Statewide agency provides legal services

Julie Mallett and Eleanor Bruchey sit in side-by-side offices at Eastern Agency on Aging. Each maintains a mild manner that belies the passion and tenacity she draws upon to serve a senior in need.

Mallett and Bruchey are but two of the dedicated staff at Legal Services for the Elderly, a nonprofit, statewide agency that provides free legal assistance to people 60 years of age and older, regardless of their income.

“It is very gratifying to know that Eleanor, [LSE paralegal], and I are helping people who may not otherwise have access to an attorney,” said Mallett, an attorney with the agency.

Legal Services for the Elderly is funded through a grant from the U.S. Department of Health and Human Services’ Administration on Aging, and various other donors. The agency operates a central toll-free help line in Augusta, which is staffed by attorneys and paralegals.

“The goal of the toll-free line is to help everyone who calls, if possible,” said Mallett. “Some examples of calls include MaineCare and Medicare advice and counsel, debt collection and consumer issues.” The agency’s attorneys can also represent clients in court or at administrative hearings.

“And sometimes a phone call or a letter is all it takes to solve a problem for a client,” she said. “In the case of debt collection, creditors will often drop their attempts at collection once they are made aware that the person is collection-proof and there is simply no money available to pay the debt. This is a great relief to seniors who are sometimes fearful that they could end up in jail.”

If it appears a case will need face-to-face contact between a lawyer and client, or seems to require more extended representation, the senior is referred to a staff attorney. These attorneys are located in Portland, Lewiston, Augusta, Bangor and Presque Isle, housed at Area Agencies on Aging offices. They accept walk-in clients, as well as referrals from the central help line, said Mallett.

Staff attorneys handle such issues as financial exploitation, guardianship defense, MaineCare appeals, government benefits and evictions. They also assist clients with financial and medical powers of attorney and living wills, she added.

Financial exploitation is a prime concern of the agency. Seniors are often susceptible to financial exploitation for one reason or another. Mallett recalls an elderly man who was quite ill and illiterate. He allowed a relative to place her name in his bank account, with the understanding that she would pay his bills.

“Over the course of several months, the woman took several thousand dollars from his account and used it to pay her own bills,” said Mallett. “The client discovered the missing funds and contacted LSE, who intervened and successfully recovered a significant portion of the money for the client.”

Along with recurrent issues, new challenges emerge.

“It is important for LSE to keep up with current legal issues facing the elderly,” said Mallett. “One new area is the Medicare prescription drug benefit or Part D. Some seniors are experiencing problems getting their prescriptions filled under the new plan. LSE has developed a special unit with a new attorney and additional staff who will be representing clients with appeals. We’re hoping this will significantly help seniors who may find the process overwhelming.”

While the agency attorneys are well-versed in many types of law, there are certain matters they do not handle. Wills, bankruptcies and real estate transfers are referred to a panel of private practice attorneys who have agreed to work at reduced rates for elderly who meet certain income guidelines.

That is just another way LSE is looking out for seniors.

“And our clients are so appreciative of any help we can give them,” said Mallett. “This work is very rewarding.”

For more information on Legal Services for the Elderly, call (800) 750-5353.

Carol Higgins is director of communications at Eastern Agency on Aging. For information on EAA, call 941-2865, e-mail info@eaaa.org, or log on www.eaaa.org.