From the Chief Executive Officer We welcomed several new staff members this year: Kevin Quinn, Sarah Duval and Autumn Popovec. As a result, we have been able to expand into some critically emerging issues of practice: elder abuse and financial scams directed toward the elderly. If you read through our case summaries, you will see how important it is that we have been able to add this new service for the people of Western New York. One of our Core Values here at the office is that we “go the extra mile” for clients and that we “operate with respect”. An illustration of our principals was displayed this year at the annual holiday party, where staff members presented a video they made about their work here at LSED. It was incredibly creative; they changed the words of holiday songs to reflect different areas of our practice. They filmed mostly at night and spent hours writing lyrics- all on their own time. What was so emotional for me and the board members in attendance was the obvious enthusiasm they have for their work and the respect they have for their colleagues here at LSED. I feel that we have put together the best possible team at LSED and the comments that I regularly receive from our clients confirms this to me. I am proud to be associated with this amazing organization. Karen L. Nicolson, Esq Chief Executive Officer 1 The Mission of LSED It is the mission of Legal Services for the Elderly, Disabled or Disadvantaged of Western New York to improve the quality of life for elderly, disabled or disadvantaged persons in the Western New York area. We do so by providing free civil legal services, guardian and trustee services to economically and socially disadvantaged older adults, as well as to younger disabled and low income persons, as funding permits. Our primary goal is to use the legal system to assure that our clients may live independently and with dignity. Overview of Services LSED is a not-for-profit human service agency incorporated in 1978 to provide specialized, free civil legal services to elderly, disabled and low-income people in the community of Western New York. Our first and largest funding source is the Older Americans Act, which is passed through the counties. Currently we contract with the Departments of Senior Services in the following counties: Erie, Cattaraugus, Allegany, and the Seneca Nation of Indians. Since we cannot help every senior in those counties, we must set priorities. Priorities are set due to need and in consultation with the area Office of the Aging, but generally cover the areas of: health care, elder abuse, consumer, income maintenance, substituted decision-making and housing. Over the last few years, state funding has allowed us to open certain practice areas to the general low-income population, regardless of age. In addition, we have multiple state grants which allow us to provide services in particular practice areas (depending upon the grant) to the additional counties of Niagara, Chautauqua, Wyoming and Orleans, also regardless of age. In addition to our Civil Legal Services Department, we also have a Guardian and Trust Department. We can serve as Article 81 Guardian for elderly persons in Erie County and trustee for disabled persons of any age. As this Department is not supported by grants, individuals who desire our services must be go through an application process. Clients Served While the population of Erie County has decreased significantly (we lost 17.5% of our total population from 1970-2010), our aging population is increasing. Erie County is the 9th oldest population in the entire nation. By the year 2015, the Erie County 2 Department of Senior Services estimates that nearly 1 in 4 residents will be age sixty or older and that there will be a 73.8% increase in the number of seniors age 85 and older as compared to 1990. Moreover, the New York State Office for the Aging estimates that over the next 30 years, the over 60 population will increase by 47 percent.1 In addition, The City of Buffalo has become a safe haven for thousands of refugees and recent immigrants. New York State is the 4th largest recipient of refugees in the U.S. and a large percentage of these (32%) (more than 14,000 in the past 7 years) have settled in Erie County.2 This demographic shift is due to the fact that younger people are leaving Erie County to find better opportunities, while their aging parents and grandparents are left behind. Over the past thirty years the “population support ration,” (the number of younger Erie County residents as compared to older Erie County residents) has decreased from 4.6 to 3.5. The demand on local senior services programs is overwhelming, as agencies are trying to step in to perform the tasks that have historically been done by family members -bill paying, grocery shopping, transportation, and health care scheduling. In order to increase collaboration and identify gaps in elder abuse services, Erie County underwent an exhaustive strategic planning process in 2011-2012. While the county has many programs that seek to address the need, the need still far outpaces the available services. This year LSED handled a total of 2,295 cases (1,872 alone and an additional 423 mortgage foreclosure cases with our project Partner the Legal Aid Bureau of Buffalo). Based upon the information from our closed cases, it is possible to get a picture of our client population. The typical client in 2012 was more likely to be female (68 %) and disabled (59 %). Thirty-eight (38 %) of our clients identified themselves as belonging to a minority group. As our local population ages, our client base does as well -- 60 % of our clients were age 75 or older in 2012. Pursuant to the Older Americans Act, we target economically and socially disadvantaged individuals and 71% of our clients identify themselves as low-income. As required by the Older Americans Act, every client receives a survey at the close of his or her case. An impressive 94% of our clients are either very satisfied or satisfied by our services and staff. The following comments are typical: 1 New York State Office for the Aging. Erie County’s minority elderly population is projected to increase from 23,238 to 58,199 in the next thirty years. http://www.aging.ny.gov/ReportsAndData/CountyDataBooks/15Erie.pdf 2 2022-12 Community Needs Assessment, United Way of Buffalo & Erie County 3 “Words cannot express my appreciation for all you did for me. You worked very hard to convince the insurance people to reinstate me. I am also thankful the service was available for help.” “Keep helping the elderly who need your services.” “I was very happy with your program. They helped me get this long process over with quickly. Would refer your program to friends and family anytime.” Funding LSED receives revenue from about 30 separate sources, which includes government funding, private grants, attorneys’ fees and fundraising events. Our four main sources of funding are: 1) the federal Older Americans Act, 2) The Interest on Lawyers Account Fund (IOLA), 3) New York State Office of Court Administration Judiciary Civil Legal Services and 4) Court-ordered attorneys’ fees. In 2011, for the first time in the history of New York State, the Unified Court System included funding for civil legal services in their budget. This year statewide 25 million was allocated and our office received $214,200. Our office used these funds for general support but the new funding allowed us to start a new Veterans Support Project in 2011, reopen our eviction defense project and start a consumer protection project in 2012. In 2012, LSED received another grant from the Interest on Lawyers Account (IOLA) Fund. The IOLA fund was established to receive the interest earned by funds held in client accounts by attorneys. Although the interest on individual accounts is negligible, when pooled in an IOLA account, the income is sufficient to benefit needy persons. This source of revenue supplemented our governmental contracts, allowing us to serve many more clients than otherwise would have been possible. Each year we must ask the local community to support the work we do. We run both an annual golf tournament and a direct mail drive. In addition, we use staff and board members to handle all special events, so that all of the funds raised can go back into our program. As government funding has gotten scarce, we have had to ask more of our friends. We were fortunate to have the support of M & T Bank Foundation, JP Morgan Chase Foundation, The New York Bar Foundation and the Evans Devereux Fund this year. Without their support, we would be unable to accommodate the ever-increasing calls for help. 4 We would like to thank the following individual donors who supported us in 2012. We apologize if we neglected to include anyone. Please call Karen Nicolson at 853-3087 if you need to make any corrections. Abbott, Tills & Knapp, LLC Abbarno, McLaughlin & Kedzielawa Joseph Ables, Esq. Peter S. Aiello, Esq. Donald Alessi, Esq. David Alexander, Esq. Joan Alexander, Esq. Scott Allen – GAR Associates Amato, Fox Company Nicholas P. Amigone, Esq. Tom Anderson Sara L. Anthis, Esq. James Arnone, Esq. Diane Arnone Fred Astaire Dance Studio Dianne Avery, Esq. AXA Advisors John Bair – Milestone LLC Brian Baird, Esq. Sunil Bakshi, Esq. John Ballow, Esq. Hon. Tracy Bannister Batavia Legal Printing, Inc. Peter Battaglia, Esq. Bar Association of WNY Holly Baum, Esq. W. J. Becker, Metro Horohoe Leimbach Realtors Beechwood Continuing Care Charles Beinhauer, Esq. Belmont Housing Thomas Bender, Esq. Cindy Kaplan Bennes, Esq. Betsy Bergen, Esq. Joseph Bergen, Esq. William W. Berry, Esq. Nathan Berti, W.G. Katherine Bestine, Esq. David Beyer, Esq. Susan Beyer Edward Bickford – Bickford Paper Co., Inc. Gary Billingsley, Esq. Dennis Bischof, Esq. George Blair, Esq. Richard Blewett, Esq. Hon. Lisa Bloch-Rodwin Jill Bond, Esq. Diane Bosse, Esq. John Brady Chris Brechtel, Esq. Lauren E. Breen, Esq. Briarwood Manor Inc. John Brill, Esq. Michelle Brown, Esq. T. Alan Brown, Esq. Maria Brown Thomas Brydges, Esq. Buffalo Bandits Buffalo Law Journal Buffalo Urban League Dominic Candino, Esq. Kathleen Carmody, Esq. CCCS of Buffalo, Inc. Canterbury Woods Cappelli’s, Orchard Park, NY Alan Carrel, Esq. Jerome Carrel, Esq. Patricia Carrington, Esq. Hon. Kevin Carter Joe Cavan, Esq. Marilyn Cedrone Cellino & Barnes Philip Celniker, Esq. Certo Brothers Distributing Paul Cesana – Resource Center Chateau Buffalo Chiacchia & Fleming LLP Chiari & Ilecki LLP Elizabeth Ciambrone, Esq. Robert Ciesielski, Esq. Paula Ciprich, Esq. Sanford Clark, Esq. Clark & Whipple Lynn Clarke, Esq. Joyce Clarke Frederick Cohen, Esq. Maura Cohen Cohen & Lombardo, PC Michael Collins William B. Collins, Esq. Cornelius Collins, Esq. Collucci & Gallaher, P.C. Robert Conklin, Esq. Mary Anne Connell, Esq. Joseph Connelly, Esq. Betty Connolly Shawn Connolly Peter Costa, Esq. George Cownie, Esq. 5 Paul Crapsi, Esq. Crisis Services Treneeka Cusack,Esq. Victoria D’Angelo, Esq. DamonMorey LLP Denise J. Daniels Joel Daniels, Esq. Barbara Davies Mark Della Posta, Esq. Delta Sonic Ann Demopoulos, Esq. Dicerbo & Palumbo Dick’s Sporting Goods Sheila Dickinson, Esq. Daniel Dillon, Esq. Paul Dimoh, Esq. Ilio DiPaolo’s Restaurant Alan Donatelli, Esq. John W. Dorn, Esq. John Drexelius, Esq. Joshua Dubs, Esq. Sarah Duval, Esq. Thadeus Dziekonski, Jr.,Esq. Gayle L. Eagan, Esq. James Eagan Eaton Office Products John Edick Susan Egloff, Esq. Elder Care Solutions of WNY, LLC John Elliott, Esq. Patrick Emmerling, Esq. Catherine Emmerling Robert S. Esposito Randy Fahs, Esq. Frank Falzone, Esq. Family Choice of New York Thomas Farley, Esq. Wendy Fechter, Esq. Feldman Kieffer LLP Fera’s John Feroleto, Esq. Hon. Paula Feroleto Helen Ferraro-Zaffram, Esq. Robert J. Fluskey, Jr., Esq. Robert W. Frangooles, Esq. Howard Frank, Esq. Linda Frank Fleet Feet Brenda Freedman, Esq. Dr. Jack Freer Kenneth Friedman, Esq. Jeffrey Fuchs, Esq. Gary Gaffney, Esq. Thomas Gaffney, Esq. Sarah Galvan, Esq. Jeffrey Gangi GAR Associates William Gardner, Esq Henry Gartner, Esq. Joseph Gerace, Esq. Mary Gerace Arthur Giacalone, Esq. Kevin Gibbons, Esq. Gibson, McAskill & Crosby, LLP Gino & Joe’s Eric Glazer, Esq. Howard Gondree, Esq. Lillian Gondree Richard Gordon, Esq. Gerald Gorman, Esq. Garry Graber, Esq. Leslie Greenbaum, Esq. Alvin Greene, Esq. Richard Griffin, Esq. Jane Griffin Mara Gruber Mark Gruber, Esq. Senator Mark Grisanti Frederick Gugino, Esq. Gurney Becker & Bourne Jacqueline Gurney, Esq. Rita M. Hamilton Hamberger & Weiss Jeffrey Harrington, Esq. Hamp Funeral Home Harter Secrest & Emery LLP Donna Haslinger, Esq. Richard Haslinger Paul Hassett, Esq. Thomas E. Hayduk Nan Haynes, Esq. Richard Haynes, Esq. Robert Heary, Esq. Valerie Heary Heffernan & Sweet Franklin Heller, Esq. Barbara Heller Thomas Hewner, Esq. Sharon Hewner George Hezel, Esq. Sally Hezel, Esq. Andres Hilton, Esq. Hiscock & Barclay Marilyn Hochfield, Esq. Hodgson Russ LLP Mark Hoffman – Specialty CFO, LLC HoganWillig, PLLC Corey Hogan, Esq. Susan Hogan, Esq. Home Instead Senior Care 6 David Hoover, Esq. Barbara Hoover Timothy Hoover, Esq. John Horn, Esq. Thomas Hurley, Esq Hurwitz & Fine Thomas Hyde, Esq. Martha Hyde Regan Ihde, Esq. Imperial Pizza Independent Health Irish Classical Theatre Paul Isaac, J.D. Jaeckle Fleischmann & Mugel, LLP James L. Jarvis, Jr., Esq. Jensen Marks Langer & Vance LLC Michaelene Jeziorowski Timothy Johnson, Esq. Alice Joseffer, Esq. Todd Joseph, Esq. Gary Kanaley, Esq. Kathy Kanaley James Kane, Esq. Kristie Kantor, Esq. Tracey Kassman, Esq. Kavinoky Cook LLP E. Richard Kaye Thomas Keable, Esq. Kevin Kearney, Esq. Josh Keats Thomas Keefe, Esq. Tom Keefe, Jr. Kenney, Shelton, Liptak & Nowak David Kernan, Esq. Joan Kernan Hon. Mary Ann Killeen Thomas Kirkpatrick, Esq. Peter Klein, Esq. Karl Kristoff, Esq. Judith Kristoff Eleanor Kubiniec, Esq. Paul Kullman, Esq. John Lane, Esq. Robert J. Lane, Jr., Esq. Sarah Lane, Esq. Frederick Lang, Esq. Thomas Lang, Esq. Laping, Surdej Associates Toby Laping, PhD Courtland Lavallee, Esq. Lawley Service Insurance, LLC Legal Med Richard Lipsitz Lipsitz & Ponterio Richard Lipsitz, Esq. Sally Logan, Esq. Thomas Lokken, Esq. Bradley Loliger Lombardo Funeral Home Mary Ellen Loncto Sam Losi, Esq. The M & T Charitable Foundation Anna Mack, Esq. James L. Magavern, Esq. Magavern Magavern Grimm LLP Main Seneca Corportion Sam Maislin, Esq. Anthony Mancinelli, Esq. Giles Manias, Esq. Jeffrey Mannillo, Esq. H. Jeffrey Marcus, Esq. Edward Markarian, Esq. Hon. Frederick J. Marshall Karen Mathews, Esq. Brenda Mattar, Esq. Robert Marinelli, Esq. Karen McCafferty, Esq. Amanda F. McCormick Athena McCrory, Esq. Kathleen McDonough Lisa McDougall, Esq. Philip McIntyre, Esq. William McLaughlin, Esq. Kathleen McMahon-Stoll Medtronic Foundation Robert & Elizabeth Meiss Mentholatum Company Hon. Ann Mikoll James Milbrandt, Esq. Milestone, LLC Elizabeth Miranda, Esq. Ralph Miranda – Elder Care Solutions Francine Modica, Esq. Kathleen Molloy, Esq. Maryanna Moskal, Esq. John Mosychuk, Esq. National Fuel Gayle Murphy,Esq. David Murray, Esq. Thomas Nelson, Esq. Robert B. Nichols, Esq. Karen L. Nicolson, Esq. Edward Northwood, Esq. Hon. Henry Nowak Barbara Nuchereno, Esq. Bridget O’Connell, Esq. Hon. John O’Donnell Randall Odza, Esq. Rita Odza Francis Offerman, Esq. 7 Office Max Business Solutions Timothy O’Mara, Esq. Randolph Oppenheimer, Esq. Patrick O’Reilly, Esq. Vicki O’Reilly Paul Pearson, Esq. Michael Olear, MJ Peterson Victor Oliveri, Esq. Timothy O’Mara, Esq. Randolph Oppenheimer, Esq. Ronald and Marie Panzarello Gerald Paradise III, Esq. Paramount Settlement Planning, LLC Thomas Paras, Esq. James Parker, Esq. Rev. Dorothy Pearman Paul D. Pearson, Esq. Arc J. Petricca, Esq. People Inc. Mark Perla, Esq. Philip Perna, Esq. Tops Niagara Personius Melber LLP Arc J. Petricca, Esq. People Inc. Rodney Personius, Esq. Pfalzgraf Beinhauer & Menzies LLP Tom Phan/McGuire Group Phillips Lytle LLP Christen Archer Pierrot, Esq. Steven Piver Susan Piver, Esq. Judy Piwowar Ron Plesh Plesh Contract Packaging Aaron Polanski/McGuire Group Patricia Potts, Esq. Theodore Pyrak, Esq. Kevin Quinn, Esq. Rapid Ray’s Bonnie Redder Robert Reden, Esq. Jack Reich Shari Jo Reich, Esq. Paul Reid, Esq. Michael Reilly, Esq. Bruce Reinoso, Esq. The Resource Center Rich Products Bob Richardson George Riedel, Esq. Barbara Riedel Stephanie Robb Lori Roman, Esq. Amy Rosen-Brand Howard Rosenhoch, Esq. Valerie Rosenhoch Richard Rosso, Esq. Steven Rubinstein, Esq. Susan Rubinstein Rupp,Baase, Pfalzgraf, Cunningham & Coppolla Arthur Russ, Jr., Esq. Richard Russo, Esq. Michael Ryan, Esq. Joseph F. Saeli, Jr., Esq. Nancy Saia, Esq. Melinda Saran, Esq. Barbara Sauer, Esq. Bernard Schenkler, Esq. Geralyn Schiffler, Esq. James Schmit, Esq. Elizabeth Schmit David Schopp, Esq. Anthony Schug Keith Schulefand, Esq. James Schultz, Esq. Robert Scumaci, Esq. Joseph V. Sedita, Esq. E. Michael Semple, Esq. Michael Shannon, Esq. David Shapiro, Esq. James Shaw, Esq. Shaw & Shaw Nancy Sheehan, Esq. Jerry Sheehan, Synchronet Industries, Inc. Richard Sherwood, Esq. Daniel Shonn, Esq. Myron Siegel, Esq. Harvey Siegel, Esq. Robert Sillars, Esq. David Silverberg, Esq. Anita Smith Benjamin & Caitlin Smith Carrie Smith, Esq. Jamie M. Smith, Esq. Thomas Smith, Esq. Eugene Smolka, Esq. James Smyton, Esq. Patricia Smyton Edward Snyder, Esq. Arnold Soeder, Esq. Catherine Soeder Jeffrey Spencer, Esq. Mark Spitler, Esq. Madonna Spitler Ruth Spivack Joseph Stadler, Esq. David Starkey, Esq. Jennifer Stergion, Esq. Michele Sterlace-Accorsi, Esq. Richard Steinberg 8 Douglas Stiller, Esq. Roger Stone, Esq. David Sweet, Esq. Brenda Symans Margaret Talboys Teamsters Local Union #264 Susan Tobe, Esq. Liza Tomnaney Hon. Sharon Townsend Denise Tripi, Esq. Thomas Troy, Esq. Try-it Distributing Co., Inc. Lana Tupchik, Esq. Christopher Turher Wendy Tuttle, Esq. UB Law Alumni Association Carlton A. Ullrich Funeral Home Denis Uminski, Esq. Cynthia Vance, Esq. Phillip Vance Peter Vasilion, Esq. Judith Voit, Esq. Virgil Avenue Tobacconist Matthew Wagner, Esq. Paula Wagner Norman Walawender, Esq. Patrick Walh WBASNY – WNY Chapter John Walker – Family Choice Mark Walling, Esq. Walsh Duffield Companies Walsh, Roberts & Grace Thomas Ward, Esq. Webb’s Daniel Webster, Esq. Lester H. Wedekindt, Inc. Funeral Home John Weinholtz, Esq., Nixon Peabody Steven Weiss, Esq. Ellen Weiss, Esq. Robert Weissflash, Esq. Brian Welch PLLC West Herr Automotive Group Catherine T. Wettlaufer, Esq. Justin White, Esq. Tom & Carol Wiktorski Ann C. Williams, Esq. Furnette Williams Wayne Wishbaum, Esq. Melissa Woods Laurence Woodward, Esq. Jane Woodward Robert L. Zaffram Marilyn Zahm, Esq. Robert Zahm Joseph Zdarsky, Esq. Patricia Zdarsky Benjamin Zuffranieri, Esq. Volunteers LSED draws volunteer law students and attorneys, who provide invaluable additional services to our clients and the community at large. This year we continued our relationship with the SUNY at Buffalo School of Law to run a clinic program through our office. The students in this program earn class credit for working on LSED files. They are supervised, at no cost to the agency, by Professor Anthony Szczygiel. In 2012 we received 1,747 hours of free law student services and Professor Szczygiel donated another 975.50 hours of his own time. Community Involvement Our staff continues to be in demand as community leaders. All of our staff attorneys are members of both the New York State Bar Association and the Erie County Bar Association. Staff members are on multiple local committees including: Erie County Coalition on Hording, Erie County Elder Abuse Council and Coalition against Family Violence. This year, Helen-Ferraro-Zaffram received the Dr. Evan Calkins Meritorious Service Award from the Network in Aging. 9 In addition several of our staff has taken leadership roles in particular areas of our profession. Kathy Kanaley chairs the Erie County Elder Abuse Committee and is the President of the Kenmore Zonta Club, sits on the board of the Kenton Meals on Wheels, and sits on the Kenmore Mercy Ethics committee. Helen Ferraro-Zaffram is on the Board of the National Guardianship Association, sits on the Erie County Medical Center Ethics Committee and is the Erie County Bar Association’s liaison to the Medical–Legal Partnership. Karen Nicolson is currently on the New York State Bar Association Committee on Legal Aid and the Governor’s Advisory Committee on Aging. She is also on the LawHelp NY editorial board for senior issues. Dave Shapiro is the Chairman of The Bar Association of Erie County’s Lawyers Helping Lawyers Committee and the New York State Bar Association’s Lawyers Assistance Program Committee. Bill Berry sits on the Board of HOME (Housing Opportunities Made Equal) and the Massachusetts Institute of Technology’s Educational Council. Sarah Galvan is a founding member of HOUSE (Housing Organizations United to Serve Effectively) and NACA (National Association of Consumer Advocates). Our newest attorney, Sarah Duval, is the chair of the Council on Elder Abuse’s Elder Shelter Committee. Once again, our staff is in demand as experts in elder law and we presented at 42 separate trainings this year assisting approximately 1,340 individuals. In addition the Council on Elder Abuse, which we chair did an additional 35 SAFE (Safety Awareness for the Elderly) presentations to an additional 1,240 seniors. The Council also distributed 3,000 SAFE brochures with project partner Meals on Wheels. CONTRACTS/AREAS OF PRACTICE Erie County Our very first funder was the Erie County Department of Senior Services in 1975 when we were a part of the Legal Aid Bureau of Buffalo. In 1975 we had a single funder for a budget of $56,000. In 2012 we had approximately 30 separate funding sources and an operating budget of 1.5 million dollars. However, Erie County Senior Services continues to be a core funding source, providing us with $ 382,000 through several grants in 2012. Health care issues continue to be a major source of concern for our clients. According to the National Consumer Loan Center, one third of personal bankruptcies include significant medical debt. By appealing denials of Medicare, Medicaid and private health insurance, we keep our clients solvent and out of bankruptcy court. 10 We represented a 90-year-old gentleman whose wife had to apply for Medicaid. They had help from the caseworker who provided all pertinent paperwork for the application. While the husband could keep all their income if his wife was in a nursing home, he was told that he could not keep all her income if she was in community care. Although the wife was approved, Social Services counsel brought support proceeding against the spouse. We were able to prove to counsel that Mr. did not have excess income or resources and the case was dismissed by the Support Magistrate. Mrs. P. is a 69-year-old disabled client who has come to us several times over the years with denials from Medicaid medical transportation. She called us days before her latest denial, which would have resulted in her inability to see a host of different doctors. We requested a fair hearing and obtained aid continuing on her behalf, so that she would not lose her services during our appeal. DSS reinstated services without the need to go forward with the hearing. Mrs. W., 77-years-old, went to a chiropractor on the advice of her doctor and to avoid back surgery. The doctor never informed her that the visits would not be covered by Medicare. The client went for several months before she was told that she would be wholly responsible for the bills. Our client was unable to afford this bill on her limited retirement income. Medicare regulations require that the patient be informed about noncoverage before beginning treatment, so that they can decide if they can afford to go forward with the therapy. We appealed the Medicare decision and the client was held to be not responsible for the bill. Relatives= Rights Project Erie County chooses to use a portion of their Title III-E Older Americans Act funds to specifically provide legal services to relatives raising minor children. Erie County saw the need for these services early on and we have collaborated with them to provide legal services to 1,031 kinship families since inception of the project. In the most recent census, it is estimated that 12,662 grandparents live with their grandchildren in Erie County and, of those, 5,770 are primarily responsible for these 11 children (http://factfinder.census.gov). The goal of our program is to provide support to seniors caring for minor children. A secondary goal is to preserve intact families and keep children out of the foster care system. Through a contract with the Erie County Department of Senior Services with pass through funds from Title III-E of the Older Americans Act, we offer legal representation and advice to older caregivers in the areas of custody, guardianship, adoption and public benefits. Although the main focus of this project involves advocacy in Family Court to obtain custody of minor children, we pride ourselves on advocating for our clients in all areas that impact these Anew@ families. Grandfather and Grandmother lived way in the country and had a daughter with a lot of personal issues. One grandchild’s father is in prison because he beat her so badly as a baby that she nearly died. She was residing with her grandparents while two younger siblings were living with the mother at a homeless shelter in Buffalo Prisoner father got the idea that he should have immediate visitation with his daughter and sent a series of threatening letters to the grandparents. We provided legal representation at the trial level as well as defending Grandparents in the appeal later brought on by the father. At the same time, the grandparents became alarmed at mother’s living situation. An informal agreement was reached wherein the children would reside with the grandparents but grandpa had to make a thirty mile drive twice a day to keep the children in the Buffalo schools. We provided legal representation to award grandparents joint custody permitting them to enroll the grandchildren in their local school district and give the children needed stability. Elder Abuse Erie County has had a coordinated, multi-disciplinary approach to elder abuse since 1989 when our Council on Elder Abuse was a committee under the Coordinating Council to prevent family violence. In 2009, the council was reinvigorated due to the receipt of two grants from the U.S. Department of Justice Abuse in Later Life Program. Starting in 2012, we were fortunate to have received funding from the New York State Department of Criminal Justice Services (DCJS) to continue our critical work in this area, which allowed us to hire, for the first time, an attorney completely dedicated to elder abuse prevention. We met our targets on the federal grants by training 600 police officers and an 12 additional 200 judges, lawyers, victims’ services advocates, health care workers and other professionals. We also conducted an exhaustive needs survey to identify gaps in services. We interviewed (in-person) several victims, members of the Council on Elder Abuse Steering Committee and seven judges. In addition we had a focus group with representatives of most of the organizations in the system and an electronic survey which was sent to both the Erie County Coalition against Family Violence and the Council on Elder Abuse. We now have 80 members on the Council and our monthly meetings usually have between 20-30 participants. Our collaborative team includes -- local social services, senior services, health, financial planners, Crisis Services, The Family Justice Center and others. At meetings participants discuss cases and share multi-disciplinary approaches to those cases. Finally, the council serves as a clearinghouse for proposed legislative changes, both locally, statewide and nation-wide. Our client is a woman in her 80s, and faced discharge from a local nursing home due to inability to pay. She had previously resided in Florida, and was not eligible for Medicaid due to two large checks, for $190,000 and $129,000 that she wrote to her son. She had no recollection of writing out the checks. Through research in the public records in Florida, a review of her medical records from her time in Florida, and examination of the checks, we determined that she had been financially exploited by her son for at least $320,000. Our client had been diagnosed with early dementia and was bedridden and ill and wholly dependent on her abuser son for assistance. We contacted detectives in Florida and forwarded the results of our investigation. As a result, the son has been charged with financial exploitation of the elderly of $100,000 or more, a first degree felony in Florida. In addition, our client has remained in the nursing home and her mental, physical, and emotional health continues to improve. Funding from New York State DCJS has enabled us to design and implement a website (council on elderabuse.com), and print thousands of brochures and calendars. The Council on Elder Abuse, which we chair, did 35 SAFE (Safety Awareness for the Elderly) presentations to 1,240 seniors and distributed 3,000 SAFE brochures with project partner Meals on Wheels. In addition, we designed a magnet with the “red flags” of financial elder abuse. It was designed with input from bank tellers and is small enough to be placed on each teller’s computer workstations. 13 Cattaraugus County We continued our decades-long partnership with the Cattaraugus County Department of the Aging in 2012. Staff attorney, Bill Berry, made monthly visits to the county in order to visit clients, conduct intake, and appear in court. During the calendar year, Bill opened 46 new cases for the County. In addition, we provided additional services to County residents in the area of Medicare Prescription Drug coverage through a State Office for the Aging grant and services on consumer cases through the New York State Office of Court Administration’s Judiciary Civil Legal Services grant. These state funding streams allowed us to open an additional 47 new cases this year in Cattaraugus County over and above those funded by the County, doubling the efficiency of these local dollars. Judiciary Civil Legal Services Through the efforts of Chief Judge Jonathan Lippman, the New York State Unified Court System provided civil legal services agencies with dedicated funding for services in the four areas of law which support the “essentials of life.” This funding is vital to our program, particularly since allocations to the counties from the Older Americans Act, our largest single source of funding, have not increased in many years. These funds have enabled us to start a project to prevent consumer scams aimed at the elderly. We have had several dramatic successes this year. Mrs. E., a 72-year-old woman, was referred to our office because she was the victim of a telephone lottery scam. She was told by a persistent caller that if she supplied the “lottery” company with $1,500, she would receive cash and prizes. Mrs. E. took out an advance on a credit card and mailed money orders to an out-of state address. After mailing the funds, she realized that she had been scammed and came to our office for help. Through collaboration with the U.S. Postal Inspectors, we were able to arrange for the package to be intercepted and recalled before it was delivered to the scammer. Mrs. E. received her money orders back and we provided information to the police and postal inspectors to assist in the prosecution of the scammer. 14 Mrs. F., a 74-year-old woman, contacted our office because she was the victim of a debt resolution scam. The debt resolution company had been taking over $500 a month out of her bank account and had not sent any of the funds to her creditors. They had also arranged for her to sign a power of attorney form, making the company her agent in all matters. We assisted Mrs. F. with revocation of the power of attorney and arranged for the automatic withdraws from her account to stop. We continue to assist with recovery of her funds and have been in communication with the U.S. Attorney’s office regarding the debt resolution company’s business practices. Last year, with this funding, we also started a new project to help Veterans in Western New York. Working collaboratively with the City of Buffalo Drug Treatment Court, we provide free civil legal services to low-income Veterans of any age who appear in front of Judge Russell. We have a close relationship with the volunteer mentors (all former service members) and we are in the courtroom every Tuesday to take referrals from the mentors and the Court. By handling these civil matters for our returning veterans, we enable them to concentrate on their treatment and recovery. Housing The goal of our housing program is to help our clients avoid homelessness by defending them in evictions (private, public and facility), tax and mortgage foreclosures and predatory lending schemes. Due to the availability of state grants, our mortgage foreclosure program is now open to low income homeowners of any age. In addition, we handle evictions in the City of Buffalo for indigent persons over age 55 and elderly homeowners in the City of Buffalo faced with housing code violations. Many seniors are long-term city residents and, by helping them remain in the community, we also ensure the stability and character of local neighborhoods. Our elderly client was being evicted from a Buffalo Municipal Housing Authority apartment where he had lived for many years. Due to his mental health diagnosis, he had been engaging in what the management categorized as bizarre and threatening behavior. We were able to negotiate a settlement whereby our client had to remain incident free for six months and then the eviction would be dropped. He did and the eviction was dismissed. 15 Several years ago, we started a project to combat mortgage foreclosure and predatory lending in Erie County for homeowners of any age. Over the years, we expanded the project to include the additional counties of Niagara, Wyoming, and Orleans. The problems of vacancy and abandonment cause home values to decrease and result in increased crime and overall blight, particularly in neighborhoods in older sections of Buffalo and Niagara Falls. This project also helps reduce the burden on the courts by partnering with the court system, as New York’s foreclosure statute has placed additional requirements on our court system to hold mandatory settlement conferences in every mortgage foreclosure in New York. Our local project partners include the Legal Aid Bureau, The Western New York Law Center, Belmont Shelter Corporation and West Side Neighborhood Housing. Through our joint efforts we ensure that every homeowner who arrives in court in Erie, Orleans and Niagara Counties for a foreclosure settlement conference gets to speak to a lawyer. This project is made possible through funding by the New York State Attorney General’s Homeowner Protection Program. Mrs. J. is dealing with serious health problems in her old age, but when her house was damaged by water from broken pipes she had more than she could handle. The damage caused her to temporarily re-locate to a motel, and combined with other expenses, she missed mortgage payments and a foreclosure was filed against her. Meanwhile, the bank’s inspector found no one home and the bank sent contractors to change the locks and maintain the property. Through litigation, we obtained an injunction preventing the bank’s contractors from entering her house and an order that prevented the bank from charging her the costs of the property maintenance. The court also canceled six months of interest on the loan. Through negotiations we obtained a loan modification that reduced her interest rate, lowered her payment, and ended the foreclosure. Her house is now fixed and she is living there with an affordable mortgage. New York State Office for the Aging The majority of our funding from Erie County is passed through the New York State Office for the Aging Act, which consists of federal Older Americans Act dollars. However, we receive several small grants funded with state dollars through the New York State Office of the Aging. One of those grants is a subcontract with our state wide partner, the Empire Justice Center, to do Medicare Part D and health care advocacy for clients. 16 Our elderly client and her husband lived in the City of Lackawanna. She needed Medicaid to continue to live at home, but he needed his income to keep the household going. DSS wrongly told him that he could not keep his income and denied her Medicaid. We got DSS to overturn their erroneous decision without the need for a fair hearing. Without our intervention, he was faced with the choice of keeping her home with him, or putting her in an institution so that he could pay his bills. Niagara County Although Niagara County subcontracts with a private attorney to provide civil legal services with their Older Americans Act funding, we are able to leverage state funding to provide services to Niagara County residents in the areas of mortgage foreclosure, financial scams targeting the elderly and Medicare Part D appeals. Our foreclosure work in the county is supported by the Attorney General’s Homeowner Protection Program. Mr. and Mrs. W. spent their lives building a successful business until the recession took them under. After missing a few mortgage payments, they were in foreclosure. We represented them in settlement conferences, where the bank refused to consider them for a loan modification, even though we proved it was affordable. We filed a motion claiming the bank failed to negotiate in good faith. The judge granted our motion denying the bank the right to collect approximately $6,000 of fees, costs, and interest and also ordered them to review the mortgage for a modification consistent with industry standards. The foreclosure is now over and our clients remain in their home today with an affordable, modified mortgage. IOLA LSED is a charter member of the Interest on Lawyers Account Fund, a program dedicated to providing funds for civil legal services programs and programs for the improvement of the administration of justice. The IOLA funds are used to support our entire program; with particular emphasis on the poor minority communities we serve. IOLA funds have enabled us to steadily increase our services to the Latino and AfricanAmerican communities over the years. In 2012, 38% of our clients identified themselves as not Caucasian. In 1999, only 26% of our clients self-identified as non-white. 17 IOLA funding allows us to supplement the services we offer in the rural communities, where the need is high, but the county resources are very limited. Our 66-year-old disabled client with advanced Parkinson, dementia and tremors was hospitalized at a local hospital. His medical condition and psychiatric issues made him difficult to place in long-term care. The hospital told his elderly wife that she had only 2 choices. She could take him home, but he would receive only 2 hours of home care per day, or they were going to ship him out-of-state to Massachusetts. She had four days to make her decision. After we advocated strenuously on his behalf, they changed his medications (making him easier to care for) and he is now going to the VA nursing home in Batavia, closer to her rural home where she can visit him. Pooled Trust and Guardian Department Our Pooled Trust and Guardian Department is not supported by governmental funding and therefore, our ability to take cases is dependent upon the fees that we charge to the disabled individuals who utilize these services. In 2004 our office collaborated with People Inc. and Key Bank to start the first local Pooled Supplemental Needs Trust. Our supplemental needs trust allows family members to enhance the quality of life of their loved ones with disabilities, without causing a loss of the public benefits that the disabled person relies upon to survive. Beneficiaries pool their money together to take advantage of better investment opportunities. Trust money can be used to purchase such things as purchasing a wheelchair van, paying for a vacation, or obtaining additional medical care not covered by public benefits. In addition, low-income disabled persons on Medicaid can put their monthly “spend-down” (“excess income over $792) into the trust, rather than sending it over to the Department of Social Services each month. In this way, disabled persons can actually get out of poverty, and still retain their critically important health care benefits. The trust and the application packet are available for download on our website www.lsed.org. As a result of our work in Elder Abuse prevention, we are often asked by the court to serve as Article 81 Guardians for seniors who have been victimized. As Guardian we must fight to get assets returned, apply for all public benefits, advocate for the correct placement and medical decisions and strive to help our clients remain as independent as possible in the least restrictive setting. At any one time we have approximately 100 people 18 for whom we bear this responsibility, 35-40% of whom can give us little to no reimbursement for our services. This year, the court asked us to become Guardian for three sisters with dementia. It was determined by the court that they could no longer live independently. Although it was difficult, we were able to keep them together, as they had spent their entire lives sharing a home. They now share a big room, all together, and we were able to take over their finances and apply for necessary benefits. They have adjusted well to the skilled facility and do everything together. A gentleman was living out of his vehicle and could not remember much about the recent past when he was brought to the hospital. He required 24-hour care and as a result of dementia, it was determined that he could not live independently. The hospital brought a Petition and the Judge appointed us as guardian, but we had very little information to go on. Upon hospital admission, he did have a Major League baseball ring and slowly we uncovered his interesting past as a Major League scout. During the hospitalization, however, his ring was lost. On his own initiative, the appointing Judge contacted the professional organization and was able to get him a duplicate ring, which he cherishes. Conclusion Although Older Americans Act funding has remained virtually stagnant for the last two decades, we continued to expand our services this year due to funding from New York State and our own increased fundraising efforts. Funding from the Office of Court Administration, the New York State Attorney General’s Office, and the New York State Office for the Aging and IOLA has increased in importance, as our counties are struggling with tighter and tighter budgets. In addition, LSED works hard to locate new sources of funding to meet the ever demand need for our services. At LSED we understand that civil attorneys are critical to the administration of justice. As Chief Judge Jonathan Lippman said in his May 3, 2010 LawDay remarks: “In March 2013, we will reach the 50th anniversary of the Supreme Court's decision in Gideon v. Wainwright. By then, it is my fervent hope, first, that it will be an obvious truth to all that those litigants faced with losing the roof over their heads, suffering the breakup of their families, 19 or having their very livelihood threatened cannot meaningfully pursue their rights in the courts of New York without legal counsel -- and second, that it will be equally obvious that we together will have taken major steps forward in providing such representation to those who need it most, making equal justice for all not just an ideal, but truly a reality in our great State.” Staff Karen L. Nicolson, Esq. Chief Executive Officer William W. Berry, Esq., Supervising Attorney Helen Ferraro-Zaffram, Esq., Staff Attorney Sarah J. Duval, Esq., Staff Attorney Sarah R. Galvan, Esq., Staff Attorney Kevin Quinn, Esq. David A. Shapiro, Esq. Daniel F. Webster, Esq., Staff Attorney Anthony Szczygiel, Esq., Clinic Professor Susan C. Cryan, Staff Paralegal Thomas E. Hayduk, Staff Paralegal Cheryl Kostrewa, Staff Paralegal Brenda A. Symans, Staff Paralegal Furnette Williams, Staff Paralegal Melissa Woods, Staff Paralegal Bradley S. Loliger, BSW, Social Worker 20 Kathleen M. Kanaley, BSW, Social Worker Michaelene Jeziorowski, Office Manager Mary Abousaid, Guardianship Account Manager Robert S. Esposito, Administrative Assistant Mary Ellen Loncto, Secretary Judy Piwowar, Secretary Autumn Popovec, Receptionist Betty Connolly, Clerical 2012 Board of Directors Bruce D. Reinoso, Esq., President Robert Meiss, Vice President Randolph C. Oppenheimer, Vice President Michele Sterlace-Accorsi, Vice President Pat Walh, Vice President John C. Brady,III, Treasurer David J. Starkey, Esq., Secretary Directors Jill K. Bond, Esq. Treneeka Cusack, Esq. Garry M. Graber, Esq. Nan L. Haynes, Esq. 21 James P. Milbrand, Esq. Gayle T. Murphy, Esq. Timothy O=Mara, Esq.. Jamie Smith, Esq. Cynthia E. Vance, Esq. Honorary Board Members Elizabeth G. Clark, Esq. Gayle L. Eagan, Esq. Richard F. Griffin, Esq. Thomas F. Keefe, Esq. Giles P. Manias, Esq. Robert L. Marinelli, Esq. Hortense B. Nash Frederic Paul Norton, Esq. 22