Legal Assistance Program

Legal Assistance means legal advice or representation by an attorney non-lawyer under the supervision of an attorney that provides counseling or other appropriate assistance to older individuals with economic or social needs.

Legal Assistance Program Responsibilities

Legal assistance shall:

(1) Be provided in accordance with the approved Lake Cumberland Area Agency on Aging and Independent Living plan, which shall ensure an adequate proportion is planned and expended to fund access, in-home and legal assistance services;

(2) Be available for institutionalized older persons and other elderly persons otherwise entitled to legal assistance;

(3) Not be denied because of a person’s failure to disclose information about income or resources;

(4) Assure providers maintain records to include individual client services and group activities, covering topics, presenters, locations, and numbers of participants;

(5) Shall be accessible to participants by telephone, home visit, center location or person-to-person.

Eligibility for the Legal Assistance Program

Definition:

Participant is a person 60 years or over of age who is receiving services funded by Title III of the Older Americans Act (OAA). The term “client”, “resident” or “patient” shall mean the same as “participant.”

Target Population

The Older Americans Act (42 USC 3023) mandates that legal assistance shall target services:

(1) Caregivers of elderly citizens who suffer from dementia or related dysfunctions

(2) The needs of low-income minority individuals

(3) The population of low-income minority individuals

(4) Elderly citizens who:

  1. are in greatest social, economic need
  2. live in rural areas
  3. are in greatest social, economic need
  4. suffer from a disability
  5. have Limited-English proficiency
  6. suffer from dementia or related dysfunctions

(5) Eligibility of each participant shall be established and personnel who approve services shall be designated.