the EBS Program and
The Elder Benefit Specialist Program focuses on providing legal assistance to individuals aged 60 and above in specific legal areas. Learn about the ethical aspects, program parameters, client criteria, exceptions, and more to ensure proper practice and avoid malpractice.
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Presentation Transcript
Ethical Underpinnings of the EBS Program and Avoiding Malpractice The Dos, Don ts, Rules, and Whys of being a great Elder Benefit Specialist
Understand the parameters of the EBS program Understand the role of your Supervising Attorney Understand your role as an EBS How to stay within the parameters of the program Duties to your client Understand when to ask questions and when to make referrals Walk through sample cases and be able to identify issues Agenda
The Elder Benefit Specialist Program is a legal assistance program Parameters of the EBS Program It is funded to provide individual clients (age 60 and over) with assistance and representation in specific legal areas
Parameters of the EBS Program Public benefits Health Insurance Landlord/tenant Some consumer debt Housing Program Areas
Clients must be individuals with specific legal or informational needs Institutions, facilities, and other professionals are NOT your clients Sons, daughters, neighbors, or other interested people are NOT clients Cannot cold call a person just because others are concerned Parameters of the EBS Program
Parameters of the EBS Program Specific Exceptions You can work with legally appointed representatives of people who are age 60+ Court-appointed guardians and powers of attorney for finances Document Client gives permission Document
Parameters of the EBS Program Specific Exceptions You can work with people under age 60 in some limited circumstances If assistance would help a spouse or partner who is 60+ OR Disability cases AND And if you get the approval of both your Supervising attorney and Director
We decide when and whether to take cases We decide the legal method of solving a case We serve as a support system, reference center and legal director for EBSs Most importantly, our job is to answer your questions and help you serve clients, so use us! Role of your Supervising Attorneys
Determine who the client is Make sure the client fits within the parameters of the EBS program Determine whether the EBS program can assist them Provide legal assistance to the client Research issues and provide information Work with your Supervising Attorney, if needed Make referrals to outside sources, if needed Communicate with the client Document your interactions with the client Your role as an Elder Benefit Specialist
You will quickly find that no two cases are exactly alike When in doubt ask! That s what we are here for! Read through the Elder Benefit Specialist Handbook You will often have clients who need more help than you can give It is difficult! Limited funding/resources Consider referrals to other organizations, departments, or privately practicing attorneys Know your limitations Better to say, I m not sure, I want to research this/check with my supervising attorney first than to give a wrong answer or false hope Your role as an Elder Benefit Specialist
Avoiding Malpractice Ethical Duties of an EBS
1. Confidentiality 2. Competence 3. Zealous Advocacy Duties
Do Not reveal information about representation of the client unless the client consents Docommunicate client information with your supervising attorney Docommunicate client information when disclosure is implicit in the representation Confidentiality
Sticky Situations Revealing confidential information might be necessary but you must consult with your supervising attorney Other Office Staff Elder Abuse and Neglect You cannot report elder abuse and neglect unless the client gives consent Always call your supervising attorney Confidentiality
Practice only in program areas Refer clients who need service that is beyond the program areas Adhere to deadlines Stay updated Keep in touch Create a paper trail Competency
Public benefits Health Insurance Landlord/tenant Some consumer debt Housing Competency Practice only in program areas
Contact your Supervising Attorney for referrals State Bar Lawyer Referral and Information Service (800) 362-9082 Private Bar and Legal Action/ Judicare http://www.legalexplorer.com/lawyer/lawyer.asp Competency Refer clients who need service beyond the program areas
All appeal deadlines are your responsibility CHECK YOUR DEADLINES before anything else Usually located at the end of a letter/notice DON T ESTIMATE Count the calendar days, not business days in most cases CALL if you miss a deadline! Competency Adhere to Deadlines
Stay organized Create a system that works for you Complete ERI Modules review/refresh as needed Attend all trainings Mandatory training dates are provided in advance and are mandatory! Competency Stay updated
Most common client complaint against lawyers is not being informed Duty to keep your client and your supervising attorney up-to-date with progress Competency Keep in touch
DOCUMENT your actions and contacts Contemporaneous is best Send closing letters File Retention Competency Create a paper trail
Be professional, polite, tenacious Work through both formal and informal channels to achieve the client s goals Stay within the program areas with every client Work closely with your supervising attorney Keep your clients informed of your activities Ask a lot of questions Don t give up! Zealous Advocacy
Questions to Ask Every Time 1. Do you have a client? If so, who is your client? 2. Does your client fit within the parameters of the EBS program? 3. Who are you permitted to communicate with? Have you documented who you are permitted to communicate with? 4. What are the client s goals/objectives? Do these goals/objectives fit within the parameters of the EBS program? 5. Have you assisted the client with their goals/objectives or referred them to someone who can?
