No Area Agency on Aging plan or Block Grant agreement will be approved by the Department of Aging unless that plan or agreement provides for the delivery of legal services to the elderly, utilizing some funds as required by Section 306(a)(2) of the Older Americans Act, as amended.

        Legal advice and representation by an attorney (including, to the extent feasible, counseling or other appropriate assistance by a paralegal or law student, under the supervision of an attorney), and includes benefits and rights counseling or representation by a non-lawyer to older individuals with economic or social needs.

        An organization or individual that has a legal services program for the elderly, or the capacity to develop one.

        The need resulting from an income level at or below the poverty threshold established by the Bureau of Census.

        The need caused by non-economic factors which include physical and mental disabilities, language barriers, cultural or social isolation, including that caused by racial or ethnic status (for example: Black, Hispanic, Native American, and Asian Americans) which restricts an individual’s ability to perform normal daily tasks or which threaten his or her capacity to live independently.

        That portion of the AAA’s total Block Grant which is adequate to meet the legal services needs of the elderly persons within its planning and service area. To assist the Area Agency in determining the amount of "some funds", the Department of Aging acknowledges the inappropriateness of de minimus funding and the need for compliance with Section 307(a)(15)(D) of the Older Americans Act.

Specific Requirements

        All AAAs are to allocate some funds to the delivery of legal services to older Americans with the greatest economic or social need within their planning and service area. Each AAA must ensure that legal services are delivered in accordance with the specific requirements of the Older Americans Act. An AAA which can demonstrate to the Department of Aging that the legal services being provided from other sources meet the needs of the older persons in its planning and service area may request a waiver from the requirement to budget some funds in this category in accordance with the waiver provisions established.

        The goals of the legal services program for the elderly are: To assure the further expansion and availability of legal services to the elderly; To provide counseling, representation and training on legal problems confronting the elderly; To disseminate information on these issues; To assist the AAA in its advocacy program on behalf of the elderly; To assist, where possible, with law reform, legislation, or changes in administrative regulations on issues of primary concerns to the elderly; To utilize the resources of the local bar associations and state’s law schools for legal services to the elderly; To coordinate the cooperative participation of other area legal service resources with the legal service providers under contract; and to otherwise assist the elderly in securing benefits and rights to which they are entitled.