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Legal
Assistance- Questions & Answers
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jump down to questions & answers on:
Legal
Assistance | Advance Directives (Living
Wills & Durable Power of Attorney) | Guardianship
& Conservatorship | Lawyer Referral
Grandparents' Rights
Legal
Assistance
Q:
I need legal advice but cannot afford to pay an attorney. What
do I do?
A:
There are several options available:
- The
Legal Hotline for Older Iowans is a free and confidential
service for Iowans 60 years and older who have questions about
non-criminal legal matters. You may reach the Hotline at 1-800-992-8161
or 515-282-8161. The Legal Hotline provides free and confidential
advice, brief service and referral about most non-criminal legal
questions. The Hotline can help people with their legal problems
by:
- Giving
legal advice and written materials about legal questions
and problems.
- Letting
people know when they need more than advice, and referring
them to the right place for help. Advice can also be provided
to people seeking help on behalf of older Iowans who are
unable to call.
Older
Iowans may contact the Hotline with questions about:
- Medicaid,
Medicare, health care directives, insurance and other health
care issues.
- Social
Security, Supplemental Security Income, Veterans Administration
benefits, food stamps and other income maintenance programs.
- Housing
and real estate issues.
- Consumer
issues, including telephone and mail solicitations, debt
collection practices, and consumer credit problems.
- Discrimination
problems
- Grandparent
rights, elder abuse, and other family law matters.
- Rights
of persons in nursing homes, county care facilities or hospitals.
- Wills
and health care directives.
- Guardianships
& conservatorships
- Other
non-criminal legal matters.
If your
problem will require ongoing legal representation, you will
be referred to an appropriate source of legal assistance in
your area. The
Legal Hotline for Older Iowans is a project of the: Iowa
Legal Aid, 1111 9th Street, Suite 230, Des Moines, IA 50314-2427.
- Contact
your local Area Agency on Aging.
Each Area Agency on Aging contracts with a legal provider in
that area to provide legal assistance to persons 60 and older.
- Volunteer
Lawyers Project. Volunteer lawyers from all over the state provide
free legal help to qualifying low income Iowans in civil cases.
The Iowa Legal Aid (ILA) will perform all screening for the
project. To locate your regional office call 1-800-532-1275.
Further information is also available on the Iowa
Bar Association Volunteer Lawyers Project page.
- Lawyer
Referral Service. This service of the Iowa State Bar Association
can locate an attorney in your area willing to help with legal
problems. The cost for any service beyond the initial meeting
is to be agreed upon between the attorney and client. To contact
the Lawyer Referral Service, call 515-280-7429 or 1-800-532-1108.
This service is also now available on-line on the Iowa
Bar Association Lawyer Referral page.
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Advance
Directives (Living Wills & Durable
(Medical) Power of Attorney)
Q: Where
can I find information on advance directives, including living
wills and durable power of attorney for health care?
A:
A step-by-step guide to preparing advance directives documents
is available on our website. The guide is entitled: "The
Gift of Peace of Mind: For Yourself, For Your Family" [PDF
Format- be patient with load time- this is a large document].
Q: Where
can I get the forms to complete a living will or durable power
of attorney for health care?
A: This
information is available in the Iowa
Bar Association forms section. It is strongly recommended
that you consult an attorney when completing these documents.
In addition, forms are available in the guide "The Gift of
Peace of Mind", linked in the answer to the question above.
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Guardianship
and Conservatorship
Q:
What is a Guardian?
A:
A guardian is appointed to make decisions about the ward's needs
or affairs other than financial matters. These may include decisions
about things like medical treatment, where the ward lives, and
arrangements for services such as meals, personal care, training
and education, to mention just a few.
Q:
What is a Conservator?
A:
The conservator is responsible for making decisions about the
financial affairs of the ward. The ward's estate includes assets-
such as stocks, bonds, bank accounts, cash and real estate- for
which the conservator has assumed responsibility. Generally, the
conservator controls all of the ward's income and property, takes
care of paying bills, and handles other financial matters.
Q:
How do I know if guardianship or conservatorship is appropriate?
A:
First, contemplate & review all reasonable alternatives. Guardianship
or conservatorship is not necessary in every case where you, your
older parent, or older loved one requires financial management
help or personal care help. The Department of Elder Affairs chairs
the Substitute Decision Making Task Force, which produced a booklet
"Alternatives
to Guardianship & Conservatorship" [PDF Format] that
examines some of the alternatives short of legal arrangements
such as guardianship and conservatorship.
Iowa does
have new standards which need to be met in order to establish
a guardianship or conservatorship. If you are contemplating establishing
a guardianship or conservatorship, it is best to contact an attorney.
The Young
Lawyers Division, Services to the Elderly Committee of the Iowa
State Bar Association, has a videotape and handbook available
which discusses the role of a guardian and/or conservator. To
order this tape and booklet contact the Bar Association at 515-243-3179 or view booklet by clicking here.
Follow this
link to locate fact
sheets on guardianship and conservatorship.
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Lawyer
Referral
Q:
I need legal representation for a civil issue. Can you refer me
to a lawyer?
A: The
Iowa Bar Association offers a lawyer referral service. The service
can supply you the name or names of lawyers who are willing to
consult and advise you at a discounted rate of no more than $25
for the first 30 minutes. If further legal services on your behalf
are necessary, you may arrange for them at that time, if you wish.
The service is available on-line at the Iowa
Bar Association Lawyer Referral page.
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Grandparents'
Rights
Q:
Do grandparents in Iowa have visitation rights?
A: Ever since the Iowa Supreme Court struck down certain portions of the Iowa grandparent visitation statute in 2001 and 2003, Iowa grandparents have not been able to effectively use Iowa law to require uncooperative parents to let them visit their grandchildren. On July 1, 2007, a new law (Chapter 600C of the Iowa Code) went into effect, again providing Iowa grandparents with a legal means to seek visitation. To obtain visitation rights under this new law, a grandparent must clearly and convincingly prove:
1. A substantial relationship with the grandchild.
2. The custodial parent is unfit to make the visitation decision.
3. Visitation is in the best interests of the child.
For more information, contact the Iowa Legal Hotline for Older Iowans at 1-800-992-8161.
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