Legal Assistance
Elders aged 60+ may access the State's legal system by contacting their local office for the aging. Local offices provide counseling and assistance through legal service providers. Each office identifies a range of services and legal issues that are of concern to elders in their service area, working to increase access to legal assistance. They try to establish and maintain close working relationships with the Legal Services Corporation serving the area, and local bar associations.
As people age, legal issues arise that need attention. Some face age discrimination at work; others become fraud victims. The following examples can assist elders on where to turn for help:
Age Discrimination
Age discrimination is sometimes clear, but more often subtle. It can occur in employment, housing, education and with your credit. If you have a question of whether you are being discriminated against because of your age and are 60 years or older, call our Help Line at 1-800-342-9871, the New York State Division of Human Rights
at 1-212-480-2522 or the Equal Employment Opportunity Commission at 1-800-669-4000 (TTY 1-800-669-6820).
Consumer Issues
Consumer frauds are most often targeted at elders. About 85 percent of the victims of telemarketing fraud are age 65+. Scams include, but are not limited to: home repair; foreign lottery or sweepstakes solicitations; investments; and charities fraud. Elders targeted by fraud should contact the New York State Attorney General's consumer hot line at 1-800-771-7755 and also your county's district attorney, who will prosecute offenders. You can also contact the State Insurance Department about abusive sales practices for Medi-gap insurance and the Centers for Medicare & Medicaid Services on Medicare Advantage Plans and Medicare Prescription
Drug plans.
If you want to stop unwanted phone solicitations, have your telephone number added to the State and National "Do Not Call" registries. Contact your local office for the aging for information on how to register, as well as to obtain information on how to fight fraud and protect yourself and your home.
Estate Planning
Information regarding estate plans, planning for incapacity and avoiding guardianship, surrogate health care decision making and financial management, tax implications/advantages in doing advance planning and choosing surrogate decision makers can be obtained through your local office for the aging.Guardianship
Information on New York's guardianship law may be obtained through local offices for the aging or your attorney. You can learn about situations and procedures for appointments of guardians; authority the guardian may or may not have, such as health care decision making; and duties of the guardian and temporary guardianships.
Mediating Disputes to Avoid Court
Not all disputes need to end up in court. The New York State Unified Court System works with local, non-profit organizations to provide mediation, arbitration, group facilitation and other dispute resolution options. These services are available in all counties, and enable citizens to develop their own solutions to issues. For more information, log on to http://www.nycourts.gov/ip/adr/cdrc.shtml or call (518) 238-4351.
Medicaid Eligibility
Do you have questions about Medicaid eligibility requirements, the use of trusts and other planning techniques, or liens against real property to recover Medicaid payment for long term care? Contact your local office for the aging and ask to speak to a HIICAP counselor or legal service provider to have your questions answered.Powers Of Attorney
What's involved in making and revoking durable powers of attorney, choosing an agent or determining powers that can be conveyed? (Powers of attorney cannot be used for health care decisions.) What are the advantages/disadvantages of durable powers of attorney or springing powers of attorney? What are the duties of an agent under a durable power of attorney? Your local office for the aging can provide you information.
Prison Families of New York, Inc.
If you have a loved one in prison, Prison Families of New York (PFNY) can help you. When you call, everything you tell them is confidential. They do not need to know your name or where you live. PFNY can help you locate a lost relative in prison, tell you about correspondence, phone calls and visiting, how to locate transportation and support for yourself in your community. PFNY may also know of other seniors in your area who also have loved ones in prison and who might benefit from talking with you.
If you are taking care of your grandchildren while their parent is in prison, PFNY can help to find you the resources you may need to make life easier for you. Call 518-453-6659 or log onto the Prison Families of New York (PFNY) website at: http://www.prisonfamiliesofnewyork.org/seniors.html
Professional Misconduct & Unlicensed Practice
You have the right to competent professional services. The State Education Department's Office of the Professions licenses and regulates 47 health, business and design professions. Professional misconduct and unlicensed practice of the profession are against the law. For information on recognizing and reporting professional misconduct or unlicensed practice, visit the State Education Department's Office of the Professions licenses website at http://www.op.nysed.gov or call 518-474-3817 (TDD/TTY:518-473-1426) for a free "You Have the Right" brochure. If you believe a professional has committed misconduct or you know of someone practicing a profession without a license, call 1-800-442-8106 (for all professions other than physician, physician assistant or specialist assistant) or e-mail conduct@mail.nysed.gov. To report physicians, physician assistants or specialist assistants, call the NewYork State Department of Health at 518-402-0836 or 1-800-663-6114.