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Elder Law answers seniors' questions


From scams to wills to family disputes

UNION-TRIBUNE STAFF WRITER

September 8, 2008

In makeshift offices at hospitals, community centers and apartment buildings across the county, lawyers are working to bring peace of mind to the area's senior population.


JOHN GASTADO / Union-Tribune
Karin Schumacher (left) of Elder Law & Advocacy worked with Diana Balough of Warner Springs on a family dispute.
They draw up wills, advanced health care directives and power of attorney documents – all free – but they also give legal advice and, in the most extreme cases, bring lawsuits against nursing homes, companies and people suspected of fraud or elder abuse.

Elder Law & Advocacy, which marks its 30th anniversary this year, staffs one office in San Diego and one in El Centro, but also offers services at 40 locations from Chula Vista to Fallbrook.

“The number of problems is growing and the number of clients calling in is increasing,” said Carolyn Reilly, the executive director. “There are people trying to take advantage (of seniors) all the time.”

Elder Law concentrates on basic legal services, advice and referrals and helped 7,400 people last year.

On one recent morning, lawyer Karin Schumacher met with clients in a small office at the San Marcos Senior Center.

DETAILS
Elder Law & Advocacy

What: The nonprofit provides free legal services and advice to people 60 and older, by appointment

Where: Offices and clinics throughout the county

Contact: (858) 565-1392

Online: seniorlaw-sd.org

Phyllis Sherrill, 66, needed to get her will updated. It was a task she had been putting off, she said, so being there was a relief.

“I think people like myself feel more comfortable knowing that an attorney is handling it,” said Sherrill, who learned about Elder Law through her work as a volunteer tax preparer for the AARP.

Elder Law's scope of services includes recouping money lost to scams, stepping into tenant and landlord disputes, reversing deed transfers and powers-of-attorney obtained under duress. They also try to ferret out elder abuse and will sometimes forward cases to law enforcement agencies.

It can be tough, Reilly said, because people are sometimes in denial or too embarrassed to get help.

“That's why we want people to come in as soon as possible,” she said. “It's better to hear that you don't have a case than to have a case and miss that opportunity.”

Reilly said Elder Law started to see an uptick in foreclosures as far back as 2006, as some seniors refinanced their homes to give cash to unscrupulous relatives and others trying to take advantage of them.

“We are the canary in the coal mine,” Reilly said. “We see it first.”

Elder Law also offers programs that help seniors understand Medicare and other health insurance issues. It's a hefty workload for a staff of eight lawyers, their support staff and a group of volunteer attorneys and law school students. Almost all of Elder Law's services are free, except for the preparation of trusts, and the group relies heavily on grants and fundraising to make up its $1.2 million annual budget.

“They really passionately care about what they are doing,” said Denise Nelesen, a social worker and spokeswoman for the county's Aging & Independence Services agency, which works with and contributes money to Elder Law.

Paul Greenwood, who heads the District Attorney Office's elder abuse unit, said he has worked with the nonprofit over the years.

“I'm very impressed with their work, and with their vision,” he said.

About 15 percent of Elder Law's work entails litigation, Reilly said. The group has four cases pending and is considering three more.

The main focus, though, is providing legal services and advice to people.

Diana Balough of Warner Springs was at the San Marcos Senior Center last week to get Schumacher's advice on a family dispute that erupted after her mother's death last month.

“I think it's fantastic,” Balough said of Elder Law, “because I feel very comfortable coming here with any problem that comes up for us.”

Balough, 76, and her husband donated money for Elder Law's services, but she knows it was much cheaper than seeing a private attorney.

“I'm so happy to have something like this here,” she said.


Liz Neely: (619) 593-4961; liz.neely@uniontrib.com

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