2050 Area Agencies on Aging Monitoring Tool for Elderly Legal Assistance Programs

Georgia State Seal

Georgia Division of Aging Services
Access to Services Manual

Chapter:

2000 Elderly Legal Assistance Program (ELAP)

Effective Date:

March 1997

Section Title:

Area Agencies on Aging Monitoring Tool for Elderly Legal Assistance Programs

Reviewed or Updated in:

07/08/2013

Section Number:

2050

Previous Update:

Staffing

  1. How many staff members provide direct client representation under the Elderly Legal Assistance program?

  2. How many support staff are available to assist the legal staff providing direct client representation?

  3. Does this ELAP provider intend to utilize interns and volunteers? If so, explain how.

  4. Does the provider consider ELAP to be fully staffed? If not, please explain.

  5. Are changes needed in staffing patterns to meet service needs (e.g. addition/change of staff composition)?

  6. Who are the provider’s employees that will serve as designated backups when ELAP staff members are out of the office due to illness, vacation or staff vacancy?

  7. Name the staff members, their titles and their specific ELAP duties. This includes paid and unpaid staff.

  8. List the ELAP staff members' supervisor(s).

  9. Discuss the following for each ELAP staff member.

    • the frequency of the meetings between the staff member and his or her supervisor

    • what the staff member’s job description says specifically about the ELAP duties

    • whether or not the job description has changed since the last monitoring visit; and if so, in what way

    • the staff member’s case load capacity and whether or not that number is an increase or decrease from that identified in the previous monitoring visit

    • a description of the case review process specific to each ELAP case handler

    • substantively, what areas are the staff members' weaknesses and strengths

    • what work can be completed without the supervisor’s approval

    • what work may not be completed without the supervisor’s approval

    • the last date the supervisor attended a community education session with the staff member

    • the last date the supervisor attended a court hearing with the staff member

    • the last date the supervisor attended an administration hearing with the staff member

  10. What system is in place to recognize good performance by a staff member?

  11. What opportunity is there for staff advancement?

  12. Has a staff member been cited for either good or poor performance in the past 6 months?

  13. Have any ELAP staff members left the program in the past 3 months? 6 mos? 12 mos?

  14. Has any additional staff been added to the ELAP within the past 12 months? If yes, state the names, titles, for what purpose they were added and how their presence has affected the program.

  15. What are the details of the orientation that new ELAP staff receives. (Example: Review of the Elderly Legal Assistance Program Standards)

  16. What is the date of the last revision to the orientation for ELAP staff?

  17. If there is a grievance procedure available for ELAP staff, how is staff made aware of this procedure?

  18. Has any one lodged a grievance against any staff? If yes, specify number, substance and resolution.

  19. For each ELAP staff member, describe other required office duties apart from those performed exclusively for ELAP.

  20. To what aging organizations, legal or otherwise, do any of the ELAP staff members belong?

  21. If you were billing for each staff member’s time, how much would each ELAP staff member’s time be worth per hour?

  22. What training did each ELAP staff member receive during the past 12 months?

  23. Does the ELAP staff use Legal Services Corporation training, either by sending trainees or using training materials?

  24. In what ELAP priority areas, did ELAP staff not receive any training within the past 12 months?

  25. Is there training that the provider needs that has not been obtained?

  26. Is there a need for additional training for ELAP staff to meet service needs? If yes, specify type of training needed.

Questions for the ELAP staff members

  1. If roles were reversed, what changes would you make to your supervisory plan?

  2. What changes do you believe need to be made in the manner in which your office provides services under the ELAP contract?

  3. What changes do you believe need to be made in the manner in which the AAA or the Division of Aging Services requires that services be delivered by ELAPs?

  4. If you had to recommend the ELAP to a person 60 years of age or older, what would be your primary reason for recommending the program?

  5. If you had to discourage a person 60 years of age and older from wanting to use the ELAP, what would be your primary reason?

Community Education and Outreach

  1. Has the provider established priorities concerning outreach activities and community education sessions?

  2. What are those priorities and discuss how they were established?

  3. Have target groups been identified?

  4. What methods are used to reach target groups and what is the effectiveness of each?

  5. Do adjustments need to be made to target under-served population? If yes, what kind of adjustments?

  6. Is outreach used to encourage the use of legal services programs by institutionalized isolated and homebound elderly individuals? Discuss your response.

  7. Is there a need for improvement in program visibility and acceptability within the area?

  8. Is there a reasonable degree of community education being pursued in light of caseload statistics, goals and priorities?

  9. Is there a schedule for circuit riding and community education?

  10. Is a set schedule the best way to reach as many seniors as possible? Can the schedule be improved upon?

  11. What kind of notification system is in place when changes in the schedule must be made?

  12. List the number of sessions, their location, the number of elderly reached, and the variety of topics covered since the last review period.

  13. Does the provider have and distribute pamphlets/flyers describing the program and its services?

  14. Are there any new publications developed and distributed by the program within the last 12 months?

  15. Has the provider used local or other media to publicize its availability? Have there been any new newspaper articles or press releases within the last 12 months?

  16. Has the provider used local or other media to publicize issues of interest to the elderly?

  17. Is there a need for change in the provider’s community education efforts for the area’s elderly (e.g., change in scope, content, number and types of trainees, number of sessions)? If yes, specify recommendations.

Coordination with Other Agencies

  1. What plan of coordination has been implemented with the LSC grantee regional offices where the geographic boundaries of the PSA exceed the geographic boundaries of the LSC grantee’s service area? Are any subcontracts or subcontractual arrangements in place? If so, have those agreements been committed to writing and approved by the AAA for the current fiscal year?

  2. How do the AAA and the legal provider work together to assure that legal services are equally available in all areas? Is there any particular area that is lacking in services more than others?

  3. Have you identified any problems in making services available across the Planning & Service Area? If so, what have you done to overcome the problems?

  4. Has the provider approached social service and aging network employees to encourage their participation in recognizing legal needs of their older clients and referring them to a legal assistance provider?

  5. Discuss the coordination of the provider with LTCO, GeorgiaCares, the LSC grantee and the AAA.

  6. What efforts has the provider taken to identify other sources of legal assistance?

  7. What other sources of legal assistance have provided service? Are the results of this assistance documented?

  8. Does the provider have a plan to insure that the private bar has adequate and accurate information about local aging programs and services to increase awareness about the needs of older persons?

  9. Describe the efforts of the provider to involve the private bar in the support of older individuals?

  10. In what efforts has the private bar participated (e.g. legal services: pro bono, reduced fee, co-counsel; training; elder rights activities)?

Use of Resources

Private Attorneys

  1. How are private attorneys recruited?

  2. Has the provider approached the local private bar to encourage pro bono or reduced fee services for the elderly?

  3. Has the provider approached local law schools to encourage law student participation in serving the elderly?

  4. How often are they recruited?

  5. What kind of recommendation is the provider able to make to clients about the private bar attorneys recruited?

  6. How are private attorneys used?

  7. Do private attorneys receive any special orientation on OAA issues or requirements?

  8. Has the provider developed a policy regulating the acceptance of the outside practice of law that complies with the requirements of the Title III provisions?

  9. Describe the ELAP provider’s method for dealing with fee-generating cases. Are such cases being referred? Does the provider have a policy not to accept fee generating cases unless other adequate representation is unavailable and subject to the restrictions under Title III?

  10. If there have been instances of referrals, what was done to ensure that the clients' rights were not jeopardized while the case was being referred?

  11. Does the provider develop a list of private attorneys willing to accept referrals for AAA’s review?

  12. Has the provider established procedures for the referral of fee generating cases?

  13. How are emergency referrals to an outside attorney handled?

Outside Resources

  1. Does the provider have an up-to-date listing of other services and resources available in the PSA?

  2. Does the provider make referrals or otherwise utilize these services and resources, as needed?

  3. Does the provider use available legal back-up/ support centers in conducting ELAP activities (i.e., use of GLSP law specialists, the National Senior Citizens Law Center, Center for Medicare Advocacy, Inc., National Consumer Law Center, etc.)?

  4. Does the provider have reasonable access to legal reference materials (hardcopy, via the Internet or on-line subscription service)? If so, what are three primary sources?

  5. What additional elder law specific reference materials does the provider have in-house?

  6. Do the materials that the provider has in-house contain the law, regulations or policies on every priority area addressed by the provider?

  7. For what priority areas does the provider have no materials, few materials, and the most materials?

  8. What additional materials not mentioned above does the provider receive that address OAA priority areas?

  9. How often does the provider utilize any of the following to research information for an OAA client or cases?

    • Law library

    • National law specialists/National Legal Support Centers

    • State law specialists

    • Program law specialists

  10. If staff persons have a case that they have never handled before, to whom do they turn for assistance?

  11. If a staff member has a substantive or procedural law question that cannot be answered within the program, to whom do they turn for assistance?

  12. What other agencies do staff attorneys most often use, either for assistance with a case, or for referring a client?

  13. To whom or what agency or organization does a program attorney call if he or she is confronted with the need for the following for a client(s):

    • Housing placement

    • Emergency food or clothing

    • Shelter for the night

    • Treatment for mental illness

    • Crisis assistance (i.e., threatened suicide)

    • Emergency income

    • Utility shut-off

  14. How are these referrals counted? Describe:

Outside Activities

  1. Have program staff initiated or participated in impact litigation affecting the elderly?

  2. Have program staff initiated or participated in law reform activities at the local, regional, state, or national level?

  3. Has the program initiated planning or operation of a lay-advocate/Community Service Advisor program?

  4. Does the provider have the capacity to provide support to other advocacy efforts (long term care ombudsman, insurance/benefits counseling or elder abuse prevention programs)?

  5. List any new programs that are being considered or are underway.

  6. Is there a need for change/improvement in other program activities or functions to meet service needs?

Case Management

  1. How is the provider’s case mix?

    • Rural/urban

    • Low income

    • Minority

  2. Does the provider have standards governing the number and types of cases handled by staff?

  3. Is it assured that the provider gives preference to those with the greatest economic or social need and particular attention to the low-income minority?

  4. What method does the provider use for targeting older individuals with the greatest economic or social need?

  5. What percentage of the provider’s cases fall into each of the following categories?

    • government benefits

    • health care (obtaining)

    • Medicare

    • Medicaid (eligibility issues)

    • housing

    • consumer problems

    • torts

    • long term care

    • pensions

    • protective services

    • elder abuse, neglect and exploitation

    • age/job discrimination

    • wills/simple probate and estate planning

    • individual rights (guardianship)

    • advance directives

    • taxes

    • insurance

    • family or domestic

    • other

  6. What is the number and proportion of institutionalized clients and homebound clients to the total number of clients since the last review period?

  7. What is the number and proportion of cases for clients regarding wills/simple probate and estate planning in comparison with those regarding public benefits, institutionalization / alternatives to institutionalization since the last review period?

  8. What is the number and proportion of non-English-speaking clients served in comparison to the total number of clients? Can the staff provide legal assistance in the principle language spoken by clients, or where client is handicapped (e.g., deaf or visually impaired)?

  9. Is the majority of the provider’s time spent on direct client representation? If not, discuss the proportioning of the provider’s time in the various ELAP activities.

  10. What is the proportion of service to those in greatest social or economic need (especially those in low income, minority groups) to the total served?

  11. Has the provider established an order among the priorities of cases to be taken?

  12. What is the average wait for a client for an appointment?

  13. Does the provider’s office meet requirements to accommodate persons with disabilities? This includes parking, office and/or building entry and space, restrooms.

  14. What is the response time on referrals from the AAA, other agencies, SUA?

  15. How are the clients kept apprised on the status of their cases? What is the time interval for keeping clients apprised?

  16. What are the procedures in an emergency situation where time is of the essence? This discussion should divulge the impact on the provider’s staff in light of current cases, resources, etc.

  17. What happens when the provider’s staff reaches its limit on number of cases that can be handled at one time? Describe the procedure for notifying clients, the AAA, and the State Legal Services Developer.

  18. Is there a process for sharing substantive or procedural expertise in the provider’s office?

  19. What is the provider’s procedure for handling client’s funds?

  20. Has the provider established client intake and processing procedures? (Are these procedures for opening cases, record keeping concerning open and closed cases, etc.) Does the provider follow these procedures?

  21. What method does the provider use to assure that cases are handled in a timely and appropriate manner?

  22. Is there adequate legal staff or legal supervision available to provide the case management?

  23. Does the provider have written eligibility standards, which are different from those, required by the Older Americans Act? Who decides them? Are particular procedures followed to verify client eligibility? Are there non-financial standards (e.g., geographic)?

  24. Is there a restriction on the number of times an individual can use the services of the provider?

  25. Is the decision to accept a client’s case made by more than one staff member?

  26. What specific review of the merit in a claim or defense occurs as a condition of case acceptance?

  27. Describe the intake process. What are the provider’s intake hours/days? Are the personnel who conduct the initial substantive interview sufficiently trained to obtain the necessary information about the problem(s)? What are the program’s intake locations?

  28. What percentage of intake is done at the senior centers, nutrition centers, office, other sites?

  29. What problem identification checklist does the intake person use, if any, to determine whether clients have problems of which they are unaware?

  30. What is the average amount of elapsed time between the date of the initial contact with the client and an interview with an attorney or paralegal?

  31. How many cases are in the provider’s files?

  32. How are the individual case files organized? Is the system uniform for all case handlers? Is there a detailed opening file memo?

  33. What is the provider’s policy on appeals, including judicial review of administrative decisions? (Meaning, is an appeal automatically filed in the event that a decision is unfavorable, when is a decision made? When will a client be notified?)

  34. Describe the provider’s procedure for closing cases, including when and how this is done.

  35. Can the provider make any assurances that the time spent on community education and training does not exceed the time spent on client representation? If not, why not?

Client Satisfaction

  1. Has the provider developed and implemented a procedure to measure client satisfaction? If yes, please describe the procedure.

  2. What have the clients said about satisfaction?

  3. What efforts has the provider taken to assure that the views of older persons are solicited and considered in the operation of the Elderly Legal Assistance Program?

  4. Has the provider taken any steps to change the program based on the views expressed by older persons?

Conflict of Interest

  1. What kinds of conflicts of interest can the provider foresee that would prevent or hamper client representation?

  2. What procedures does the provider have in place that would address such conflicts?

  3. What kinds of conflicts of interest situations have arisen during this year or since the last monitoring session?

  4. Does the provider ever handle claims against one of its funding sources, such as the city, county, Area Agency on Aging, the Administration on Aging? If so, discuss the issues in those cases, what the clients were told about the claims against the funding source and the results of the cases.

  5. What is the provider’s procedure for avoiding conflicts of interest?

  6. If there have been conflicts of interest, how would the AAA know about them?

Grievance Procedure

  1. Does the provider have a client grievance procedure?

  2. Have any client grievances been lodged against the program?

  3. How does the provider let clients know of the grievance procedure?

  4. Have any individuals / groups / organizations complained about the services / practices / policies of the program? If yes, specify number, substance and resolution.

Cases Not Accepted

  1. Does the provider keep accurate records of why cases are not accepted?

  2. What kind of information is retained, type of problem? Reason case was not accepted? Advice or referrals provided?

  3. Does the provider use this information to determine better ways to meet unmet needs?

  4. Can an idea of unmet needs for services be obtained from the information retained on rejected cases?

  5. Does the information indicate a need for a change in policy, priorities, scheduling?

Confidentiality

  1. What is the provider’s written policy to staff on disclosure of information on clients to Area and State Agencies on Aging? What is the practice?

  2. Did the provider engage in negotiations with its Title III-B funding agency to determine what information could be reported? If so, please describe the process.

  3. Has the provider had conflicts or disagreements with its Title III-B funding source over what information is to be reported? If so, please describe the points of disagreements and how they were solved. Were they resolved satisfactorily?

  4. Are clients interviewed or consulted in an office or space assuring privacy?

  5. How can the provider assure that nothing in its practice reveals information that is protected by attorney/client privilege or the Older Americans Act prohibition against breaching confidentiality?

Client Contributions

  1. Is it assured that the provider does not require an older person to disclose information about income or resources as a condition for providing legal assistance?

  2. Is the provider following the established policies and procedures for program income? How is this being accomplished?

  3. How many clients have voluntarily contributed?

  4. How much have clients voluntarily contributed?

  5. Is there any indication that clients think that they must pay fees or contribute in order to receive services?

  6. Are all contributions documented accurately? Is it assured that provider income funds are not co-mingled with funds from other sources that will be used for services other than legal services?

  7. Does the provider provide each older person with a free and voluntary opportunity to contribute to the cost of the services? What method is used to provide this opportunity?

Legislative, High Impact and Administrative Representation

  1. What legislative representation has the provider undertaken in the last year?

  2. What guidelines does the provider follow to assure the quality of legislative representation in view of the restraints imposed by law and regulation? Describe.

  3. What administrative representation has the provider undertaken in the last year?

  4. What guidelines does the provider follow to assure the quality of administrative representation in view of the restraints imposed by law and regulations? Describe.

  5. What high impact has the provider been able to conduct in view of the restraints imposed by law and regulations? Describe.

Reporting

  1. Are ELAP AIMS and Program Narrative Data/Reports for the Elderly Legal Assistance Program submitted timely?

  2. What is the provider’s record retention schedule?

  3. How well does the provider handle fiscal management, booking and accounting for the OAA contract? (If this cannot be answered directly by the provider, an assessment will be required from the program’s fiscal officer) Is the provider surprised at the end of the fiscal year at how much has been spent or how much has not been spent on the OAA contract?

  4. Who on the provider’s staff is responsible for submission of ELAP data? Is all the required data entered? What is the accuracy level? How often is data entered into AIMS? How does the AAA verify the accuracy of the data?

Prohibited Political or Lobbying Activities

  1. Does the provider have a policy prohibiting the agency and its employees from contributing Older American Act funds, personnel or equipment, to any political party or campaign?

  2. Does the provider have a policy prohibiting the agency and its employees from intentionally identifying the Title III legal program with any partisan or non-partisan political activity?

  3. Does the provider have a policy placing restrictions on activities of employees while carrying out activities funded under this Title III legal program, relative to public demonstrations, picketing, boycott or strike, except as by law permitted in connection with the employee’s own employment situation?

  4. Does the provider have a policy prohibiting any employee under this Title III legal program from, at any time, participating in any rioting; civil disturbances; activity in violation of an outstanding injunction of any court of competent jurisdiction; or any other illegal activity that is inconsistent with an employee’s responsibilities under Title III of the Older Americans Act, the Code of Professional Responsibility or other governing law, regulation or policy?

  5. Has the provider adopted a procedure, which has been approved by the AAA, for affording the public appropriate access to the Older Americans Act, federal regulations and guidelines, the Georgia Elderly Legal Assistance Program Standards for the Provision of Legal Services to Older Persons in Georgia, the provider’s written policies and procedures, and guidelines, the names and addresses of its governing body, and other materials that the provider determines should be disclosed under an Open Records Act or FOIA request?

  1. What are the provider’s goals and have they been met? Should new goals be established?

  2. Are changes needed in the program’s focus for the upcoming year?

  3. Is there a need for change/modification in the content of the contract for the upcoming program year?

  4. Where does the provider feel the strengths and weaknesses are?

  5. What type of coordination has been planned, implemented with the Long Term Care Ombudsman Program, the GeorgiaCares program, and the Elder Abuse Prevention program for the past and coming year?

  6. Has the provider actually participated in any coordination to prepare a written Elder Rights Plan for this PSA?

Long Term Care Ombudsman Referrals

  1. How many cases have been referred to the program by the local LTCOP since the last review period?

  2. Has the provider attended any training sponsored by the LTCOP since the last review period?

  3. Has the provider conducted any training for the staff of the local LTCOP since the last review period?

  4. How often does the local LTCOP call for assistance on cases that may not actually be referred to the provider?

  5. How many cases referred by the local LTCOP has the provider refused for representation?

  6. When a case is referred by the LTCOP, does the provider interview the prospective client in person? If not, how is the client interviewed?

  7. What kind of understanding has been reached between the provider and the local LTCOP concerning the representation of clients where the LTCO is authorized to act on behalf of the client?

  8. How would you describe the relationship between the local LTCOP staff and the staff of the provider?

  9. How comfortable does the provider’s staff feel about knowledge of what the LTCO actually does; is authorized to do; is supposed to do?

  10. How many cases has the provider had where it was necessary for the LTCO to be certified by the SLTCO to act on behalf of an incapacitated client? How did that process work? Would the provider make any recommendations in that process to make it work more effectively?

  11. Does the provider feel like more intervention is needed in the relationship between the two programs by the Area Agency?; the State Legal Services Developer?; the State Long Term Care Ombudsman?; or the State Unit on Aging?

Other Elder Rights Coordination

  1. With what other elder rights program has there been coordination during this fiscal year?

  2. From what other elder rights program have referrals been received? Did the referral process go smoothly or is there a need for an adjustment or more formalization in the process? Please explain.

  3. How helpful does the provider find the Georgia Senior Legal Hotline? How can the Hotline be of more assistance to ELAP?

  4. Are there any particular difficulties in providing legal coverage to the clients of the other elder rights programs? If so, please be specific.

Identified Needs

  1. What additional training needs does the provider have?

  2. What additional services does the provider believe the Elderly Legal Assistance Program should provide?

  3. What services does the program currently provide that the provider believes should be terminated?

  4. What direction is the program not taking that the provider believes is detrimental either to the success of the program or the benefit of the clients?

  5. How can the Area Agency on Aging be of additional help? (Not a funding question)

  6. How can the Division of Aging Services be of additional help? (Not a funding question)

  7. How can the Legal Services Developer be of additional help? (Not a funding question)

  8. How much additional funding would it take enhance services and best enable this provider to provide legal services to seniors in this Planning & Service Area? Be prepared to provide well thought out details of how this additional funding would be utilized to enhance existing services and initiate new areas of service.

    A response of "more services could be provided with more funding" will not be viewed as a well thought out response.

Natalie K. Thomas, Esq.
State Legal Services Developer
Georgia Department of Human Services Division of Aging Services
First Printed, March 1997
Revised 07/08/2013