QUESTIONS

ADULT PROTECTIVE SERVICES

Protective services means services provided by the offices of Adult Protective Services within the Division of Aging and Adult Services. The primary service provided is the investigation of alleged abuse, neglect or exploitation of vulnerable or elder adults. Other services may be provided either by voluntary agreement or as authorized by court order. Those services are designed to prevent or discontinue further abuse, neglect or exploitation of the vulnerable or elder adult until that condition no longer requires intervention. UCA 62A-3-301.

Adult Protective Services shall investigate or cause to be investigated reports of alleged abuse, neglect, or exploitation of vulnerable adults occurring in all settings and, where appropriate, shall provide short-term, limited protective services with the permission of the affected vulnerable adult or the guardian of the vulnerable adult. The division may promulgate rules and develop procedures and policies to be used in reporting incidents of abuse, neglect, or exploitation, and in investigating and providing protective services to the extent that funds are appropriated by the Legislature. UCA 62A-3-302.

Any vulnerable adult, 18 years or older, or an elder adult, 65 years of age or older, who is alleged to be abused, neglected, or exploited, without regard to their income or assets is eligible for investigative services. Any vulnerable or elder adult is eligible for services minimizing, or alleviating issues of abuse, neglect, and exploitation only after the need for protection has been established. Services can be provided and accepted either voluntarily or by court order.

The State of Utah has a mandatory reporting law. This law states: “Any person who has reason to believe that any vulnerable adult has been the subject of abuse, neglect, or exploitation shall immediately notify Adult Protective Services intake or the nearest law enforcement agency. When the initial report is made to law enforcement, law enforcement shall immediately notify Adult Protective Services intake. Adult Protective Services and law enforcement shall coordinate, as appropriate, their efforts to provide protection to the vulnerable adult.” UCA 62A-3-305 (1)and 76-5-111 (1).

When Adult Protective Services receives an allegation of abuse, neglect or exploitation, a determination is made as to whether the information received constitutes a referral and if that referral constitutes an emergency. If it is an emergency, Adult Protective Services is required to initiate the investigation within one working day. If it is not an emergency, the investigation is initiated within three working days. This determination is made at intake, prior to case assignment. The case is then assigned to an investigator.

It is the responsibility of the investigator to initiate the investigation. The investigator gathers information regarding the allegations. The worker then makes a determination based on all information if there is a need for protection. If the answer is “no”, the case is closed. If the answer is “yes”, the client is assisted in obtaining services or benefits as appropriate. Protective services may be provided for ” …a vulnerable or elder adult who has the capacity to consent and who requests or knowingly and voluntarily consents to receive those services” UCA 62A-3-315. Those services can also be provided if ordered by the court. The referrer will be notified when the investigation is complete.

After an allegation of abuse, neglect or exploitation of a vulnerable or elder adult is validated by the investigator and the adult accepts services, the least restrictive and least intrusive services are offered. Whenever the division provides adult protective services, a written agreement shall be executed by the division and the recipient, setting forth the purposes and limitations of the services to be provided. UCA 62A-3-315 (2).

Adult Protective Services will assist the adult in receiving services from other individuals and agencies. If these services are not available, Adult Protective Services may provide the following short-term services[…as funded by the Legislature and based on availability….]:
• Protective Supervision
• Adult Day Care
• Protective Financial Arrangements
• Adult Foster Care

Adults have the right to make personal choices and decisions. This self-determination gives them the right to make decisions that might not appear to be in their best interests. If services are provided by Adult Protective Services, the adult must knowingly and voluntarily accept them without any coercion. If the adult subsequently withdraws consent for those services, they will be discontinued. Involuntary protective services may only be provided with a court order.

HEALTH INSURANCE INFORMATION PROGRAM

If you did not take Part B when you were first eligible for Medicare, you may still be able to sign up during a General Enrollment Period. This happens from January 1 through March 31 of each year. You can sign up for Part A or Part B at your local Social Security office. Your Part B coverage will start on July 1 of that year. Remember, the cost of Part B may go up 10 0.000000 or each 12-month period that you could have had Part B but did not take it, except in special cases. For more information, call your local Social Security office or Social Security at 1-800-772-1213.

NUTRITION COUNSELING

A congregate meal is a meal usually served at the Senior Citizens Center. This nutritious meal must meet the thirty-three and one-third recommended dietary requirements for elderly persons.

To qualify, you need to be 60 years of age or older and you will be asked to fill out a questionnaire to determine your nutritional health needs. Call your closest senior center and find out what time and days they serve the Congregate Meals. Usually noon to 1 p.m. meals are served on a daily basis in most of the 29 counties.

Medicare has a program called Medicare’s Senior Health Care Center that provides an array of services including nutrition counseling by a registered dietitian. Call your closest hospital to find out if they have this program, or they may have another suggestion that is offered at their facility.

You can also Call a Dietitian at 801-363-1359 for referral services in Utah.

The American Dietetic Association (ADA) http://www.eatright.org Their Consumer Nutrition Hot Line 1-800-366-1655 connects you to the expertise of 70,000 dietetic professionals, your link to nutrition and health. Dial the hot line’s toll-free number 1-800-366-1655 to hear recorded messages about current nutrition topics and get an immediate referral to a registered dietitian near your home or work. Messages and accompanying Nutrition Fact Sheets (in English and Spanish) change monthly and offer practical, creative ways to balance food choices for a healthful eating style.

The American Dietetic Association Foundation. The Hot Line’s 900 number, 900-CALL-AN-RD (900-225-5267), is staffed by registered dietitians who provide customized answers to callers’ food and nutrition questions. Charges are $1.95 for the first minute and $.95 for each additional minute. Most calls average about 4 minutes.

The following websites offer information:

For information regarding safety in terms of cooking your food, the sanitation of your kitchen http://www.homefoodsafety.org

For questions concerning the set-up of your environment, download the Safety for Older Consumers Safety Checklist https://www.cpsc.gov/s3fs-public/701.pdf

For specific help call your local senior citizen center for assistance and/or referral.

Safety in terms of your own protection, out of harms way, neglect, exploitation or abuse call the Adult Protective Hotline at: 1-800-371-7897.

Your local library is always handy for reliable information. The USU Extension Services Agency in your area is willing to help you with all kinds of questions and resources. The phone number will be in your local directory or you can call 435-797-3464 for specific referral.

Utah Dairy Council (toll-free 1-888-292-3524) also has excellent material, as well as the American Heart (801-484-3838), American Diabetes (801-363-3024 or toll-free 1-800888-1734), American Cancer (801-483-1500 or toll-free 1-800-227-2345) and Arthritis Foundation.

The ADA publishes a wide variety of consumer and professional publications, plus video and CD-Rom products. Visit ADA's website: http://www.eatright.org

Gerontologicial Nutritionists also publish fact sheets.

Your local senior center may have fitness and health classes or they can refer you to good programs that are available in your community. They will also provide you a listing of lectures and education sessions available at the center on nutrition, exercise and other related topics promoting good health. Utah’s State Council on Health and Physical Activity has a web site that has excellent information as well as links to national associations.

LEGAL SERVICES

Legal assistance provided through Older Americans Act programs typically addresses the following types of cases:
• Age discrimination
• Consumer fraud
• Domestic relations-divorce and domestic violence
• Estate planning-simple wills, some forms of trusts, simple estate administration
• Grandparents’ rights
• Guardianship and other surrogate decision making-powers of attorney, representative payees
• Health care-Medicare, Medicaid, other insurance
• Home ownership, housing, and landlord/tenant issues
• Income protection-Social Security, SSI, Veterans Benefits, food stamps, and other government benefits
• Long Term Care-nursing homes, assisted living, and resident rights
• Protective Services-abuse, neglect, and financial exploitation

The Utah Division of Aging and Adult Services, and the state’s twelve Area Agencies on Aging do not directly provide legal services. These agencies contract with Utah Legal Services, Inc., and some private attorneys, to provide free legal assistance to persons 60 years of age and older for certain civil legal matters.

Other legal resources in Utah include several non-profit legal agencies and volunteer lawyers and programs that provide free legal services, and private attorneys who handle individual cases for a fee. The Utah State Bar provides information on volunteer lawyers and programs and provides consumers with a lawyer referral service for private-pay attorneys.

Contact your local Area Agency on Aging for information on the legal services providers in your area. If you need help outside of Utah, call Eldercare Locator at 1-800-677-1116, or locate its website at http://www.eldercare.gov/ at or locate your closest Area Agency on Aging on the website for the United States Administration on Aging at www.aoa.gov.

Free legal services for certain civil matters are available to persons 60 years of age and older through Utah Legal Services in every county in Utah except Davis County. If ULS is unable to handle a case, it provides useful referrals. Statewide intake is available in English and Spanish.

Utah Legal Services, Inc.
 205 North 400 South, Third Floor Salt Lake City, Utah 84103
 Phone and Fax: 801-328-8891 
In-state toll free: 800-662-4245 www.uls.state.ut.us

Provo
 455 North University Avenue, Suite 100 
Provo, Utah 84601 
Phone and Fax: 801-374-6766
 In-state toll free: 800-662-1563

Ogden
 550 24th Street, #300
 Ogden, UT 84401 
Phone and Fax: 801-394-9431 
In-state toll free: 800-662-2538

Cedar City 
965 South Main #3
 Cedar City, UT 84720
 Phone:435-586-2571 
Fax: 435-586-1013 
In-state toll free: 800-662-1772

The Disability Law Center (DLC) is a private non-profit organization designated by the governor as the state’s protection and advocacy agency. DLC provides advocacy and legal assistance free of charge to eligible clients. DLC handles cases concerning the abuse and neglect of people with disabilities, physical and programmatic accessibility, fair housing, special education, non-institutional living options for people with disabilities, and other issues relating to the rights of people with disabilities. DLC’s central office is in Salt Lake City, and has satellite offices in Cedar City, Logan, Orem, and Ogden.

Disability Law Center
 205 North 400 West
 Salt Lake City, Utah 84102
 Phone: 801-363-1347 
Voice/TDD: 1-800-662-9080 
FAX: 801-363-1437
 TTY: 801-924-3185 www.disabilitylawcenter.org

The Legal Aid Society of Salt Lake provides free legal services to income-eligible clients with domestic relations and guardianship cases. It also provides free representation to any victim of domestic violence, regardless of income. Domestic violence includes elder abuse cases. Domestic relations and domestic violence cases are limited to Salt Lake County, but guardianship cases may be statewide.

Legal Aid Society of Salt Lake
 225 South 200 East, #200
 Salt Lake City, Utah 84111
 Phone: 801-328-8849
 Fax: 801-359-7359

The Multi-Cultural Legal Center strives to assure that legal advocacy is accessible to racial and ethnic communities.

Multi-Cultural Legal Center
 309 East 100 South, #3
 Salt Lake City, Utah 84111 
Phone: 801-486-1183

The Senior Lawyer Volunteer Project provides free legal services statewide to income-eligible clients with wills, trusts, property transfers, powers of attorney, and advance directives, including living wills and health care powers of attorney. Volunteer lawyers may be available to make house calls.

Senior Lawyer Volunteer Project Utah Legal Services, Inc.
 254 West 400 South, Third Floor Salt Lake City, Utah 84103 
Phone: 801-328-8891 or 1-800-662-4245

Utah Dispute Resolution is a non-profit community mediation service in Salt Lake City. Mediation services are carried out by a small paid staff and a large group of trained volunteer mediators. It provides access to quality justice regardless of ability to pay.

Utah Dispute Resolution 
The Law and Justice Center 
645 South 200 East 
Salt Lake City, Utah 84111 
Phone: 801-532-4841 
Fax 801-531-0660

Needs of the Elderly Committee/Utah State Bar Senior Legal Clinic Program in Salt Lake County Volunteer lawyers meet with senior citizens at no cost at senior citizen centers and some senior subsidized housing units throughout Salt Lake County. Volunteers meet one-on-one with clients for 20-minute consultations over a two-hour period. The goal is not to provide in-depth legal representation, but to determine whether the individual has a legal problem and then to identify potential legal services to address the problem. For more information, contact your local senior citizen center or the Pro Bono Coordinator at the Utah State Bar, 801-257-5516.

Senior Legal Clinic Program in Washington County Volunteer lawyers meet with senior citizens at no cost for one-on-one consultations at the St. George Senior Center on a regular monthly basis. For more information, contact the center at 435-634-5716.

Other Free Legal Clinics Throughout Utah These clinics are open to anyone, regardless of age, and are free of charge. Many clinics require appointments while others accept walk-in clients. Volunteer lawyers are available to meet clients on an individual basis. It is always best to call the contact number before traveling to the clinic. The times, days, and locations of these clinics are subject to change. The listing is by geographic location in alphabetical order. For general information call Utah Legal Services at 801-328-8891, or toll-free within Utah at 1-800-662-4245.

Brigham City – Legal Info Night Held the 2nd and 4th Tuesday of every month at the YWCA in Brigham City, from 6:30 p.m. to 8:00 p.m. located at 435 East 700 South. The clinic is run on a first-come, first-served basis, no time limits, and no need to call ahead for appointments.

Brigham City – Pro Se Legal Clinic Utah Legal Services and volunteers help people handle legal actions on their own. Held on the last Thursday of each month from 1 to 4:00 p.m. in the 2nd Floor Library of the First District Courthouse, 43 North Main in Brigham City. First-come, first-served basis.

Cedar City – Thursday Night Legal Clinic Held the first Thursday of every month in the Cedar City Library from 6 to 7:00 p.m. Located at 136 West Center Street. First-come, first-served basis. Contact Utah Legal Services in Cedar City for more information at 435-586-2571 or 1-800-662-1772, ext. 12.

Layton – Christian Legal Society Volunteers meet individuals for free consultations on the lst and 3rd Monday of each month beginning at 6:00 p.m. in the Mt. View Baptist Church in Layton at Highway 193 and 2585 East 3000 North. For an appointment call 801-771-3204. No religious affiliation is necessary.

Logan – Pro Se Legal Clinic Utah Legal Services and volunteers help people handle legal actions on their own. Held the 2nd and 4th Thursday of the month from 8:30 to 11:30 a.m. in the Council Chambers of the Cache County Hall of Justice, 120 North 100 West in Logan. First-come first-served basis. Call the First District Court Clerk at 435-750-1300 prior to attend the clinic to check for any scheduling changes.

Moab – Seek Haven Legal Clinic Held in Moab at 81 North 300 East, every third Wednesday, from 10:00 a.m. to noon. First-come-first served basis. Call 435-259-2229 for more information.

Ogden – Weber County Bar Night Held the 2nd and 4th Thursday of every month, starting at 5:00 p.m. at the YCC, 2261 Adams Street in Ogden. Appointments must be made the week prior to the clinic. Contact 801-394-9456.

Park City – Tuesday Night Bar Held first Tuesday of every month at the Park City Miners’ Hospital from 6 to 8:00 p.m. located at 1354 Park Avenue in Park City. No appointments necessary
Provo-Lesue’ Weekly Spanish Legal Workshop This clinic runs every Thursday starting at 6:00 p.m. at the Maeser Elementary School, 500 East 150 South in Provo. The workshop is for persons who speak Spanish and vocers domestic law and landlord/tenant law.

Provo – Tuesday Night Bar Call BYU at 801-422-7759 and talk with the Comprehnsive Clkinic for a 30-minute appointment at the BYU Taylor Building. The clinic is held on Tuesdays from 5:30 to 7:00 p.m.

Roosevelt – Free Legal Clinic Utah Legal Services and volunteers meet with individuals for one-on-one free consultations on the 2nd Wednesday of every month from 1:00 to 3:00 P.M. at the Roosevelt Senior Community Center, 50 East 200 South. Walk-ins are welcome. Contact Amy Higginbottom at 801-328-8891, ext. 3375, or 1-800-662-4245, ext. 3375, for more information.

St. George – Talk to a Lawyer Conducted by the law firm of Snell and Jensen. Volunteer Lawyers provide free 15-minute consultations every 3rd Thursday from 6:00 to 8:00 p.m. Located at the Washington County Library at 50 South Main Street in St. George. Appointments are necessary – call 435-628-3688.

Salt Lake City – Community Law Center Pro Se Clinic Utah Legal Services and volunteers help people handle legal actions on their own. Held every Wednesday from 11:00 a.m. to 3:00 p.m. at the Community Law Center at 205 North 400 West in Salt Lake City., First-come, first-served basis. Call 801-328-8891 for more information.

Salt Lake County – Pro Se Clinic at the Scott Matheson Courthouse Held every Tuesday and Thursday evening from 5:00 to 11:00 p.m., but you must arrive before 8:00 p.m. The Courthouse is located at 450 South State Street in Salt Lake City. Waine Riches, a volunteer lawyer, conducts a discussion on divorce and then he and other volunteers provide free help to persons trying to handle legal actions on the own. Pro se packets include guardianship. No appointments are necessary, but call ahead to confirm dates at 801-328-7804.

Salt Lake County – Tuesday Night Bar 645 South 200 East Salt Lake City, Utah 84111 Phone: 801-531-9077 Volunteer with the Young Lawyers Division meet one-on-one with individuals for 30 minutes at no cost. The purpose of this program is to assist the public in determining their legal rights. All individuals are eligible regardless of income or legal issue. Tuesday Night Bar is held four Tuesdays each month between 5 and 6:30 p.m. at the Utah Law and Justice Center in Salt Lake City. Appointments must be made through the Bar by calling 531-9077.
Salt Lake County – Street Law Project Utah Legal Services and volunteers meet one-on=one with individuals for free legal consultations in a variety of settings. The clinics listed below are subject to change. All Street Law Project sites function on a first-come, first served basis. No Appointments are necessary and the clinics are open to anyone. Contact 801-328-8891 for more information.

Deaf Legal Clinic Held the 3rd Wednesday of every month from 6 to 9 p.m. at 5709 South 1500 West in Taylorsville.

Fourth Street Viaduct Held every Sunday from 8:30 to 10:30 a.m. at 500 South between 600 and 700 West.

Guadalupe School Held every Tuesday from 5 to 7 p.m. at 340 South Goshen Avenue (1040 West). Spanish speakers are always available.
Indian Walk-In Center Held the 2nd Tuesday of every month from 2 to 4 p.m. at 120 West 1300 South.
Polynesian/Pacific Islander Legal Clinic Held the 2nd Wednesday of every month from 6 to 8 p.m. at 855 West California Avenue.
Saint Vincent de Paul Center Held every Thursday from 12 to 3 p.m. at 427 West 200 South.

YWCA Held the 1st Wednesday of every month from 6:30 to 8:30 p.m. at the YWCA in Salt Lake City. This clinic is open only to YWCA residents.

Tooele Pro Se Legal Clinic Utah Legal Services and volunteers help people handle legal actions on their own. Held every Monday from 10 a.m. to 12 noon at the Tooele Courthouse, 47 South Main Street, in room 318. Call 435-843-3210 to make an appointment.

Vernal Pro Se Legal Clinic Utah Legal Services and volunteers help people handle legal actions on their own. Held the 2nd Tuesday of every month at the Vernal Courthouse, 147 East Main, from 1 to 3 p.m.

Private Attorneys provide legal services for all types of legal issues at a cost to the client. If you do not have a lawyer, get recommendations for good ones from trusted friends and relatives. Interview the lawyer and don’t be afraid to ask him or her how much he or she charges and what he or she will do for you. Choose the lawyer you like best and feel most comfortable with.

If you don’t know how to find a lawyer but believe you have the money to pay for one, contact the Lawyer Referral Service of the Utah State Bar.

Lawyer Referral Service of the Utah State Bar 645 South 200 East Salt Lake City, Utah 84111 Phone: 801-531-9075 or 1-800-698-9077 http://www.utahbar.org/
This service provides names of private lawyers who handle cases for a fee. The initial 1/2-hour consultation with a lawyer found through this service is set at $30.

There are many useful Internet sites. Here are a few government and non-profit organization sites that may provide useful information to seniors:

AARP  -  A consumer-oriented site that provides a wide variety of information on issues, including legal ones, that affect seniors, aarp.org

Administration on Aging  -  The best place to start for information on any issues related to aging. This site also includes information on how to contact the ElderCare Locator for help nationwide in locating local community assistance for seniors, aoa.gov

Bazelon Center’s Palliative Care Project  - A comprehensive review of medical, legal, and ethical issues that arise in pain and palliative care, painlaw.org 

End of Life Care Partnership  -  A consumer-oriented site that provides excellent information on all aspects of dying in Utah. This site also includes Utah’s statutory forms for living wills and special powers of attorney for health care decisions, carefordying.org/

Kansas Elder Law Network  -  Despite its name, this is an excellent site for information on a variety of elder law issues, including many publications and links to further resources, keln.org

National Academy of Elder Law Attorneys   - Useful information on NAELA and its publications and resources. Also includes an excellent list of links to other websites on aging and the law. Provides a list of elder law attorneys in each state, www.naela.org

National Consumer Law Center -  An excellent source of information on low-income consumer issues, including senior issues, www.nclc.org 

National Senior Citizens Law Center  - Useful site from this national support group providing advocacy tips and many links, nsclc.org

Partnerships for Caring   - A consumer-oriented site that provides excellent information on all aspects of dying in Utah. This site also includes Utah’s statutory forms for living wills and special powers of attorney for health care decisions, partnershipforcaring.org

Salt Lake County Aging Services -  A very informative site for aging services in Salt Lake County, slco.org/aging/ 

Social Security Administration   - This is a comprehensive government site for everything you ever wanted to know about social security. All social security forms are available online here,. There is useful information here for someone looking into becoming a representative payee, ssa.gov/

Utah Courts -  This site provides general information about courts in Utah, opinions and other publications, and online forms for some legal matters including divorce and small claims court,  utcourts.gov/

Utah Legal Services  - Non-profit civil legal services provider throughout Utah. This agency contracts with eleven of Utah’s twelve Area Agencies on Aging to provide free legal help to persons 60 years of age and older, uls.state.ut.us/

Utah Legislature  - Here’s where to find out what the legislature is up to and what proposed laws look like, le.state.ut.us 

Utah State Bar -  Provides information on the Needs of the Elderly Committee, the Estate Planning Section, pro bono programs, and a listing of all licensed attorneys in the state, utahbar.org/

Utah State Department of Commerce   - This department responds to consumer complaints, investigates deceptive business practices, and provides information on consumer protection, corporations, and occupational and professional licensing, commerce.utah.gov/

Utah State Department of Human Services -  The state agency that provides social services for people with disabilities, children, seniors, and others. Useful links to other state government information, dhs.utah.gov/

Utah State Division of Aging and Adult Services  -  The state agency for aging services provides a full listing of Area Agencies on Aging throughout Utah and their services, Adult Protective Services, and the Health Insurance Information Program (HIIP), which is an excellent resource for Utah specific information on Medicare, Medicaid, and long-term care insurance, daas.utah.gov/

Utah State Insurance Department -   A wealth of information on all types of insurance and consumer protection issues, insurance.utah.gov/

Utah State Library Division  -  An excellent source for Utah libraries, laws, and legal information. To locate specific Utah laws, you may find the Utah Code Annotated or Unannotated in your local libraries or the University of Utah College of Law Quinney Law Library, library.utah.gov/

You can also find the Utah Code and other Utah regulations at pioneer.utah.gov/

The Quinney Law Library at law.utah.edu/library/