New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter II - Older Americans, Community Services, And Expanded In-home Services For The Elderly Programs › Part 6654 - Services › Section 6654.12 - OAA legal assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Each area agency shall use an adequate portion of its OAA-supportive services
				  funding for a program of legal assistance including advice and representation
				  to elderly people with economic or social need. Legal assistance means legal
				  advice and judicial or administrative representation by an attorney including,
				  to the extent feasible, counseling or other appropriate assistance by a
				  paralegal or law student under the direct supervision of an attorney. Legal
				  assistance also includes counseling or representation by a nonlawyer where
				  permitted by law, to elderly people with economic or social need. OAA legal
				  assistance must be in addition to any other legal services already being
				  provided to elderly people in the area.
(b) Each area agency shall develop and assure
				  the coordination of a system of access to legal assistance for elderly in the
				  area which encourages the participation of all segments of the legal provider
				  community. If the area agency does not contract with a legal services
				  corporation grantee, it will coordinate its services with existing legal
				  services corporation projects in the area agency, in order to assure that the
				  elderly receive a proportional share of representation from the legal services
				  corporation grantee, to avoid under this Title on individuals with the greatest
				  social and economic need.
(c) Each
				  legal assistance provider shall make efforts, in coordination with the area
				  agency, to involve the private bar in legal assistance for the elderly,
				  including the establishment of groups within the private bar which will furnish
				  legal assistance to elderly people on a pro bono or reduced-fee basis. The
				  legal assistance provider and the area agency will develop a system of assisted
				  referrals of cases to the private bar, including appropriate follow-up to
				  assure that services have been provided.
(d) Each area agency must award funds to the
				  legal assistance provider or providers that most fully meet the standards of
				  this subdivision. The legal assistance provider or providers must:
(1) have staff with expertise in specific
				  areas of law affecting elderly people in economic or social need (for example,
				  public benefits, institutionalization, and alternatives to
				  institutionalization);
(2)
				  demonstrate the capacity to provide effective administration and judicial
				  representation in the areas of law affecting elderly people with economic or
				  social need;
(3) demonstrate the
				  capacity to provide support to other advocacy efforts (for example, the
				  long-term care ombudsman program);
(4) demonstrate the capacity to deliver legal
				  services to institutionalized, isolated and homebound elderly individuals
				  effectively; and
(5) demonstrate
				  the capacity to provide legal assistance in the principal language spoken by
				  clients in areas where a significant number of clients do not speak English as
				  their principle language.