Legal Aid for Seniors FAQ
Legal aid is a term describing the types of support legal services can give people in need of legal help. Generally, legal aid involves advice, information, support, advocacy, and representation that free and low-cost legal services offer to those who qualify. Legal aid exists to solve the injustices faced by the general population, and benefits many groups, including the elderly.
In Iowa, an individual who requires legal aid must meet financial guidelines as determined by the state. Many legal services organizations in Iowa dedicate themselves specifically to the elderly , such as Iowa Legal Aid and Aging Resources of Central Iowa. These services include consultation for those facing evictions, utility shutoffs, social security issues, and more. In addition, legal aid helps seniors navigate complicated government programs and find benefits and subsidies they qualify for. When elderly individuals face guardianship conflicts, legal aid can mitigate these situations on their behalf.
If you believe you or a loved one may qualify for legal aid, many resources exist to help you determine eligibility. Consider the following questions:
Once you have answered these questions, you can call Iowa Legal Aid at 1-800-532-1275 and begin to find the legal services you need.
Seniors in Iowa Can Get Legal Aid
In Iowa, programs within the website "Iowa Legal Aid" offer very useful resources for seniors in terms of strategies and general advice for obtaining low-cost or pro bono legal aid. Programs of interest for seniors include Project of Senior Citizens Legal Hotline, Project on Elder Abuse, and Senior Citizen HelpLine.
The question of eligibility is an important one to ask, however, especially as regards the Hotline. Iowa Legal Aid has very specific eligibility requirements that each caller must meet in order to receive help over the telephone. Any senior citizen who calls Iowa Legal Aid for assistance must be 60 years of age or older. Additionally, the household income of the caller must of course be below the limits set by Iowa Legal Aid:
- Household size of up to 3: $20,000
- Household size of 4: $22,000
- Household size of 5: $24,000
- Household size of 6: $26,000
The net monthly income of a senior citizen must be at a maximum of $1,667. Finally, asset limits apply; both the household and individual asset limits are valued at $10,000.
One important note for seniors is that these requirements do not apply for cases involving abuse or neglect, and senior citizens with higher incomes may receive direction and counsel as long as their case is non-criminal.
Issues and Concerns Facing Seniors in Iowa
Seniors face many of the same legal issues that affect persons of all ages, but they also have several unique concerns. Some of these issues are the result of aging, such as increased medical needs, and some arise because of their age or combination of age and circumstances. For example, seniors are often more at risk of financial or physical exploitation than other adults.
Estate Planning: Wills and Trusts
Seniors need to plan for their estates, including preparing wills and/or trusts to avoid probate. Other estate planning documents, such as powers of attorney and advanced healthcare directives, are also essential.
Powers of Attorney and Healthcare Decisions
A power of attorney allows someone to make decisions on your behalf, such as financial or healthcare decisions. Durable powers remain in effect even if you become incapacitated and a healthcare directive will specify your wishes for your care in the event you become incapacitated.
Medicaid Planning and Elder Abuse
Medicaid planning involves the legal structuring of assets to protect your wealth. Many legal aid organizations provide information and referral regarding elder abuse and financial exploitation.
How Seniors Can Apply for Legal Aid
The process to apply for legal aid assistance in Iowa is straightforward and accessible for seniors. Here is a step-by-step guide on how to proceed:
- **Determine Eligibility:** The first step is to determine eligibility for legal aid services. Generally, these services are available to low-income (below 125% of the federal poverty level) and vulnerable Iowans, particularly seniors facing legal issues such as mortgage foreclosures, utility shutoffs, food assistance, and other civil matters.
- **Gather Necessary Documents:** Before applying, seniors should gather any relevant documents related to their legal issue. This may include identification, proof of income, bank statements, and information regarding the nature of the legal problem and how it affects them.
- **Apply for Legal Aid Services:**
- **Online:** A convenient way for seniors to apply for legal aid is through the Iowa Online Legal Assistance Application (ILAA). This online hotline allows users to answer a series of questions to determine eligibility for assistance .
- **Phone:** ILAA is not the only method for applying. Seniors can also call their local Iowa Legal Aid office and speak directly to an attorney about their need for assistance. Offices are located in cities such as Waterloo, Cedar Rapids, Des Moines, and Counsel Bluffs.
- **Interview with a Lawyer:** After submitting an application to Iowa Legal Aid, you will have an interview with a lawyer who will decide if you can be represented by Legal Aid.
- **Follow Instructions and Provide Information Quickly:** If approved for legal assistance, follow instructions carefully, and provide any documents requested quickly. If you miss deadlines or don’t provide information to the lawyer who will represent you, the legal aid organization may have to drop your case or close your file.
It is important to act quickly when applying for legal assistance. If you don’t qualify for legal aid services, you can consider getting a private attorney to assist you.
Iowa Legal Aid Groups for Seniors
While volunteers are an essential resource for many of Iowans’ low-income and vulnerable residents, legal aid organizations provide an important safety net by offering legal assistance synonymous with practice before the court. Iowa has two core legal aid organizations that serve clients throughout the state: Iowa Legal Aid and the Legal Aid Society of Iowa.
Iowa Legal Aid assists Iowans with problems in seven substantive areas. To access these services, Iowas first complete a Financial Assessment Form. After that form is reviewed in context as part of an intake process that is generally completed over the phone. Notably, Iowa Legal Aid serves family law clients through both its state-wide office and a 60+ legal hotline. The Family Law Project serves clients who have at least one child under 18 years old and have income below 250% of the federal poverty guidelines. Additional requirements may be imposed at the discretion of staff lawyers. Of the people served, Iowa Legal Aid found that "67% reported that without our assistance, they would not be able to move forward with their life whenever an abuse or neglect situation arises." Families over the Age of 60 are also served within the issue area of Elder Law by the State Office through a phone intake process directly into its Senior Citizen Law Project. Established in 1981, this program "provides free legal advice and assistance to Iowans 60 and older by calling (800) 992-8161." Iowa Legal Aid proudly reports that "of the clients served: 42% lived alone; 39% lived in a HUD-subsidized or Section 8 living facility; and 15% lived in a family member’s home." Of the cases opened in 2018, 38% involved housing/consumer issues; 27% public benefits; 20% health care; and 6% wills/advanced directives.
The Legal Aid Society of Iowa is a local nonprofit law firm that serves Iowans in a variety of legal practice areas. This organization also employs a similar income-based screening process. Uhlmann & Zirkelbach’s pro bono clients are often referred from the Legal Aid Society of Iowa, as the organization is the only provider of free legal services to low-income Iowans in 40 counties in Iowa’s central region.
Tips for Seniors Looking for Legal Aid
When seeking legal assistance, seniors should consider a few practical tips. First, ensuring the service they are considering is appropriate for their specific needs is crucial. Not all legal aid services cater to seniors, so confirming that the service specializes in or has experience working with seniors is key. The Iowa Legal Aid website provides a directory of approved agencies and organizations that focus on specific subpopulations such as seniors.
Next, it’s important for seniors to gather all relevant documentation and information before their legal consultation. This includes any previous legal documents, financial statements, medical records, and social security information. Having these materials readily available will help speed up the process, prevent unnecessary delays, and allow the legal professional to understand the situation they will be handling better. Another consideration is how to pay for the legal assistance. Some legal aid services offer free consultations or operate on a sliding scale, but others may require payment. Obtaining clarification on a lawyer’s fees and the payment structure will help eliminate any surprises later on.
Additionally , seniors should be aware of their rights as clients. The ABA Model Rules of Professional Conduct outline the following rights that attorneys owe to their clients: (i) the right to a copy of all documents, pleadings, and correspondence between the lawyer and the court, (ii) the right to have attorneys safeguard all funds and property, (iii) the right to receive a detailed bill and request an audit of any fees, and (iv) the right to secrecy in communications with their legal counsel. Understanding these rights is essential to ensure the attorney-client relationship is sound and satisfactory.
Finally, seniors seeking aid can benefit from asking questions at their appointment. These questions should be focused on their specific case. For example, if the senior meets with an estate planning specialist and has an existing will, they may want to ask whether the lawyer works primarily with wills or other elder law issues, and if there are other areas that may need attention. The lawyer’s response should provide an idea of whether this person is a good fit for the case at hand.