Seniors Legal Hotline

Lawyering that Responds to Seniors' Needs: The Hotline Model

By Eleanor M. Crosby

The facts are clear - Georgia is growing older. Since 1980, Georgia's senior population has increased by 26.8 percent compared to an increase of 17.7 percent for those younger than age 65. Population projections indicate that these disproportionate increases will continue as Georgia "baby boomers" reach age 65. But what do these trends mean for Georgia's lawyers and how do we coordinate our efforts to meet the legal needs of this growing population?

In preparation for Georgia's coming "age wave," the Atlanta Legal Aid Society has been awarded a grant to develop and run a statewide legal hotline for older Georgians. The project will operate in cooperation with the Georgia Division of Aging Services, Georgia Legal Services Program and the State Bar Pro Bono Project. The goals of the hotline are to provide legal advice, brief service, self-help material and referrals to seniors throughout the state and to support the efforts of existing legal projects serving Georgia's elderly.

The hotline is an innovative system, designed, managed and supervised by lawyers, that will offer quality legal services at no cost to an under-served segment of the population. A number of factors make it difficult for older individuals to access legal assistance, making a hotline a sound alternative for meeting their needs.

A study by the ABA Commission on Legal Problems of the Elderly in 1989 indicated that many older persons with legal problems are not aware that their problems can be addressed through legal information or advocacy. In other words, they see their problem as a consumer, housing, health or government problem, but not a legal problem. In addition, older persons may be reluctant to call a lawyer because of concerns about the time or expense involved. Also, in Georgia, rural counties have the highest percentage of older persons, making legal assistance more difficult to access because there are fewer lawyers and fewer supportive services available. Increased distance to services, mobility problems and isolation of many elderly also contribute to accessibility problems. Finally, many seniors, particularly those who are homebound or frail, are not aware of legal assistance in their community.

The American Association of Retired Persons (AARP) Legal Counsel for the Elderly estimates that up to 80 percent of the legal concerns of older people require only brief legal advice or information. Consistent with AARP projections, a review of 1997 data from the Senior Citizens Law Project of Atlanta Legal Aid indicates that approximately 75-80 percent of cases were closed with advice only, brief service or referrals. Of these cases, the largest number were in the area of probate (years support, wills, property titles, etc.). The second largest area was consumer law, and the third largest category was Medicaid.

Georgia's Senior Legal Hotline is designed to provide quick access to legal advice and information and will use technological advances such as computer software and telephone capabilities to maximize its effectiveness and increase access to lawyers throughout the state. The hotline will be staffed by specially trained attorneys who will handle concerns and provide follow-up information or refer the call (after screening for merit) to a local pro bono, or reduced fee lawyer program or a to a "for-fee" arrangement with a private panel attorney.

The hotline will target senior citizens who are economically needy, frail, or at-risk but will provide information and referral services to all older Georgians. It will work hand-in-hand with existing programs serving vulnerable or poor adults and with the private bar to screen cases and match prospective clients with lawyers.

A series of regional meetings are being held throughout the state to discuss the hotline concept, coordination issues and local or regional issues that have an impact on program design. Hotline staff have been working with local partners (Area Agencies on Aging, Georgia Legal Services, programs providing legal services funded under the Older Americans Act, local bar associations and referral programs, older consumers, courts and others) to design and coordinate a system that will build on successful partnerships already in place and focus efforts on filling gaps in services.

Hotlines are operating successfully in a number of states (FL, MI, TX, MS, HI) and have proved a cost-effective and efficient way to increase accessibility to the legal profession. Ellie Crosby, an attorney with many years of experience providing legal assistance to older Georgians, will manage the hotline. In 1993, Ms. Crosby received the Paul Lichterman Award, a national honor recognizing outstanding achievement in the field of law and aging. Prior to joining Legal Aid, she worked as a staff attorney at Georgia Legal Services, was Legal Services Developer for the State Division of Aging Services and served as Advocacy Representative at AARP. She is a former chair of the State Bar YLS Elder Law Committee. The Senior Legal Hotline will be housed at the Georgia Division of Aging Services and will begin operation in the spring of 1998. For more information, contact Ms. Crosby at (404) 614-3962.

Eleanor M. Crosby, an attorney with many years of experience providing legal assistance to older Georgians, will manage the hotline. In 1993, Ms. Crosby received the Paul Lichterman Award, a national honor recognizing outstanding achievement in the field of law and aging. Prior to joining Legal Aid, she worked as a staff attorney at Georgia Legal Services, was Legal Services Developer for the State Division of Ageing Services and served as Advocacy Representative at AARP. She is a former chair of the State Bar YLS Elder Law Committee. The Senior Legal Hotline will be housed at the Georgia Division of Ageing Services and will begin operation in the spring of 1998. For more information, contact Ms. Crosby at (404) 614-3962.

This article was originally published in the Georgia Bar Journal, February 1998, Vol.3 No.4