinical, legal and judicial practices, the Symposium aims to increase access to justice while promoting the autonomy of older adults.

Free Symposium provided by the Elder Justice Initiative, U.S. Department of Justice.

Click here to register.

Equity for Older Adults Webinar

The National Center on Law & Elder Rights has announced a new webinar, Advancing Equity for Older Adults, Part 2: Putting Strategies into Practice, scheduled for Wednesday December 1, 2021 at 2 eastern.

This is a follow up to the first webinar, Advancing Equity for Older Adults, Part 1: An Introduction to Advancing Equity in Legal and Aging Services, presented on October 28th. It is not necessary to have attended the first training, but attendees are encouraged to watch the recording for an introduction to equity and racial justice for older adults. This webinar will apply principles and strategies to effectively advance equity in legal and aging services. Presenters from legal assistance and elder rights programs will describe the steps they have taken to center equity, with a focus on race equity, in their work, as well as lessons learned and promising practices for staffing, process, and evaluation. Attendees will receive actionable steps they can take and will learn about tools that advocates can incorporate in their own work to advance equity for older adults and serve those with the greatest social and economic need. Panelists will share their experience and will be available to answer questions from the audience.

To register for this webinar, click here.

Part 1 of the training is available here.

Age Bias by Health Care Professionals: Part 2.

Following the Kaiser Health News article (also in the Wall Street Journal), ‘They Treat Me Like I’m Old and Stupid’: Seniors Decry Health Providers’ Age Bias, Kaiser followed up with a webinar, Confronting Ageism in Health Care: A Conversation for Patients, Caregivers and Clinicians.

Ageism is not new, but the covid pandemic brought it shockingly into view. In its early days, the virus was shrugged off as something of concern mostly to older people, with some arguing they were expendable if the alternative was shutting down the economy. In the grave months that followed, many who died in nursing care were dehumanized in news reports that showed body bags piled outside facilities. To date, about 80% of those who have died of covid-19 have been older adults, including nearly 140,000 nursing home residents — a population beset by understaffing, inadequate infection control and neglect.

The panel included four doctors and an attorney who is the executive director of the Maine Council on Aging (it has an anti-ageism pledge.)  The video can be viewed here.

DOJ Elder Justice Initiative Fall Webinars

DOJ's Elder Justice Initiative has announced its fall webinar series.  

Thursday September 30, 2021 2-3 p.m.,  INNOVATIONS IN GUARDIANSHIP: MAXIMIZING AUTONOMY AND ENSURING ACCOUNTABILITY.

Guardianship is one approach to providing support and assistance to adults who need help with decision-making about finances and personal issues. However, as recent high-profile and less visible cases illustrate, guardianship can also infringe on personal rights and can lead to mistreatment of older adults and adults with disabilities.

 

Join us for a webinar to discuss current trends and challenges in state guardianship systems, policies and practice. Using real-life guardianship scenarios, the webinar will explore ways to maximize autonomy and ensure accountability throughout the guardianship process. Presenters will discuss less restrictive alternatives to guardianship as well as ways to improve adjudication and post-appointment oversight of guardians.

To register, click here

Thursday October 21, 2021 2-3 p.m., IMPLEMENTING ELDER ABUSE RESTRAINING ORDERS

With the growing criminalization of elder abuse, greater attention has focused on elder abuse restraining orders, which are commonly used in the domestic violence context. Approximately sixteen states have an elder abuse restraining order statute, including California, with an additional three states having a financial exploitation only restraining order statute. Learn how one county-level adult protective services program in California implemented their restraining order statute. Overcoming some initial challenges, the presenters will share their lessons learned.

To register, click here.

Thursday November 18, 2-3 p.m., IDENTIFYING AND PROSECUTING POWER OF ATTORNEY ABUSE

Financial powers of attorney are legal tools commonly used to plan for the possibility that an adult may need help with financial decision-making in the future, but they can be used to steal money and property. Presenters will discuss common scenarios and recent prosecutions.

To register, click here.

SSI Recipients and Disaster Related Assistance Webinar

Mark your calendars now for a free webinar,  Pandemic-Related Disaster Assistance for SSI Recipients, hosted by the National Center on Law & Elder Rights. Scheduled for September 21, 2021 at 2 eastern, the webinar description explains:

The Social Security Administration (SSA) recently changed their rules about how pandemic-related financial assistance can affect an individual’s eligibility for Supplemental Security Income (SSI) or monthly SSI benefit amount. Previously, SSA had been counting many types of assistance as income and resources for SSI purposes, resulting in individuals having their SSI benefits reduced or suspended, or having their applications for SSI benefits denied. However, due to the severity of the ongoing COVID-19 pandemic, SSA has decided they will not count most types of pandemic-related financial assistance against SSI eligibility or benefit amount.

This training will review the guidance issued by SSA on what types of financial assistance they now consider pandemic-related disaster assistance, what steps they will be taking to restore individuals’ SSI benefits, and what advocates can do to assist clients with contacting SSA to access or restore SSI benefits.

To register, click here.

Webinar on Guardianship Accountability and Autonomy

The Elder Justice Initiative has announced an upcoming webinar, Innovations in Guardianship: Maximizing Autonomy and Ensuring Accountability, scheduled for September 30, 2021 at 2 eastern. Here's a description of the webinar:

Guardianship is one approach to providing support and assistance to adults who need help with decision-making about finances and personal issues. However, as recent high-profile and less visible cases illustrate, guardianship can also infringe on personal rights and can lead to mistreatment of older adults and adults with disabilities. Join us for a webinar to discuss current trends and challenges in state guardianship systems, policies and practice. Using real-life guardianship scenarios, the webinar will explore ways to maximize autonomy and ensure accountability throughout the guardianship process. Presenters will discuss less restrictive alternatives to guardianship as well as ways to improve adjudication and post-appointment oversight of guardians.

The link to register for the free webinar is here.

Florida's Guardianship Improvement Task Force

The next public hearing of Florida's Guardianship Improvement Task Force is scheduled for September 14, 2021 (tomorrow) at noon eastern. According to the emailed announcement, "[a] live stream of the meeting can be accessed here beginning at 12:00 p.m., EDT, on September 14.  The meeting agenda is being finalized and will be available on the Task Force website once completed."  More info about tomorrow's meeting should be available here.

Video of the five prior meetings, as well as supporting materials, are available on the website as well.

According to the website,

The Guardianship Improvement Task Force was formed with the mission of studying the current status of Guardianships in Florida, with the goal of making recommendations to improve the protection of wards throughout the state.

To accomplish this goal, the Task Force will hear from many stakeholders and study current vulnerabilities. After careful consideration, recommendations will be made to improve the protection and best interests of wards. Some recommendations may be directed for action by the various stakeholders, but the anticipation is that most will be offered as positive legislative recommendations.

The Task Force is being sponsored and staffed by the Florida Court Clerks & Comptrollers association.

This CLE Is Worth Watching: #FreeBritney: Transforming & Reforming Conservatorship & Guardianship.

I had blogged a while back about this CLE, - #FreeBritney: Transforming and Reforming Conservatorship and Guardianship .  It was just excellent, and the recording is now available.  The program was sponsored by the ABA Section of Civil Rights and Social Justice, Commission on Disability Rights, and Commission on Law and Aging.   The recording is available here.

Here's a  description of the program:

Britney Spears’ conservatorship battle has shed light on the widespread problems and overuse of conservatorships/guardianships nationwide. Guardianships can be abusive and unnecessarily strip individuals of their civil rights to make their own decisions and use supports to live and direct their lives. Disability, aging, and civil rights advocates are calling for changes to reduce the overuse of guardianship and conservatorship, to strengthen recognition and use of less restrictive alternatives to guardianship like supported decision-making, and increase due process protections in guardianship proceedings and in the monitoring of guardianships. Our panel of experts discusses the risks and harms of guardianship, its systemic flaws, and the promise of alternatives like supported decision-making. They discuss reforms and changes that can address the problems that Britney Spears’ case has brought to light.

Put some time on your calendars to watch this very important CLE.  Don't forget to scroll down the page to check out the resources that are provided.

 

 

Register Now: Webinar on Guardianship Rights in the Era of Britney Spears

Register now for a free webinar next Monday, August 23, at 3 eastern, #FreeBritney: Transforming and Reforming Conservatorship and Guardianship.

Britney Spears’ conservatorship battle has shed light on the widespread problems and overuse of conservatorships/guardianships nationwide. Guardianships can be abusive and unnecessarily strip individuals of their civil rights to make their own decisions and use supports to live and direct their lives. Disability, aging, and civil rights advocates are calling for changes to reduce the overuse of guardianship and conservatorship, to strengthen recognition and use of less restrictive alternatives to guardianship like supported decision-making, and increase due process protections in guardianship proceedings and in the monitoring of guardianships. Our panel of experts will discuss the risks and harms of guardianship, its systemic flaws, and the promise of alternatives like supported decision-making. They will discuss reforms and changes that can address the problems that Britney Spears’ case has brought to light.

Panelists include:
- Jonathan Martinis, Senior Director for Law and Policy at The Burton Blatt Institute at Syracuse University
- Zoe Brennan-Krohn, Staff Attorney, Disability Rights Program, American Civil Liberties Union, San Francisco
- Jasmine Harris, Professor of Law, University of Pennsylvania Carey School of Law
- Hon. Lauren S. Holland – Judge, Lane County Circuit Court
- Charles Sabatino (Moderator) – Director, ABA Commission on Law and Aging

To register, click here.

Aging, Health, Equity, and the Law Conference

Registration is now open for the Aging, Health, Equity, and the Law Conference at Touro Law.  Here's the info and relevant links:

Touro College Jacob D. Fuchsberg Law Center is pleased to host the virtual Aging, Health, Equity, and the Law Conference on September 13, 2021. The conference theme focuses on structural and systemic questions about discrimination and equity that older adults experience, and on policies recognizing these different challenges and promoting equity.

The keynote address will be delivered by Professor Nina Kohn, Syracuse University College of Law, and Distinguished Scholar in Elder Law, Solomon Center for Health Law & Policy, Yale Law School. Touro Dean Elena Langan and Provost Patricia Salkin will speak in the plenary session.

Attendees can choose among engaging presentations and discussion groups in concurrent tracks. The conference will provide opportunities for connection with networking and speed mentoring sessions. There is no registration fee for this online conference. New York CLE credit will be available. We hope that you can join us.

Conference registration: https://tourolawcenter.wufoo.com/forms/aging-health-equity-and-the-law-registration/

Conference program: https://bit.ly/3iUFiA1

For conference updates, please visit www.tourolaw.edu/ahelc.

Reminder! Here is Program for Upcoming Aging, Health, Equity & the Law Conference at Touro

Here is a link to the full schedule of speakers and topics for the virtual conference on "Aging, Health, Equity and the Law" hosted by Touro Law College on Monday, September 13, 2021.  The program runs from noon to 6:15 and registration is free.  Highlights include:

• 12:20 Keynote Address 

    Nina A. Kohn, the David M. Levy Professor of Law and Faculty Director of Online Education at Syracuse  Law, and the Distinguished Scholar in Elder Law for the Solomon Center   for Health Law & Policy at Yale Law School.

• Afternoon Tracks on Different Topics, including (you will have other great options too, so I encourage you to look at the full schedule linked above!):  

        1:00 "Property Law for the Ages," by University of Chicago Law Professor Lior Strahilevitz 

        1:30 "Allocating Scarce Medical Resources During a Public Health Crisis:  Should Age Matter?" by Houston Law Center Professor Jessica Mantel

        2:00 "Anti-Racism in Nursing Homes," by Elizabeth Chen, Acting Assistant Professor, NYU Law

        3:00 "Incorporating Cultural Sensitivity in Elder Law Courses", by Richard Kaplan, University of Illinois Law

        4:00 "End of Life, Elder Abuse, and Guardianship: An Exploration of NY's  Surrogate Decision-making Framework," by Deirdre Lok and Tristan Sullivan, Counsel at the Weinburg  Center for Elder Justice

Registration (Free!)  is here, and New York CLE credits are available.  

When I'm 64 Course

Washington University St. Louis Institute for Public Health has some interesting programs, including the Center for Aging. One program (actually, a course)  is featured in the article, When I’m 64: What will our future be? . Here's how the course is described: 

Beginning August 30, students enrolled in the “When I’m 64” course ... will work with multidisciplinary faculty and graduate students, local organizations and experts in aging to learn how they can help transform society as they age. The course features lectures, activities and small group discussion, and interaction each week in class with older adults from local organizations like STL Village, a local non-profit that “assists people 50+ to age in their own homes with 24/7 access to a full range of activities and support services for safe and socially-connected living.”

For more info about the course, click here and here

PS-is the song now stuck in your head?

Webinar on Resuming SNF Visitation & Spotting Trauma

Register now for this  June 18 (3 eastern) webinar, NORC Webinar: Resuming In-Person Visits During COVID-19: Tips for Identifying Trauma, Potential Abuse, and Supporting Residents

In recognition of World Elder Abuse Awareness Day (WEAAD) join us to learn how to identify and respond to signs of trauma and potential abuse or neglect and support residents as Ombudsman programs resume in-person visits during the COVID-19 pandemic.

Dr. Laura Mosqueda, a national and international expert on elder abuse and neglect, will provide tips for Ombudsman programs conducting in-person visits, such as signs of trauma in response to isolation and loss during the pandemic and potential signs of abuse and neglect. She will also share recommendations for supporting residents and available resources. As an accomplished physician and researcher, Dr. Mosqueda has testified in front of Congress and has been invited to the White House several times to discuss elder justice initiatives. She has taken the lead on landmark studies to identify forensic markers of abuse and neglect and serves as a volunteer representative for the California Long-Term Care Ombudsman program.

Attendees will also hear from two Ombudsman program representatives as they share their experience resuming in-person visits and highlight what they observed upon reentry, how they supported residents, tips for visits, lessons learned, and successful practices.

Click here to register.