
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3058j]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 35--PROGRAMS FOR OLDER AMERICANS
 
    SUBCHAPTER XI--ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION 
                               ACTIVITIES
 
                        Part A--State Provisions
 
 subpart iv--state elder rights and legal assistance development program
 
Sec. 3058j. State elder rights and legal assistance development


(a) Establishment

                           (1) In general

        In order to be eligible to receive an allotment under section 
    3058b of this title from funds appropriated under section 3058a(c) 
    of this title, a State agency shall, in accordance with this section 
    and in consultation with area agencies on aging, establish a program 
    to provide leadership for improving the quality and quantity of 
    legal and advocacy assistance as a means for ensuring a 
    comprehensive elder rights system.

                   (2) Coordination and assistance

        In carrying out the program established under this subpart, the 
    State agency shall coordinate, and provide assistance to, area 
    agencies on aging and other entities in the State that assist older 
    individuals in--
            (A) understanding the rights of the older individuals;
            (B) exercising choice;
            (C) benefiting from services and opportunities authorized by 
        law;
            (D) maintaining the rights of the older individuals and, in 
        particular, of the older individuals with reduced capacity; and
            (E) solving disputes.

(b) Functions

    In carrying out this subpart, the State agency shall--
        (1) establish a focal point for elder rights policy review, 
    analysis, and advocacy at the State level, including such issues as 
    guardianship, age discrimination, pension and health benefits, 
    insurance, consumer protection, surrogate decisionmaking, protective 
    services, public benefits, and dispute resolution;
        (2) provide an individual who shall be known as a State legal 
    assistance developer, and other personnel, sufficient to ensure--
            (A) State leadership in securing and maintaining legal 
        rights of older individuals;
            (B) State capacity for coordinating the provision of legal 
        assistance;
            (C) State capacity to provide technical assistance, training 
        and other supportive functions to area agencies on aging, legal 
        assistance providers, ombudsmen, and other persons as 
        appropriate; and
            (D) State capacity to promote financial management services 
        for older individuals at risk of conservatorship;

        (3)(A) develop, in conjunction with area agencies on aging and 
    legal assistance providers, statewide standards for the delivery of 
    legal assistance to older individuals; and
        (B) provide technical assistance to area agencies on aging and 
    legal assistance providers to enhance and monitor the quality and 
    quantity of legal assistance to older individuals, including 
    technical assistance in developing plans for targeting services to 
    reach the older individuals with greatest economic need and older 
    individuals with greatest social need, with particular attention to 
    low-income minority individuals;
        (4) provide consultation to, and ensure, the coordination of 
    activities with the legal assistance provided under subchapter III 
    of this chapter, services provided by the Legal Service Corporation, 
    and services provided under subparts II, III, and V of this part, as 
    well as other State or Federal programs administered at the State 
    and local levels that address the legal assistance needs of older 
    individuals;
        (5) provide for the education and training of professionals, 
    volunteers, and older individuals concerning elder rights, the 
    requirements and benefits of specific laws, and methods for 
    enhancing the coordination of services;
        (6) promote, and provide as appropriate, education and training 
    for individuals who are or might become guardians or representative 
    payees of older individuals, including information on--
            (A) the powers and duties of guardians or representative 
        payees; and
            (B) alternatives to guardianship;

        (7) promote the development of, and provide technical assistance 
    concerning, pro bono legal assistance programs, State and local bar 
    committees on aging, legal hot lines, alternative dispute 
    resolution, programs and curricula, related to the rights and 
    benefits of older individuals, in law schools and other institutions 
    of higher education, and other methods to expand access by older 
    individuals to legal assistance and advocacy and vulnerable elder 
    rights protection activities;
        (8) provide for periodic assessments of the status of elder 
    rights in the State, including analysis--
            (A) of the unmet need for assistance in resolving legal 
        problems and benefits-related problems, methods for expanding 
        advocacy services, the status of substitute decisionmaking 
        systems and services (including systems and services regarding 
        guardianship, representative payeeship, and advance directives), 
        access to courts and the justice system, and the implementation 
        of civil rights and age discrimination laws in the State; and
            (B) of problems and unmet needs identified in programs 
        established under subchapter III of this chapter and other 
        programs; and

        (9) for the purpose of identifying vulnerable elder rights 
    protection activities provided by the entities under this subpart, 
    and coordinating the activities with programs established under 
    subchapter III of this chapter and subparts II, III, and V of this 
    part, develop working agreements with--
            (A) State entities, including the consumer protection 
        agency, the court system, the attorney general, the State equal 
        employment opportunity commission, and other State agencies; and
            (B) Federal entities, including the Social Security 
        Administration, Health Care Financing Administration, and the 
        Department of Veterans' Affairs, and other entities.

(Pub. L. 89-73, title VII, Sec. 731, as added Pub. L. 102-375, title 
VII, Sec. 704, Sept. 30, 1992, 106 Stat. 1285.)

                  Section Referred to in Other Sections

    This section is referred to in section 3012 of this title.
