Elder Rights Programs

State Plans are asked to incorporate into their State plans implementing objectives for four national goals identified in AoA's Strategic Action Plan 2007-2012, including the goal to ensure the rights of older people and prevent their abuse, neglect, and exploitation. This goal is a reflection of the provisions set forth in Title VII of the OAA: Allotments for Vulnerable Elder Rights Protection Activities.

Title VII brings together the advocacy programs of the OAA and authorizes development of a system of services, programs and personnel designed to help older persons understand their rights, exercise choice through informed decision-making and benefit from the support and opportunities promised by law. Elder rights programs protect seniors from known abuses to which older adults are often susceptible and assure the basic rights and benefits of vulnerable older people. Elder rights program activities conserve and extend personal resources, help avoid threats to financial security, and empower older Americans to make informed choices that enhance their ability to remain in the community.

Both Titles III and VII include assurances related to elder rights programs and activities in state plans. Title III assurances specifically relate to the carrying out of State Long Term Care Ombudsman programs (307(a)(9)), the implementation of legal assistance and discretionary elder abuse prevention programs (307(a)(11)-(12)), and the assignment of a legal assistance developer (307(a)(13)). Title VII assurances relate to the establishment of elder rights programs in (705(a)(1)), the gathering of public input to guide elder rights protection activities (705(a)(2)), the prioritization of elder right activities which secure benefits and rights(705(a)(3)), the non-supplantation of funds (705(a)(4)), and the coordination of programs designed to prevent elder abuse, neglect and exploitation(705(a)(6) B-C).

Section 705(a)(7) of the OAA calls for the State agency to describe the manner in which it will carry out Title VII, in consideration of assurances set forth in Title VII. The links below offer elements for the State to consider in its description for each Title VII program. Please note, the description for OAA Section 705(a)(7) may be included as an attachment to the State Plan.

Long-Term Care Ombudsman

Describe how the state:
A.)	Through the Office of a full-time State Long-Term Care Ombudsman (Office), operates a statewide ombudsman program which: Fulfills the Ombudsman Program functions and responsibilities outlined in OAA Section 711 & 712(a)(3); Designates local ombudsman entities and representatives (where applicable) according to requirements in section 712(a)(5) ; and Meets the statutory responsibility in 712(h)(4) to train and certify program representatives. For further information on training, please refer to Guidance for State Training of Ombudsman Program Representatives.

B.)	Has established and implements policies and procedures which are in conformance with the statutory requirements in Section 712 addressing the areas listed below: Access to facilities, residents and residents’ records (712(b)); Disclosure of ombudsman files and records (including resident/complainant confidentiality) (712(d)); Consultation with area agencies (712(e)); Conflict of interest (712(f)); Legal counsel for the Ombudsman Program (712(g)); Coordination with organizations and agencies specified in 712(h)(6)-(8); Analysis, comment on, development and implementation of laws, regulations and other government policies and actions pertaining to long-term care facilities and services and recommending any changes that the Office of the State Ombudsman determines to be appropriate (712(h)(2)); Providing such information as the Office determines to be necessary to public and private agencies, legislators and other persons on subjects specified in 712(h)(3) and providing to the public and state officials reports specified in this section; Liability protection for the program (712(i)); and Noninterference with ombudsmen in the good faith performance of their duties and including non-retaliation against complainants (712(j)).


The issue brief “State Long-Term Care Ombudsman Participation in State Unit on Aging Plans” may assist state planners, ombudsmen and others in understanding current practices and opportunities for involving ombudsmen n state plan development when specific ombudsman program content is part of the state plan. In addition, state and local program administrators could realize benefits through using the state-specific data charts presented and analyzed annually by AoA from data provided by state ombudsmen under the National Ombudsman Reporting System (NORS). This data and information can be used to identify one or more areas for improvement in the statewide program and specify in the state plan one or more goals, with objectives, action steps, target dates, and performance measure(s) to address the area(s) identified. For examples, please view the document Long-Term Care Ombudsman Program Examples of Objectives, Measures, and Targets. For more information on any of these or other activities, contact the National Long-Term Care Ombudsman Resource Center. Or, to discuss further this section of the OAA, you may contact Jim Varpness, the AoA Aging Services Program Specialist for the Long-Term Care Ombudsman Program.

Prevention of Elder Abuse, Neglect, and Exploitation Describe the state’s activities to develop, strengthen, and carry out programs for the prevention, detection, assessment, and treatment of, intervention in, investigation of, and response to elder abuse, neglect, and financial and other types of exploitation, including:

	providing for public education and outreach to identify and prevent elder abuse, neglect, and exploitation; promote financial literacy; and prevent identity theft and financial exploitation of older individuals; conducting training for individuals, including caregivers described in part E of title III, professionals, and paraprofessionals, in relevant fields on the identification, prevention, and treatment of elder abuse, neglect, and exploitation; providing technical assistance to programs that provide or have the potential to provide services for victims of elder abuse, neglect, and exploitation and for family members of the victims; examining various types of shelters serving older individuals such as ‘safe havens’; supporting multidisciplinary elder justice activities, such as establishing a State coordinating council, providing training, technical assistance, and other methods of support to groups carrying out multidisciplinary efforts at the State (referred to in some States as ‘State Working Groups’); broadening the use of various models for elder fatality and serious injury review teams; promoting the development of a comprehensive elder abuse, neglect, and exploitation system; ensuring the coordination of services provided by area agencies on aging with services instituted under the State adult protection service program, State and local law enforcement systems, and courts of competent jurisdiction; promoting the development of information and data systems, including elder abuse reporting systems, to quantify the extent of elder abuse, neglect, and exploitation in the State; and addressing underserved populations of older individuals.

Ideally, this section would identify current elder abuse prevention activities; areas that could benefit from additional efforts; and future, planned initiatives and activities. For more discussion on specific activities and areas that can be targeted to maximize state and local efforts to protect seniors in their communities, please view the document Elder Abuse Programming Examples. For more information on any of these or other activities, contact the National Center on Elder Abuse. Or, to discuss further this section of the OAA, you may contact Stephanie Whittier, the AoA Aging Services Program Specialist for elder abuse prevention programming.

State Legal Assistance Development Describe the method and arrangement by which the state:

Assigns a person to serve as a Legal Assistance Developer to provide State leadership in developing legal assistance programs for older individuals throughout the State, pursuant to sections 307(a)(13) and 731. Ensures that the Legal Assistance Developer functions and responsibilities set forth in section 731 are fulfilled including: The promotion of State leadership in securing and maintaining the legal rights of older individuals; The promotion of State capacity for coordinating the provision of legal assistance; The promotion of State capacity to provide technical assistance, training and other supportive functions to area agencies on aging, legal assistance providers, ombudsmen, and other persons, as appropriate; The promotion of State capacity to promote financial management services to older individuals at risk of conservatorship; The promotion of State capacity to assist older individuals in understanding their rights, exercising choices, benefiting from services and opportunities authorized by law, and maintaining the rights of older individuals at risk of guardianship; and The promotion of State capacity to improve the quality and quantity of legal services provided to older individuals.

As part of the enumerated responsibilities under section 731, it is recommended that the State Legal Assistance Developer participate in a statewide legal service delivery planning process by providing input into the elder rights and legal service delivery provisions of state plans. More broadly, State Legal Assistance Developers may also be involved in activities that promote the creation of comprehensive, cost effective, and well integrated legal service delivery systems that enhance access to those elders in the most social and economic need. Such recommended activities may include:
	the assessment of the legal needs of elder populations; the promotion of coordination and collaborations between vital components of the legal service delivery systems (i.e.Title III-B attorneys, LSC attorneys, Legal helplines, Pro Bono attorney services, law school clinics etc.); the development of reporting systems that measure legal assistance program impact, and; the development of legal service delivery standards that ensure statewide quality, cost effectiveness, and consistency of service.

Please visit the page Legal Assistance Development Programming Examples for more discussion on specific activities that Legal Assistance Developers may engage in to assert leadership in the creation of comprehensive, well integrated, and cost effective legal service delivery systems that optimizes service access for elders in the most social and economic need. In addition, more information on the potential role of the State Legal Assistance Developer can be found on the website of The Center for Social Gerontology. Technical Assistance to support legal assistance development activities is available through the National Legal Resource Center (NLRC) and its collaborating organizations.