Abuse Of Guardianship And Powers Of Attorney, Scams And Other Forms Of Exploitation

aoa.dhhs.gov, Aug 10, 2005

According to the OAA, states must provide “assurances that area agencies on aging will give priority to legal assistance related to income, health care, long-term care, nutrition, housing, utilities, protective services, defense of guardianship, abuse, neglect, and age discrimination.” Services are also to be targeted to “older individuals with economic or social needs.”

AoA legal services providers promote alternatives to guardianship. These include medical and financial powers of attorney, living wills, and advance directives (combination of a medical power of attorney and a living will). AoA legal services providers also represent seniors who wish to contest a guardianship petition or those who desire to modify or terminate an existing guardianship (or power of attorney).

The OAA requires each state to appoint a Legal Assistance Developer. Similar to a state Long-term Care Ombudsman, this person is responsible for developing and coordinating the state’s legal services and elder rights programs. Specific duties can include:  providing technical assistance and training to legal assistance programs and hotlines, area agencies on aging and ombudsmen;  developing standards to ensure that legal providers reach targeted groups and address priority issues; and
developing statewide reporting systems to determine the impact of legal assistance programs.

AoA also supports national legal resources centers (listed below) that work to improve the quality and accessibility of the legal assistance provided to older people across the United States. These grantees provide elder law attorneys and aging services providers with training, fact sheets and other written materials, case consultations, and help with service delivery issues.

Predatory lending, abuse of guardianship and powers of attorney, scams and other forms of exploitation threaten the well being of older Americans. Many seniors never recover financially or emotionally from the theft of their homes or life savings. AoA’s legal providers, developers, resource centers and hotlines protect seniors from these threats by providing them with prevention information; assistance in terminating exploitive contracts, guardianships, or powers of attorney; and help seeking restitution. They also help older persons understand their rights, exercise choice through informed decision-making and benefit from the support and opportunities promised by law