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HomeMy WebLinkAbout2015_03_18 Regular Meeting HandoutSALA CENTRAL OFFICE 160 E. Virginia St. #260 San Jose, CA 95112 (408) 295-5991 Toll Free Numbers: (408) 847-7252 South County (650) 969-8656 North County www.sala.org SALA Senior Adults Legal Assistance Who We Are and What We Do: Legal Services Supporting Older Persons to Live Safely, Independently, and with Dignity This handout is current as of December 2014 and may not be reprinted or reproduced without SALA's permission. SALA's services are funded in part by: Sourcewise • State Bar Legal Services Trust Fund Program • Equal Access Fund • California Department of Aging • County of Santa Clara • City of Campbell • City of Cupertino • City of Milpitas • City of Mountain View • City of Palo Alto • City of San Jose • City of Santa Clara • City of Sunnyvale • Silicon Valley Campaign for Legal Services Providing Free Legal Services To Santa Clara County Elders Since 1973 latW fDp SALA is a non-profit elder law office whose mission is to support older persons in their efforts to live independently, non -institutionalized, and with dignity. Established in 1973, SALA provides free legal services and community education to Santa Clara County residents who are age 60 or older. There is no income eligibility qualification to use SALA's services. SALA's attorney staff provides a range of legal services from simple advice/referrals to comprehensive legal representation. SALA's caseload consists of legal matters that private attorneys typically do not handle and that have a great impact on elders most in need in our community. At It& SALA's services are provided primarily through appointments at senior centers in Santa Clara County. Appointments are scheduled by the centers. See page 5 of this handout for a list of these locations. SALA attorneys also make home visits to institutionalized and homebound elders. To arrange a home visit, contact SALA's Central Office. Urgent legal assistance, for matters that meet our emergency guidelines, is also available by calling SALA's "HOTLINE". SALA's goal is to provide quality legal services to our clients. To that end, SALA prefers to meet personally with clients so that we can fully review their legal matters and relevant documents. Except for certain types of urgent matters, which are handled through our telephone "HOTLINE", SALA is not able to provide general legal advice by phone. h1 i Currently SALA is handling the following types of matters through our phone HOTLINE: • Elder Abuse • Termination of public benefits • Sheriff's evictions (on a case by case basis) SALA will make every effort to conduct an emergency telephone intake and assessment within 48 business hours for clients with that call our HOTLINE with above-described problems. Please note that our emergency case guidelines are subject to change depending on our current active caseload and the availability of our attorney resources. Elders with such emergency matters, or individuals wishing to refer such elders, should contact the SALA HOTLINE. The 48-hour response time is limited to "emergency" cases only, so it is important to provide us with as much information as possible to help us assess whether the case meets our emergency guidelines. When making a referral, we need the client's name, phone number, a brief factual summary, and any critical dates or deadlines. 2 s�) `It I� • PUBLIC BENEFITS: Social Security and SSI (except disability cases); Medicare and Medi -Cal; and In Home Support Services. • LONG TERM CARE: Nursing Home and Residential Care issues; Alternatives to Institutionalization. • ELDER ABUSE: Restraining/Protective Orders for Elder Abuse, Domestic Violence or Civil Harassment Restraining or Protective Orders; Lodger Statute Evictions; Revocation of Powers of Attorney (for fiduciary abuse). • HOUSING: Landlord -Tenant; Subsidized/Senior Housing; Mobile Home Residency problems; Fair Housing/Housing Discrimination • CONSUMER: Medicare HMO or Supplemental Insurance disputes; Long -Term Care Insurance problems. • INCAPACITY PLANNING: Advance Health Care Directives; Health Care Powers of Attorney; Uniform Statutory Form Powers of Attorney (for financial management) • PROBATE ALTERNATIVES: Death of Joint Tenant Affidavits; Small Estate Affidavits (valued at $150,000 or less). • SIMPLE WILLS: Attorney -drafted wills (through SALA's No Fee Wills Panel); statutory wills, or holographic wills for elders with modest assets. I to NOW SALA offers "self-help" packets to clients in the following areas: • Lodger Statute Eviction • Affidavit - Death of Joint Tenant • Small Estate Affidavit (for estates valued at $150,000 or less) • Uniform Statutory Form Power of Attorney • Revocation of Power of Attorney • Holographic Will • Statutory Will (for elders with very modest estates) Clients wishing to obtain a self-help packet must go through the regular appointment process so that a SALA attorney can assess whether the packet is appropriate for their particular case. 3 SALA's attorneys are not able to handle all legal matters brought to us. For matters that we cannot handle, we make every effort to provide elders with appropriate advice or information, to make a referral, or to do both. In many cases, we are able provide elders with legal information or tools (SALA "Self -Help" packets with forms and instructions) to enable them to resolve their legal matters themselves. In selected civil matters, SALA can make referrals to the Pro Bono Project of Silicon Valley for free legal assistance by one of their volunteer attorneys. Other referrals for free legal assistance are also available. Elders can contact our Central Office and request SALA's "Self -Screening Handout", if they are not sure SALA can help them, or they can schedule a SALA appointment at a senior center location. If at the appointment we assess that their matter is something that we cannot handle, we will provide them with advice/information, make a referral, or both. Et The abuse of elders — in particular by adult children, grandchildren, caregivers, or tenants renting rooms in elders' homes -- is a growing problem in our community. Over the past several years SALA has experienced an increase in physical elder abuse cases in large part due to the housing crisis in the Silicon Valley, which has forced many elders into shared housing situations with others. Elder abuse cases come to us by way of our regular client intake or referrals from law enforcement, the Superior Court's Self Help Center, Adult Protective Services, the Long Term Care Ombudsman, and other service providers. SALA's attorneys assist elders in obtaining restraining or protective orders to prevent physical abuse under the Domestic Violence Prevention Act, Elder Abuse and Dependent Adult Civil Protection Act, and California Civil Code. SALA also obtains residence exclusion ("kick out") orders to remove abusers who are living in our clients' homes. SALA's services include filing and preparation of all paperwork for the court and attorney representation at court hearings. Elders in need of such urgent assistance can call SALA's "HOTLINE" at (408) 295-5991. SALA's Elder Law Education Project provides a neutral forum for elders to learn about legal planning for the future. SALA staff attorneys and volunteer estate planning attorneys make presentations at senior centers or to other groups on such topics as: • Do I Need A Will? Do I Need A Living Trust? Learn the Basics About Legal Planning for the Future. • "Good Legal Health" and How it Promotes Independence and Healthy Aging • Prevention of Elder Abuse — How to Protect from Becoming a Victim SALA's staff attorneys also make presentations about SALA services in general. To request a presentation, contact the SALA's Central Office at (408) 295-5991. 4 'Si�oln�rri nt L.oca ons in S�i%ta Ciar �ounV ` .. SALA is the only non-profit provider of free legal assistance that delivers services to elders primarily through "focal points" (senior centers and community sites) in Santa Clara County. SALA appointments are available at all of the sites listed below and can be scheduled by calling the telephone numbers for any of the appointments locations below. PALO ALTO WEST SAN JOSE CAMPBELL Avenidas Senior Center Cypress Senior Center Campbell Adult Center 450 Bryant 403 South Cypress Avenue 1 W. Campbell Avenue, C-33 Palo Alto, CA 94301 San Jose, CA 95117 Campbell, CA 95008 650-289-5400 408-244-1353 408-866-2146 Stevenson House DOWNTOWN SAN JOSE WILLOW GLEN 455 E. Charleston Road John XXIII Senior Center Willows Senior Center Palo Alto, CA 94306 195 East San Fernando 2175 Lincoln Ave. 650-494-1944 San Jose, CA 95112 San Jose, CA 95126 408-282-8600 408-448-6400 MOUNTAIN VIEW Mountain View Senior Center Roosevelt Community Center CAMDEN 266 Escuela Ave. 901 E. Santa Clara Street Camden Community Center Mountain View, CA 94040 San Jose, CA 95116 3369 Camden Ave. 650-903-6330 408-794-7555 San Jose, CA 95124 408-559-8553 SUNNYVALE WASHINGTON AND Sunnyvale Community Services TULLY/SENTER ALMADEN 725 Kifer Road Alma Senior Center Almaden Community Center Sunnyvale, CA 94086 136 West Alma 6445 Camden Avenue 408-738-4321 San Jose, CA 95110 San Jose, CA. 95120 408-275-1315 408-268-1133 SANTA CLARA. Se habla Espanol aqui Santa Clara Senior Center EVERGREEN 1303 Fremont Seven Trees Community Center Evergreen Community Center Santa Clara, CA 95051 3590 Cas Drive 4860 San Felipe Rd. 408-615-3170 San Jose, CA 95111 San Jose, CA. 95135 408-794-1690 408-270-2220 MILPITAS Barbara Lee Center EAST SAN JOSE SOUTH SAN JOSE 40 N. Milpitas Blvd. Eastside Senior Center Southside Center Milpitas, CA 95035 2150 Alum Rock Ave. 5585 Cottle Road 408-586-3400 San Jose, CA 95116 San Jose, CA 95123 408-251-0215 408-629-3435 BERRYESSA Se habla Espanol aqui Berryessa Community Center SOUTH COUNTY 3050 Berryessa Rd. WEST VALLEY CRC Senior Center San Jose, CA. 95132 Saratoga Senior Center 171 W. Edmundson Ave. 408-251-6392 19566 Allendale Avenue Morgan Hill, CA Saratoga, CA 95070 408-782-1284 CUPERTINO 408-868-1257 Cupertino Senior Center Gilroy Senior Center 21251 Stevens Creek Blvd. 7371 Hanna St. Cupertino, CA 95014 Gilroy, CA 95020 408-777-3150 408-846-0414 SALA is an Equal Opportunity Service Provider to all persons regardless of race, sex, color, religion, actual or perceived gender identity, sexual orientation, disability, ethnic or national origin, or familial status. 5 July 2014 SALA Senior Adults Legal Assistance Legal Services Supporting Elders to Live Safely, Independently, and with Dignity and Choice Good "Legal Health" for Older Adults Promotes Independent and Healthy Aging SALA offers suggestions to maintain optimum legal health and stop legal problems before they start A study about the economic security of elders by the UCLA Center on Heath Policy and a related article in the San Jose Mercury News (February 24, 2009) both indicate that many older Californians are facing challenges making ends meet. In an economic climate where many seniors must choose between paying for food or medical care, they cannot afford to pay an attorney when they need legal help. SALA is a non-profit law office that provides free legal services to Santa Clara County residents age 60 or older. Our services are limited by the amount of funding that we receive, so are able to assist 1,000 seniors annually. In an environment of limited resources for legal services and increased need, we believe an ounce of prevention is worth a pound of cure, so we offer these suggestions on how to be legally healthy and stop some common types of legal problems before they start. Legal Health & Wellness — Why it is Important In the publication How is Your Legal Health, the State Bar of California notes that staying in shape means more than just physical well being. An individual's "legal health", regardless of his or her age, can also be important. SALA feels that being "legally healthy" is even more important for older adults we serve, in particular (1) making sure that basic legal planning for the future is in place, (2) understanding how to avoid risks and pitfalls to stop legal problems before they might start, and (3) knowing where or when to get help. This handout summarizes preventive steps seniors can take to maintain optimum independence and "legal health" in the current economic climate in three areas where SALA receives a significant number of requests for help — Planning for the Future, Dealing with the Social Security Administration, and Prevention of Elder Abuse. This handout also provides information about when to seek legal help, but it is not intended to replace the specific advice or counsel of an attorney. Stop Problems Before They Start = Legal Planning for the Future Basic legal planning for the future is a much requested service for SALA's clientele. This type of basic planning can include making arrangements for health and personal care decisions or financial management if an older person can no longer do so or becomes incapacitated. SALA can also assist older persons with modest estates do legal planning for the management of their estates and the distribution of their assets after they die through three types of simple wills. Why Legal Planning is Important. Legal planning for the future is important, regardless of how much or how little you may have in your estate. Such planning will ensure that your desires are followed should you become incapacitated or after you die. This type of planning is particularly important if you suffer from a chronic or terminal illness. Advance planning will also help avoid family conflicts and protect your survivors. Putting your plans in writing will also help decrease the risk of any misunderstandings, mismanagement, or, worse yet, elder abuse or exploitation. Having planning in place can also be important for another reason, as it may be helpful to your housing situation. For example, some housing projects for low-income seniors are asking their tenants to have plans or arrangements in place to appoint someone to step in and take over should they become incapacitated or die while living there. When to Plan. The best time to make decisions about the future is while you are healthy, yet it has been SALA's experience that some seniors are hesitant to begin planning because of the "small print" or the legal terminology in the planning documents. Don't let the "small print" or legal terms scare you. Also, don't wait until it is too late to do your planning. We cannot count the number of times a spouse or family member has brought an elder with LEGAL HEALTH AND WELLNESS OF OLDER ADULTS SENIOR ADULTS LEGAL ASSISTANCE advanced dementia to SALA for legal planning and we could not help with this because this elder did not have mental capacity to execute a power of attorney or even a simple will. Getting Legal Help. SALA offers free assistance with these basic legal planning tools: Advance Health Care Directives (for health care and personal care decisions); the Uniform Statutory Form Power of Attorney form (for financial management); Attorney Prepared Simple Wills for elders with modest assets (no more than $10,000 per individual or $15,000 per couple excluding the home and auto); the California Statutory Will form (for elders screened for modest assets and suitability of a Statutory Will to meet their needs); Holographic (handwritten) Wills for elders with modest assets. Stop Problems Before They Start Dealing with Social Security Many of our clients rely upon benefits from Social Security or Supplemental Security Income (SSI) to provide for their basic needs. In this current economic climate, the loss of any one of these benefits could create a crisis in their lives. We believe that if seniors are knowledgeable and cooperative with the Social Security Administration (SSA), and they treat their dealings with SSA as a business, they will be in the best position to protect their rights and benefits. See suggestions below. Be Knowledgeable. Make an effort to understand your responsibilities and rights under Social Security programs and do not be afraid to ask questions. Review the annual Social Security Statement sent to you prior to your birthday with your latest reported earnings and earnings for prior years. If any earnings are shown incorrectly, contact the SSA as soon as possible. If you receive any Social Security or SSI notices regarding your benefits, take them with you to the SSA office. Make notations on the notices for any parts that create questions or that need more complete explanations. If you have problems, ask for a full explanation of your rights and responsibilities. Be Cooperative and Helpful. Taking an active role and assisting the SSA representatives with your case can save your time and energy as well as theirs. Keep your wage statements and expense and bank records organized. When an SSA representative requests documents or reports, provide them promptly and in the proper form, or ask if alternative forms of paperwork can be submitted. If you receive SSI, report all changes (increases and decreases) in your income, assets and expenses to SSA to see if they affect your benefits. Read and Understand All Notices. Generally the SSA must notify you in writing of actions that it takes or plans to take in your case. Read these notices carefully (on both sides), paying close attention to any dates and deadlines for appealing the action or decision. If you do not understand the notice, do not ignore it. Ask a SSA representative for an explanation of the notice and what your rights are in the situation. Also ask if and how you can appeal the decision or have the action waived by the SSA. Keep All of Your Paperwork. It is important to keep all documents and paperwork between you and SSA. We cannot stress this enough. Keep anything you receive from the SSA and anything that you give to SSA. Put all of these papers in one place, such as a large envelope, file, or shoe box. Never give originals of letters or notices to anyone. Give them a copy and keep the original. Also, if you file any papers with SSA, ask them to stamp a copy with the date showing that it was received by them or have them provide you with a copy or a receipt with the filing date. Treat Social Security Administration Like a Business. Just like your banking, investments, or accounting, your dealings with the SSA are serious business. The more knowledge you have and the more organized your records are, the more smoothly your business with SSA will go and the more likely you are to obtain and maintain the benefits you are entitled to. First Steps If You Have a Problem. Try to talk with someone at an SSA local office first. Explain the problem and show them any letters or notices you received. Ask what you can do and what the SSA representative will do. If you receive a letter saying your benefits will be decreased or stopped, try to visit a local SSA office personally to find out what you can do. Keep a detailed record or journal of all phone calls and visits to SSA, including the date and time of the contact, the name of person you spoke with (ask for their name/title), and what you discussed. Getting Legal Help. If questions or problems arise regarding your benefits, it is advisable to seek legal assistance from a program like SALA. SALA may also be able to provide legal representation. Bring all notices from SSA to the SALA appointment. It is also helpful to bring copies of documents you submitted to SSA or that are relevant to your case. Stop Problems Before they Start - Preventing Elder Abuse In this current economic climate SALA continues to experience a high demand for our legal assistance to address the physical or financial abuse of elders, usually by someone living in their homes. This abuse affects a cross section of our clientele, regardless of gender, economic status, or ethnicity. Recognizing Elder Abuse. Elder abuse can take many forms. The most LEGAL HEALTH AND WELLNESS OF OLDER ADULTS SENIOR ADULTS LEGAL ASSISTANCE common type seen by SALA is physical abuse such as hitting, punching, or shoving. Other types of behavior, which are also elder abuse, include: verbal or psychological abuse; threats of harm; neglect; deprivation of food, water, medications, or clothing; and financial abuse. Elder abuse of any form is wrong, whether by a spouse, a child, other family, a caregiver, or a tenant. Considerations Before You Rent a Room in Your Home. Many abusive situations occur when elders open their homes to strangers or family in need of a place to stay. These types of shared housing arrangements appear to be increasing in the current economic climate, so seniors need to beware. If you plan to rent a room in your home, part of the process should involve a reference check of your prospective tenant. Even if this tenant is referred to you by an organization, do not rely solely on them to do a background check. Contact the tenant's previous landlord and ask questions, such as if the tenant was evicted from his/her last residence. If so, find out the reason. If the tenant does not have references or you cannot verify the references, you should think twice about renting a room in your home to that individual. Another important consideration is whether the individual has a criminal or violent background. Most court files are a public record. This means anyone can go the courthouse to find out if a person has a criminal record or has ever had a restraining order filed against him or her. If you are unable to check references on your own, ask a family member or friend to help. Some community or non-profit organizations that offer shared housing services may also be able to assist you with these background checks. Taking these precautions in advance will give you peace of mind and protect you from a possibly abusive situation. These same procedures should also be followed for a live-in caregiver. Check employment references and do background checks. Considerations Before You Open Your Home to Any Family Members. Opening your home to family members can also create unforeseen problems. Don't let family members pressure you into doing something you don't want. If a financially dependent child, grand- child, or other family wants to move in with you and you do not want them to, you have the right to say NO. If you are not comfortable saying no, offer to help in some other way, such as helping them find another place to live. If you decide to let a relative move in with you, be certain you know what you are getting into. Ideally it is best to put in writing what you expect from any relatives in exchange for providing them with housing. Written agreements can help eliminate some problems before they occur, but if they are unwilling to sign an agreement, they probably should not move in. Financial expectations (such as payment for rent, food, telephone, or utilities) should be stated in the agreement. Other items are the "house rules" you expect them to follow, such as no pets, no smoking, or overnight guests. If this relative has a drug or a drinking problem, or a condition for which he refuses help, think twice before letting him move in. Preventing Financial Abuse. SALA regularly sees seniors who are victims of financial abuse, which encompasses a broad range of conduct. A common perception is that financial abusers are strangers or scam artists, but usually it is family or loved ones that prey on our clients and abuse their trust. Often the financial abuse involves our clients' only asset, their homes, which have substantial value in Silicon Valley. SALA's best advice to you on how to protect yourself from being taken advantage of by anyone is to be informed. If a relative or anyone else wants you to sign a power of attorney or other legal document, read it carefully before signing. If you do not understand it, ask questions and consult with SALA or another attorney of your choosing before proceeding. Don't let anyone pressure you into signing or doing anything you don't want to do. If you are uncomfortable or unsure, just say NO and seek legal advice. For example, if your children pressure you to transfer title to your home to them, seek independent legal advice before doing so. Even if you signed a document that someone is now using to take advantage of you, such as a power of attorney, you may be able to revoke that document and pursue your legal remedies. Getting Help. If someone is abusing or taking advantage of you, contact SALA or the any of the local resources below: SALA (408) 295-5991 — free legal assistance for Santa Clara County seniors including civil restraining orders for elder abuse or domestic violence. Santa Clara County Bar Association Lawyer Referral Service (408) 971- 6822 — for referrals to private attorneys. Adult Protective Services (408) 975- 4900 or (800) 414-2002 — investigation/ Assessment for suspected elder abuse. District Attorney (408) 299-7400 — criminal prosecution of elder abuse. Sourcewise (408) 296-8290 — senior case management and referrals. Long Term Care Ombudsman (408) 944-0567— investigation of abuse in nursing homes or residential care. This article may not be reproduced without the express permission of SALA. PALO ALTO Avenidas Senior Center 450 Bryant Palo Alto, CA 94301 650-289-5400 Stevenson House 455 E. Charleston Road Palo Alto, CA 94306 650-494-1944 MOUNTAIN VIEW Mountain View Senior Center 266 Escuela Ave. Mountain View, CA 94040 650-903-6330 SUNNYVALE Sunnyvale Community Service 725 Kifer Road. Sunnyvale, CA 94086 408-738-4321 SANTA CLARA Santa Clara Senior Center 1303 Fremont Santa Clara, CA 95051 408-615-3170 MILPITAS Barbara Lee Senior Center 40 N. Milpitas Blvd. Milpitas, CA 95035 408-586-3400 BERRYESSA Berryessa Community Center 3050 Berryessa Rd. San Jose, CA. 95132 408-251-6392 CUPERTINO Cupertino Senior Center 21251 Stevens Creek Blvd. Cupertino, CA 95014 408-777-3150 WEST SAN JOSE Cypress Senior Center 403 South Cypress Avenue San Jose, CA 95117 408-244-1353 DOWNTOWN SAN JOSE John XXIII 195 East San Fernando San Jose, CA 95112 408-282-8600 Roosevelt Community Center 901 E. Santa Clara Street San Jose, CA 95116 408-794-7555 WASHINGTON AND TULLY/SENTER Alma Center * 136 West Alma San Jose, CA 95110 408-275-1315 Seven Trees Community Center 3590 Cas Drive San Jose, CA 95111 408-794-1690 EAST SAN JOSE Eastside Neighborhood Center * 2150 Alum Rock Avenue San Jose, CA 95116 408-251-0215 CAMPBELL Campbell Senior Center 1 W. Campbell Ave, C-33 Campbell, CA 95008 408-866-2146 WEST VALLEY Saratoga Senior Center 19566 Allendale Avenue Saratoga, CA 95070 408-868-1257 WILLOW GLEN Willows Senior Center 2175 Lincoln Ave. San Jose, CA 95126 408-448-6400 CAMDEN Camden Community Center 3369 Union Avenue San Jose, CA 95124 408-559-8553 ALMADEN Almaden Community Center 6445 Camden Avenue San Jose, CA 95120 408-268-1133 EVERGREEN Evergreen Community Center 4860 San Felipe Rd. San Jose, CA. 95135 408-270-2220 SOUTH SAN JOSE Southside Center 5585 Cottle Road San Jose, CA 95123 408-629-3435 MORGAN HILL CRC Senior Center 171 W. Edmundson Avenue Morgan Hill, CA 95037 408-782-1284 GILROY Gilroy Senior Center 7371 Hanna St. Gilroy, CA 95020 408-848-0414 * Se habla Espanol aqui SALA Senior Legal Senior Adults Legal Assistance 160 E. Virginia Street, Suite 260 San Jose, CA 95112 (408) 295-5991 www.sala.org SALA provides free legal services to Santa Clara County residents that are age 60 or older. There is no income restriction to use SALA's services. SALA is funded by Sourcewise, Legal Services Trust Fund Program, Equal Access Fund, California Department of Aging, County of Santa Clara, City of Campbell, City of Cupertino, City of Milpitas CDBG, City of Mountain View CDBG, City of Palo Alto, City of San Jose CDBG, City of Santa Clara CDBG, City of Sunnyvale, and the Silicon Valley Campaign for Legal Services. May2014 mi , : SALA Senior Adults Legal Assistance Legal Services Supporting Elders to Live Safely, Independently, and With Dignity and Choice Steps to Take to Prevent Elder Abuse: SALA offers practical advice on how to protect yourself from becoming a victim Older adults have the right to live their lives with dignity and without fear. This article discusses the topic of elder abuse and options available to seniors who find themselves in abusive situations. It is not intended to replace the advice of an attorney. Most of the elder abuse cases seen by SALA involve "domestic abuse" perpetrated by a family member or someone living in our clients' homes. This article is targeted to the current and future victims of such abuse. What is Elder Abuse? Elder abuse takes many forms. The most common is physical abuse such as hitting, shoving, or kicking. Other less obvious types of behavior, which are also elder abuse, include: verbal and psychological abuse; threats of harm; neglect; deprivation of food, water, medications, or clothing; and financial abuse. Elder abuse of any form is wrong, whether by a stranger, caregiver, spouse or other family mem ber. SALA's Intervention In Elder Abuse Matters Has Increased Since 1973, SALA has provided free legal services to Santa Clara County elders, including victims of elder abuse. For the past fourteen years SALA has experienced a particularly high demand for our legal intervention to prevent the physical or financial abuse of elders, usually by someone living in their own homes. Regrettably, SALA expects this trend to continue. Elder abuse affects a cross section of SALA's clientele, regardless of their gender, income status, or ethnicity. The elder abuse that we see also has no geographic boundaries -- we have assisted clients from all parts of our community that are victims of this abuse. What Types of Elder Abuse Does SALA See? Situations involving abuse by adult children or grandchildren living in the homes of our clients make up a majority of SALA's elder abuse cases. A common thread in many of these cases is the high priced housing market in Silicon Valley that has forced families, including those that are dysfunctional, into shared living arrangements. Drug or alcohol abuse is also involved in many of SALA's cases. SALA can obtain Domestic Violence Restraining Orders to remove abusive family members from elders' homes, thereby ensuring that our clients can be safe and free of fear in their own homes. Another scenario we frequently see involves elders on limited fixed incomes that own homes. To make ends meet, they rent out rooms to tenants that become abusive after moving in. The State Legislature recognized the vulnerability of seniors living in these types of shared housing situations and passed a law making it easier for programs like SALA to remove abusive tenants from seniors' homes with Elder Abuse Protective Orders. Under this law, SALA can also obtain restraining orders to remove abusive live-in caregivers from elders' homes. A third type of elder abuse that we see involves victims of spousal abuse. In some cases, the abuse persisted during a long-term marriage until the abused spouse could no longer tolerate it. Another scenario involves seniors who, later in life, marry much younger spouses that become abusive and isolate them from family members and friends. We also see elders that are being abused by a spouse that has dementia or Alzheimer 's disease. Recognizing Elder Abuse Oftentimes the clients we see do not recognize they are being abused because it has become such a part of their lives. Even law enforcement agencies do not always correctly identify elder abuse. We offer the scenarios below as examples: ELDER ABUSE SCENARIO #1: Sam Senior, age 70, lives with his 50 - year -old son. His son has a mental illness; he came to live with Sam Senior after he was evicted from his apartment. He was only going to stay for a few weeks but he has been there for two years. The son refuses to take his medication and verbally abuses Sam Senior. On several occasions he STEPS TO PREVENT ELDER ABUSE SENIOR ADULTS LEGAL ASSISTANCE threatened to burn down the home and goes into uncontrollable fits of rage where he breaks furniture. Sam Senior is afraid of his son and his health has deteriorated since his son moved in. In this scenario, Sam Senior did not recognize his son's behavior as elder abuse because he has lived with it everyday. ELDER ABUSE SCENARIO #2: Mary and Joe Elder are on a limited fixed income. To make ends meet they rented out a room in their home to Tony Tenant. After a month, the Elders discovered Tony has a temper. On one occasion he threw a coffee mug at Mary Elder after she had asked him to wash it. On another occasion Tony parked his car in the driveway and Joe Elder politely asked him to move it. Tony proceeded to bash in Joe Elder's car window and threatened to do the same to Joe's head! Fearing for their safety, the Elders called the police. They were told this was a landlord/tenant matter and if they wanted Tony Tenant out of their home they would have to legally evict him. The Elders did the right thing by calling the police. Unfortunately, the officers gave them the wrong information. Tony's behavior was elder abuse. However, because he was a tenant and not a family member, the officers did not recognize it as elder abuse. Are There Any Protections for Victims of Elder Abuse? YES! There are both criminal and civil laws designed to protect the elderly from being abused. Additionally, there are specific designated agencies that investigate and respond to elder abuse in the home and in skilled nursing facilities. Criminal laws are designed to punish abusers for their illegal behavior. But not all abusers are arrested and criminally charged. Most of SALA's elder abuse cases do not involve concurrent criminal prosecution, usually because our clients do not want to pursue this remedy against a family member. But if you are facing an immediate threat of danger from someone, always call 911 for help. Civil laws, specifically those that provide for Restraining Orders, are designed to protect elders from any further abuse. A civil Restraining Order can remove the abuser from your home and keep them away from you and your home for up to 3 to 5 years. A civil restraining order is separate from any criminal prosecution that might occur as a result of the abusive conduct. As set forth below, SALA can help with civil legal remedies. Santa Clara County's Adult Protective Services (APS) can also help. APS has social workers that investigate cases of elder abuse. APS will assess and evaluate a situation and can provide immediate support and interventions. You can contact APS at (408) 975- 4900. Long Term Care Ombudsman is the program that investigates elder abuse in residential care/assisted living facilities and in skilled nursing facilities. You can contact the Ombudsman at (408) 944-0567. How Can SALA Help Me? SALA's attorney staff is able to obtain Domestic Violence, Elder Abuse, and Civil Harassment restraining orders. Part of the restraining order process involves a court hearing. SALA attorneys prepare and file all of the paperwork and will provide legal representation in court. Restraining orders are civil court orders that prohibit someone from doing something. A restraining order can offer protection by removing an abuser from your home and keeping that person away for up to 3 to 5 years (depending on the type of restraining order). After this time has expired, the restraining order can be renewed for an indefinite period of time. In fact, clients often come back to SALA after their original orders expired for a renewal because they feel much safer with this legal protection in place. If you are being abused, you can contact SALA to find out if you could obtain a restraining order. If you are not sure if you need or want a restraining order, SALA's attorneys can discuss your other options. For example, sometimes SALA will write warning letters to abusers. What Can 1 Do To Prevent Elder Abuse In My Home? Many abusive situations occur when elders open their homes to strangers or a family member in need of a place to stay. If you rent a room in your home, part of the rental process should involve a reference check of your prospective tenant. Even if the tenant is referred to you by an agency or community organization, do not rely solely on them to do a background check. Contact the tenant's previous landlord and ask questions, such as if the tenant was evicted from his last residence. If so, find out the reason. If the tenant does not have any references or you cannot verify the references, you should think twice about renting a room to that individual. Another important consideration is whether the individual has a criminal or violent background. Most court files are public record. This means anyone can go the courthouse to find out if a person has a criminal record or has ever had a restraining order filed against him or her. If you are unable to check references on your own, ask a family member or friend to help. Taking these precautions will give you peace of mind and protect you from a possibly abusive situation. STEPS TO PREVENT ELDER ABUSE SENIOR ADULTS LEGAL ASSISTANCE The same procedures described above should be followed for ant live-in caregiver. Be sure that you check employment references and that you do a background check. Opening your home to a family member can also create unforeseen problems. Remember the earlier example of Sam Senior? His son was only going to stay with him for a few weeks but he ended up staying with Sam for two years. Do not let family members pressure you into doing something you do not want to do. If a financially dependent child, grandchild, or other relative wants to move in with you and you do not want them to, you have the right to say NO. If you do not feel comfortable saying no, offer to help in some other way, such as helping them find another place to live. If you do decide to let a relative move in with you, be certain you know what you are getting into. Ideally it is best to put in writing what you expect from that relative in exchange for providing them with housing. A written agreement helps eliminate problems before they occur. If they are unwilling to sign the agreement, then they should probably not move in. Financial expectations such as the payment of rent, food, and utilities should be stated clearly in the agreement. Another important item is the "house rules" you expect them to follow, such as no smoking, drinking, or overnight guests. But if that person has a drug or drinking problem, or a condition for which he refuses help, think twice before letting him move in. It is your right to say NO. Preventing Financial Abuse SALA also regularly sees seniors who are victims of financial abuse, which can encompass a broad range of conduct. Some of the types of financial abuse that SALA has seen include: children that pressure their elderly parents to transfer title to their home to them or to take out a loan against the home; a family member, caregiver, or tenant who uses an elder's credit card without their permission; a family member or stranger that befriends an elder and convinces the elder to loan them money or to invest in some type of scam; or an agent or trustee appointed to handle an elder's finances that does not provide for their needs, abuses their authority, or refuses to give them information about their assets. The clients that we see have also been victims of identity theft, lottery and living trust scams, and predatory lending practices. A common perception is that most financial abusers are strangers or scam artists, but usually it is family members or loved ones that prey on SALA's clients and abuse their trust. Quite often the financial abuse involves our clients' only asset, their homes, which can have substantial value here in Silicon Valley. SALA's best advice to protect yourself from being taken advantage of by anyone is to be informed. If a relative or anyone else wants you to sign a power of attorney or other legal document, read it carefully before signing. If you do not understand it, ask questions and consult with SALA or another attorney of your choosing before proceeding further. Do not let anyone pressure you into signing or doing anything you do not want to do. If you are uncomfortable or unsure, just say NO and seek legal advice. For example, if your children pressure you to transfer title to your home to them, seek legal advice before doing so. SALA has seen clients who have transferred their home to their children, only to be evicted by them at some later time. Even if you signed something that someone is now using to take advantage of you, such as a power of attorney where your agent is abusing her authority, you may be able to revoke the document and pursue your remedies. If you feel someone is taking advantage of you, take the first step to protect yourself by seeking legal assistance. Contact SALA or another attorney of your choosing. You can also call Adult Protect Services or the District Attorney. Local Community Resources Adult Protective Services (408) 975- 4900 or (800) 414-2002 — investigates suspected cases of elder abuse. Council on Aging (408) 296-8290 — case management for older adults and information or referrals to other senior services in Santa Clara County. District Attorney (408) 299-7400 — criminal prosecution of elder abuse. Long Term Care Ombudsman (408) 944-0567 — investigation of abuse in skilled nursing facilities/residential care. Santa Clara County Bar Association Lawyer Referral Service (408) 971- 6822 - referrals to private attorneys. Senior Adults Legal Assistance HOTLINE (408) 295-5991 — free civil legal services for elder abuse. Must be age 60 or older and live in Santa Clara County. There is no income eligibility. FOR EMERGENCIES CALL 911 FlA SALA Senior Adults Legal Assistance 160 E. Virginia Street, Suite 260 San Jose, CA 95112 www.sala.org This article is current as ofMay 2014. It may not be reproduced without the express permission of SALA. SALA is funded by Sourcewise, Legal Services Tnist Fund Program, Equal Access Fund, California Department of Aging, County of Santa Clara, City of Campbell, City of Cupertino, City of Milpitas, City of Palo Alto, City of Mountain View, City of San Jose, City of Santa Clara, City of Sunnyvale, and the Silicon Valley Campaign for Legal Services. STEPS TO PREVENT ELDER ABUSE SENIOR ADULTS LEGAL ASSISTANCE Frequently Asked Questions And Answers About Elder Abuse Q: My daughter moved into my home to take care of me. Instead of caring for me, she is physically and verbally abusive towards me. Can I evict her? A: Yes. But you will have to do it legally, which can take time. However, because there is also abuse in your case, you may also be able to get a restraining order against her with a residence exclusion provision removing her immediately from your home and keeping her away for up to 3 to 5 years. Q: I am 95 years old. My grandson lives with me and has a drug problem. He pushes me and demands money. I don't want to get a restraining order or to kick him out because I raised him and do not want to put him on the streets. Can SALA help me? A: Yes. In situations like yours we strongly recommend a restraining order; however, some SALA clients are not comfortable doing so, especially when the abuse is by family. SALA can write a warning letter to your grandson telling him to cease this behavior. Sometimes these warning letters stop the abuse, but sometimes they do not. If this does not work, we can pursue a restraining order. Q: I rented out a room in my house to a tenant that hit me. I called the police and they told me that because it was a weekend I would have to wait until Monday to go to court for a restraining order. Is this true? A: No. Law enforcement officers are authorized to issue emergency protective restraining orders (EPROs), which can include a residence exclusion (kick out) provision, when the courts are closed. Judges are on call 24 hours a day to grant these protective orders to law enforcement officers, which are valid for several days. In addition to protecting you immediately, an EPRO gives you time to contact SALA or another attorney for assistance, such as pursing a restraining order against the tenant. Q: My 30 year old grandson lives with me. He has a mental disorder but refuses to take his medications. He becomes violent and has threatened to kill me and burn down my home. If I file for a restraining order, can the court make him take his medication? A: No. A restraining order can only remove your grandson from your home and keep him away from you for 3 to 5 years. If he violates the restraining order, he will be arrested. However, he has the right to refuse to take medication and the court cannot interfere with that right through the restraining order process. Q: My son has been living with me for six months. Recently his girlfriend moved in. Neither of them works and they are living off of me. Can I get a restraining order to get them out of my house? A: No. Unless there is some form of abuse, either physical abuse or verbal, the only way to get them out of your home is to evict them. Q: My husband and I are in our late seventies. We rented a room in our home to a sole tenant. We recently discovered that he had a restraining order against him by a previous landlord. While there has been no physical or verbal abuse against us, we are not comfortable with this situation. Can we get a restraining order to get him out of our home? A: No. Unless there is some form of abuse towards you, either physical or verbal, the only way to get him out of your home is to evict him, which could involve hiring an attorney and filing an action in court. However, because he is a sole lodger residing in the home that you own, you may be able to evict him in a streamlined fashion by giving him proper notice and following the instructions in SALA's Lodger Statute Eviction packet. For more information about this packet contact SALA. Q: I am being physically abused. If I come to SALA to learn about my legal options, will SALA force me to get a restraining order if I do not want one? Will SALA report my abuse to other agencies or to the District Attorney? A: Absolutely not. SALA attorneys only pursue remedies or options authorized by our clients. If you do not want a restraining order, we will not pursue one, even if we feel this is in your best interest. As for reporting to other agencies, anything you communicate to SALA is confidential, subject to the attorney-client privilege, and will not be disclosed unless you so authorize. This protection includes referrals to the District Attorney, Adult Protective Services, or others. In fact, SALA's attorneys are exempt from mandatory elder abuse reporting requirements that cover most other providers of services to seniors. Q: Can I get a restraining order through the court without the abuser knowing about it? A: No. The law requires that the restrained person receive a copy of the restraining order papers and have the opportunity to contest the restraining order at a hearing in court. At the hearing a judge will review the papers, listen to you and the restrained person (if they show up), and decide whether to issue a three-year restraining order. Q: Do I have to pay any fees to get a restraining order through SALA? A: No. If you are age 60 or older and reside in Santa Clara County, SALA can provide this service free of charge regardless of your income. Also, for Domestic Violence and Elder Abuse restraining orders, there is no fee for filing the papers in court. For Civil Harassment restraining orders where physical abuse is alleged there is no court filing fee as well.