Elder Law Prof Blog

Register Now-Webinar on Guardianship Systems & Practices

The National Center on Law & Elder Rights has announced a webinar on Thursday September 22, 2022 at 3 eastern on Strengthening Rights & Ensuring Accountability in Guardianship Systems & Practice.   Here's a description

Improvements to state court adult guardianship systems can include the promotion of less restrictive options, strengthening rights, and ensuring accountability. Making significant changes in practice and systems requires the commitment of many parties, including courts and the legal, aging, and disability communities.

Join us for Part 1 of this training series to learn about models and promising practices to reform guardianship being implemented by three “highest state court” recipients of the ACL Elder Justice Innovations Guardianship Improvement grant program (Maryland, Minnesota, and Oregon).

This training will also preview Part Two of this series, which will focus on strategies for legal advocacy for proposed protected persons and protected persons.  

Presenters will share strategies they are implementing to:

1. Address diversion from, alternatives to, and revocation of guardianship;
2. Redress occurrence and risk of abuse, neglect, and exploitation in guardianship; and
3. Enhance the fairness, effectiveness, timeliness, safety, and integrity of adult guardianship or conservatorship proceedings.

Speakers:

• Hilary Dalin, Office of Elder Justice and Adult Protective Services, Administration on Aging Administration for Community Living
• Nisa C. Subasinghe, Maryland Judiciary
• Jamie Majerus, Minnesota Judicial Branch
• Christian Hale, Oregon Judicial Department
• Jeffrey Petty, Oregon Judicial Department
• Jessica Brock, Indiana Legal Services

Closed captioning will be available on this webcast. A link with access to the captions will be shared through GoToWebinar’s chat box shortly before the webcast start time.

This training will be presented in a WEBCAST format to accommodate more participants. Due to the high volume of participants, computer audio will be the only option to listen to the presentation. No telephone call-in number will be provided. Please plan accordingly. Thank you. 

This webcast will be recorded and available on our website shortly after the presentation. The recording and training materials will also be emailed to all registrants within a few days after the training.

The webcast will take place on Thursday, September 22, 2022, at 12:00 p.m. P.T./3:00 p.m. ET and will run for 75 minutes.

To register, click here.

National Clearinghouse on Abuse in Later Life Webinar Series

It's been a few weeks since I blogged. There is just so much "bad" news these days, that I wanted to blog about more cheerful things.  Upcoming events that expand our knowledge, especialy free ones, seem to be a cheerful subject for today's post, so just as an FYI,  the National Clearinghouse on Abuse in Later Life (NCALL) is offering a 5 part series for civil attorneys on abuse.

In this five-part webinar series for civil attorneys and legal advocates, attendees will learn about a range of topics related to civil remedies for abuse in later life.

Presented by the National Clearinghouse on Abuse in Later Life (NCALL) and the American Bar Association Commission on Domestic & Sexual Violence (ABA CDSV) and sponsored by the U.S. Department of Justice, Office on Violence Against Women (OVW).

All webinars will be held from 1-2:30 p.m. Eastern Time. There is no cost to attend.

• ​Monday, July 11: Module 1: Abuse in Later Life Overview – This module explores forms of abuse in later life, common abuser tactics, and dynamics of power and control that exist in many abuse in later life cases.

• Monday, July 25: Module 2: Forming the Relationship with Your Client -This module discusses the importance of using a victim-centered approach to screening for abuse in later life and critical challenges to client communication, including accessibility and cultural barriers. The key concepts of privilege, confidentiality, and mandated reporting are also discussed.

• Monday, August 1: Module 3: Client Goal-setting and Non-litigation Responses – This module discusses the need for civil attorneys to listen to client priorities and goals to achieve desired outcomes. Engaging in multi-disciplinary collaboration and client advocacy are also reviewed.

• Monday, August 8: Module 4: Legal Resolutions and Remedies – This module identifies available civil legal remedies that serve both vulnerable and competent older victims.

• Monday, August 15: Module 5: Bringing the Case – Trial Skills – This module discusses the identification and preservation of evidence and testimony and helps viewers to understand methods to develop an effective elder abuse case theory and prepare witnesses for direct and cross-examination.

Click here to register for any/all of the webinars.

National Clearinghouse on Abuse in Later Life Webinar Series

It's been a few weeks since I blogged. There is just so much "bad" news these days, that I wanted to blog about more cheerful things.  Upcoming events that expand our knowledge, especialy free ones, seem to be a cheerful subject for today's post, so just as an FYI,  the National Clearinghouse on Abuse in Later Life (NCALL) is offering a 5 part series for civil attorneys on abuse.

In this five-part webinar series for civil attorneys and legal advocates, attendees will learn about a range of topics related to civil remedies for abuse in later life.

Presented by the National Clearinghouse on Abuse in Later Life (NCALL) and the American Bar Association Commission on Domestic & Sexual Violence (ABA CDSV) and sponsored by the U.S. Department of Justice, Office on Violence Against Women (OVW).

All webinars will be held from 1-2:30 p.m. Eastern Time. There is no cost to attend.

• ​Monday, July 11: Module 1: Abuse in Later Life Overview – This module explores forms of abuse in later life, common abuser tactics, and dynamics of power and control that exist in many abuse in later life cases.

• Monday, July 25: Module 2: Forming the Relationship with Your Client -This module discusses the importance of using a victim-centered approach to screening for abuse in later life and critical challenges to client communication, including accessibility and cultural barriers. The key concepts of privilege, confidentiality, and mandated reporting are also discussed.

• Monday, August 1: Module 3: Client Goal-setting and Non-litigation Responses – This module discusses the need for civil attorneys to listen to client priorities and goals to achieve desired outcomes. Engaging in multi-disciplinary collaboration and client advocacy are also reviewed.

• Monday, August 8: Module 4: Legal Resolutions and Remedies – This module identifies available civil legal remedies that serve both vulnerable and competent older victims.

• Monday, August 15: Module 5: Bringing the Case – Trial Skills – This module discusses the identification and preservation of evidence and testimony and helps viewers to understand methods to develop an effective elder abuse case theory and prepare witnesses for direct and cross-examination.

Click here to register for any/all of the webinars.

Webinar on Person-Centered Decision-making as Alternative to Guardianship

Here's one more webinar to close out this week.  Pathways to Person-Centered Decision-Making and Alternatives to Guardianship is scheduled for June 21 at 3 eastern. Here is the description:

Person-centered practice is grounded in the idea that people with disabilities are the decision makers in their own lives. Supporting people to make choices is a priority for person-centered systems. Too often people with disabilities are appointed guardians. When people have guardians, their ability to make choices may be significantly constrained in the name of keeping them safe.

This webinar will explore how disability systems are expanding alternatives to guardianship, such as supported decision-making where people choose supporters to help them make important decisions in their lives. Current efforts across the country and internationally to implement supported decision-making and other alternatives provide an historic opportunity to help people take control of their lives. In this webinar, national experts, state representatives, advocates, and people with lived experience of disability from Colorado, Georgia, and Wisconsin, will outline strategies for systems and a new NCAPPS resource to expand supported decision making so that more people can benefit from these alternatives to guardianship.

To register, click here.

 

FDIC & CFPB Upcoming Webinar

Mark your calendars for a June 15  3 p.m. eastern webinar from the FDIC and the Consumer Financial Protection Bureau for a webinar on  learning about ways to fight elder financial exploitation by using "Money Smart for Older Adults." Click here to register. If you aren't familiar with the FDIC's Money Smart program, click here to learn more.

 

 

FBI & Others Offer Elder Justice Initiative Webinars

With World Elder Abuse Awareness Day fast approaching, I'm getting several emails about various educational opportunities during the month of June. Several agencies have partnered to offer a health care fraud webinar series.  The upcoming webinars include Elder Justice: A Case Study of Abuse/Neglect  on June 15, Elder Justice: A Case Study in Health Care Fraud on June 22, and Elder Justice: A Q&A about health care fraud, abuse, and neglect on June 29.  The webinars are all free and open to everyone.

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.

Webinar on Housing Rights Post-Disaster

The National Center on Law & Elder Rights has announced the following upcoming webinar, Addressing Housing Issues Facing Older Adults Following A Natural Disaster on February 9 at 2 eastern.

Older residents in areas affected by natural disasters face a number of challenges, including issues related to housing security and obtaining temporary shelter. Legal assistance and aging services professionals play a critical role in identifying these needs and providing assistance before, during, and after a disaster. This training will discuss common housing issues faced by homeowners and renters following a natural disaster, with a focus on how advocates and providers working with older adults can assist them pre-disaster to head off these housing issues. The webcast will also discuss post-disaster resources available to older adults and advocates to help address housing recovery needs following a natural disaster. 

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.

Senate Committee on Aging Hearing Today

The Senate's Select Committee on Aging is holding a hearing today at 9:30 a.m. on "Frauds, Scams and COVID-19: How Con Artists Have Targeted Older Americans During the Pandemic". The witnesses include three experts and one consumer.   The hearing will be available through a live feed.  Click here to watch the hearing.

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.

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.

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.  

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.

Webinar on Ageism in SNFs

The Long Term Care Community Coalition is offering a webinar on April 20, 2021 at 1 eastern on an Antidote to Ageism in Nursing Homes. Here's the description

Residents thrive when helped to achieve their highest practicable level of physical, mental, and psychosocial wellbeing. When the requirements of the Nursing Home Reform Act of 1987 are realized, the colonial, custodial injustice of long-term scare will finally end. In this webinar, Cathy Unsino, LCSW, will talk about how to transform nursing homes into warm, vibrant communities in which residents and staff thrive.

Click here to register.

Webinar on Person-Centered Services and Long-Term Care

Mark your calendars now for this upcoming webinar from AARP and the D.C. Office of the A.G. on Person-Centered Services and Long-Term Care,scheduled for March 10 at 11 eastern. Here's more info about this webinar:

People living in long-term care facilities, or receiving long-term care services, have the right to make their own decisions about their care and to lead those discussions. Join us to learn more about what Person-Centered Services means for people receiving long-term care, for their families and for service providers, especially now with the challenges imposed by the public health emergency.

Click here to register.