Civil legal aid attorneys working with older adults encounter urgent cases that, at first, may seem to require guardianship, such as obtaining public benefits or housing for individuals with diminished capacity. In their efforts to assist individuals with their pressing civil legal problems, it can be challenging to know what less restrictive alternatives exist and how to assist clients in accessing them.
Most states require alternatives to be considered before initiating a guardianship action or may require proof that a guardianship is necessary before continuing an existing guardianship. Less restrictive alternatives to guardianship typically include a power of attorney, health care representative or agent, financial representative or agent, trust, and other decision-making supports. This session will walk through case studies of common legal aid cases to explore these alternatives, ways to ensure effective communications supports, and tools for assessing the client’s mental capacity and their ability to make informed choices.
Presenters:
Erica Costello, Senior Attorney/Chief Counsel, ABA Commission on Law and Aging
Elizabeth Moran, Senior Attorney/Chief Counsel, ABA Commission on Law and Aging