LEGAL ASSISTANCE
Older adults often face unique legal issues that can significantly impact their lives and well-being. Here are some of the most challenging legal issues they may encounter:
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Estate Planning and Wills
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Wills and Trusts: Creating, updating, and executing wills and trusts to ensure their assets are distributed according to their wishes.
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Probate: Navigating the probate process, which can be complex and time-consuming.
3. Elder Abuse and Neglect
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Physical, Emotional, and Financial Abuse: Protecting older adults from various forms of abuse, including fraud, scams, and exploitation.
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Neglect: Addressing situations where older adults are not receiving adequate care from caregivers or institutions.
5. Power of Attorney and Advance Directives
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Power of Attorney: Designating someone to make financial and legal decisions on their behalf if they become incapacitated.
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Advance Directives: Establishing living wills and healthcare proxies to guide medical decisions when they are unable to communicate their wishes.
7. Housing Issues
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Age Discrimination: Addressing discrimination in housing and ensuring fair treatment in rental and purchase agreements.
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Eviction Protection: Understanding rights related to eviction and housing stability.
9. Employment and Age Discrimination
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Age Discrimination: Legal protections against workplace discrimination based on age.
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Retirement Rights: Ensuring fair treatment and understanding rights related to retirement and employment.
2. Guardianship and Conservatorship
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Guardianship: Appointing a guardian to make personal and health care decisions for older adults who are no longer able to do so themselves.
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Conservatorship: Managing financial affairs when an older adult is deemed incapable of handling their finances.
4. Healthcare and Long-Term Care
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Medicare and Medicaid: Understanding and navigating these programs, including eligibility, benefits, and coverage.
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Long-Term Care: Planning for long-term care needs, including nursing homes, assisted living, and in-home care.
6. Social Security and Retirement Benefits
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Social Security Benefits: Ensuring they receive the maximum benefits they are entitled to.
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Pension Rights: Protecting their rights to pensions and retirement savings.
8. End-of-Life Issues
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Hospice Care: Legal issues surrounding end-of-life care and the right to die with dignity.
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Funeral and Burial Arrangements: Preplanning and funding arrangements to reduce the burden on family members.
10. Consumer Protection
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Fraud and Scams: Legal recourse for victims of scams, fraud, and identity theft.
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Consumer Rights: Protecting older adults in transactions and contractual agreements.
Addressing these issues requires a combination of legal knowledge, proactive planning, and access to appropriate resources and support systems.
The Department for the Aging ("NYC Aging") partners with local organizations to offer free legal services through the Legal Assistance for the Elderly Program. This program provides multilingual legal assistance to New Yorkers aged 60 and older in all five boroughs. The program aims to assist clients with various legal issues, including:
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Legal Representation: At administrative hearings or court proceedings, covering:
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Housing issues: landlord/tenant disputes, foreclosure, home repair fraud, utility shut offs, or home ownership/real property matters
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Guardianship, abuse, or neglect cases
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Consumer issues: fraud, credit card disputes, bankruptcy, or reverse mortgages
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Public Benefits: Assistance with applications, recertifications, and appeals
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Legal Advice: Counseling and referrals
Below is a list of some resources for legal assistance in Brooklyn and NYC:
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Legal Aid: Access to free or low-cost legal assistance for those who qualify.
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Elder Law Attorneys: Specialists who focus on the unique legal needs of older adults.
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Legal Assistance for the Elderly: https://www.nyc.gov/site/dfta/services/legal-help.page