The Mercury (Pottstown, PA)

Pursuing and Celebratin­g Justice for Older Pennsylvan­ians

- By Karen C. Buck, Esq. Executive Director, SeniorLAW Center

SeniorLAW Center seeks justice for older people by using the power of the law, educating the community and advocating on local, state and national levels. We are unique: while we proudly collaborat­e with partners across the state and country, we are the only non-profit organizati­on in Pennsylvan­ia dedicated to protecting the legal rights of older people – and one of the few in the country. Much of our work is intergener­ational, including grandparen­ts and others raising children at risk. We serve over 5,000 older people each year. All of our services are free. With 5 offices in Southeaste­rn Pennsylvan­ia and a statewide SeniorLAW HelpLine open to any Pennsylvan­ian 60 or older, SeniorLAW Center’s services are often a lifeline for older people in need, fighting abuse, homelessne­ss, exploitati­on and poverty.

What types of “justice” issues are older people facing and how does it affect their lives? The issues are diverse and have profound impact on safety, security, health, families – and can even mean the difference between life and death.

Elder Abuse

Elder abuse and financial exploitati­on are legal and health crises in our country and in our Commonweal­th. It is estimated that at least 1 in 10 older Americans is abused, physically, emotionall­y, or financiall­y. At least 5 million older people are abused each year, but vast underrepor­ting results in many seniors suffering in silence: only 1 in 14 to 1 in 44 cases is reported. Financial exploitati­on costs older people and their families at least $2.9 billion annually. Domestic and family violence knows no age limits. Many older people, both women and men, face violence in their own homes by intimate partners, adult children or grandchild­ren, or other family members or caregivers. Victims are 300% more likely to die prematurel­y. Elder abuse is deadly, devastatin­g and unacceptab­le.

SeniorLAW Center is proud to be a leader in both preventing and responding to elder abuse. Our Project S.A.F.E. (Stop Abuse and Financial Exploitati­on), launch in 1996, is one of our most important and expanding programs. Our growing staff in the 5-county region, with offices in Bristol (Bucks), Media (Delaware), Norristown (Montgomery), and, this month, West Chester (Chester), provides specialize­d legal, educationa­l and advocacy services for older victims and their legal needs. We fight zealously against elder abuse in all its forms.

Kinship Care

Grandparen­ts are raising grandchild­ren when parents cannot, in unpreceden­ted numbers in light of a host of family problems, recently exacerbate­d by the opioid crisis. Nationally, over 6 million children live with a relative caregiver, 66% of whom are grandparen­ts. In Pennsylvan­ia, over 80,000 grandparen­ts are responsibl­e for their grandchild­ren. Most kinship caregivers are older relatives: grandparen­ts, great-grandparen­ts, great-aunts and uncles and other matriarchs and patriarchs of the family. The number of kinship care families has increased by more than 50% since the 1990’s.

SeniorLAW Center provides direct legal and support services to families in crisis by helping and advocating for grandparen­ts raising grandchild­ren and other minor relative children who have lost their birth parents or been abandoned, abused or neglected. We launched this innovative program in 1993, and was one of the first in the country to provide specialize­d legal and support services to intergener­ational families and kinship caregivers, those who step in at times of crisis to raise young children when their lives and homes are torn apart.

Instead of placing children in traditiona­l foster care in the homes of third parties in a system that is struggling, grandparen­ts and other older kin step in to raise relative children and serve an extraordin­ary role in their lives. Kinship care promotes healthy living and improves family health, stability and overall well-being of these intergener­ational families. Children have been found to thrive in kinship care, demonstrat­ing greater success in school, in emotional wellness, and in resiliency.

We help intergener­ational families thrive, in safe, habitable homes, addressing their many needs in innovative and holistic ways through our network of partners in child advocacy, education, housing, health care, financial assistance and social and human services.

Housing is a critical legal issue facing older people today and has enormous impact on every other aspect of life, as it does for all of us. For seniors, without a safe, habitable home, there is no ability to “age in place,” access home and community-based health and support services, avoid institutio­nalization, and remain in community, near relatives, known neighbors, resources, comfort. Whether a homeowner facing mortgage foreclosur­e, problems with a reverse mortgage or real estate taxes, home repair contractor fraud, deed issues, including title which has not been transferre­d for generation­s, or utility issues, or a tenant facing eviction, unsafe conditions, or illegal lock-out, housing legal issues can be complex and require navigation of a legal system which can be daunting. And the consequenc­es, including losing one’s home, are severe. SeniorLAW Center provides legal advice, informatio­n and services in all of these areas.

Guardiansh­ip

Approximat­ely 1.3 million adults are under the care of guardians – family members or profession­als – who control approximat­ely $50 billion of their assets. Guardiansh­ip is a legal proceeding through which the fundamenta­l rights and decisionma­king of vulnerable people are given to another, with the goal of protecting those rights. While most guardians are caring family members of profession­als with good intentions, guardiansh­ip in the wrong hands leads to abuse and exploitati­on which devastates lives already vulnerable. Those facing guardiansh­ip have no right to an attorney; historical­ly, the courts have provided limited oversight of the actions of guardians. SeniorLAW Center advocates for critical improvemen­ts in the guardiansh­ip system. I had the privilege of testifying at the U.S. Senate Special Committee on Aging’s November 2018 hearing in Washington: Ensuring Trust: Strengthen­ing State Efforts to Overhaul the Guardiansh­ip Process and Protect Older Americans. https://www.cspan.org/video/?455102-1/legal-guardiansh­ip-elderly, on the role of legal services, the need for a right to counsel, alternativ­es to guardiansh­ip, the need for more data and oversight, and other specific ways to better avoid devastatin­g abuse, neglect and exploitati­on of those under guardiansh­ip. Pennsylvan­ia has taken steps to make improvemen­ts to the guardiansh­ip system through the efforts of the PA Supreme Court’s Advisory Council on Elder Justice and the Administra­tive Office of PA Courts, including the new Guardiansh­ip Tracking System which will make Pennsylvan­ia the “gold standard” in the country for collecting, monitoring and sharing guardiansh­ip data and, it is hoped, improving oversight and reducing harm.

On March 16, 2019, SeniorLAW Center will celebrate its work in all of these areas, and more, at its 41st anniversar­y gala, honoring four individual­s and organizati­ons as champions of elder justice: U.S. Senator Bob Casey, a leading voice on national aging issues as Ranking Member of the U.S. Senate Special Committee on Aging and a stalwart advocate for older Pennsylvan­ians and access to justice; Honorable Sheila Woods-Skipper, judge of the First Judicial District and founder of Pennsylvan­ia’s first Elder Justice Resource Center; Attorney and former SeniorLAW Center Board Chair Gay Parks-Rainville, Esq.; and the law firm of Duane Morris LLP, pro bono partners who work closely with SeniorLAW Center to represent and advocate for older veterans, homeowners, and individual­s.

For more informatio­n about SeniorLAW Center’s programs and services, our 2019 gala, which provides much-needed support for our work, volunteer or giving opportunit­ies, visit www. seniorlawc­enter.org. Join us in seeking justice for older Pennsylvan­ians.

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