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THE CENTER FOR SOCIAL GERONTOLOGY
2307 Shelby Ave
Ann Arbor, MI 48103
Phone: 734.665.1126
Fax: 734.665.2071
Email: tcsg@tcsg.org
E.1. State Legal Services Development/Developers
Legal Services Developers’ Resource Manual
121 pages. (Dec. 1995, updated March 1997)
What are the roles and responsibilities of a Legal Services Developer? What resources are available to help Legal Services Developers? This Legal Services Developers’ Resource Manual developed by The Center for Social Gerontology, in conjunction with the National Association of Legal Services Developers, provides basic and concise information on the very comprehensive set of roles and responsibilities, which the Legal Services Developers cover in their jobs. The manual will provide new Legal Services Developers with a quick, yet wide-ranging, description of their job, the Aging Network, the legal services system, elder rights advocacy, and the various resources available to assist them in doing their job. For both new and more experienced Legal Services Developers, the manual provides easy access to background information on the historical development of the Legal Services Developer position and also on the development of Older Americans Act-funded legal services programs.
E.2. Guides to Legal Services Delivery Systems: Development, Planning & Evaluation
National Survey of Legal Assistance for the Elderly: Results & Implications
105 pages, including charts of all 50 states. (August 1998)
What was the impact of serious challenges confronting legal assistance for the elderly in the early 1990s (including questions raised about legal as a priority service in the Older Americans Act; significant reductions in Legal Services Corporation (LSC) funding; and restrictions placed on LSC providers limiting the scope of permissible services)? To assess the impact, TCSG undertook a study of the status of elder rights and legal assistance for the elderly by conducting a national mail survey of legal providers, area agencies on aging and state legal services developers. This report presents results and recommendations from that study.
Guidelines for Planning & Evaluation of Legal Assistance Programs Funded Under the Older Americans Act
160 pages. (May 1989, Chapter I updated 1994)
How to assess and plan improvements to Older Americans Act legal services program(s) to more effectively meet the needs of older persons in greatest social and economic need? These guidelines, although somewhat dated, remain an important tool for area agency staff (in conjunction with the state legal services developer and legal provider staff) to assess their legal program(s). They are intended to provide a basis for meaningful dialogue that will increase cooperative efforts to improve program operation and enhance the quality and impact of legal assistance on the lives and well being of older persons in greatest social and economic need. The guidelines are in two parts – one on planning and a second on evaluation – and an addendum on confidentiality issues in reporting and monitoring of legal services.
Click here for free download
Comprehensive Guide to Delivery of Legal Assistance to Older Persons
532 pages (Nov. 1988; Chapter I updated Aug. 2001; Chapter IV updated Dec. 1992)
Although somewhat dated, the Comprehensive Guide remains the only resource that attempts to address legal delivery systems for older persons in a comprehensive manner. It provide in-depth, thorough guidance on the many, complex issues surrounding the planning, design, implementation and assessment of legal programs and legal delivery systems at the state and local levels. Its chapters cover the following:
I. Legal Assistance Under the 2000 Amendments to the Older Americans Act: The Act, Regulations and Legislative History
II. Overview of Actors Involved in Developing and Delivering Legal Assistance
III. Common and Emerging Legal Problems of the Elderly
IV. Assessing Legal Needs of Older Persons
V. Targeting, Priority Setting, and Means Testing
VI. Overview of Models for Delivering Legal Assistance
VII. Tips on Developing Requests for Proposals and Proposals
VIII. Sample Provisions, with Annotations, for Contracts Between Area Agencies and Legal Providers
IX. Development and Operation of a Title IIIB Leal Assistance Program
X. Evaluating Legal Providers and Considerations in Devising Systems for Reporting
XI. Private Sector Fundraising for Legal Services Programs for the Elderly
Click here to purchase hard copy in a 3-ring binder for $55
E.3. Statewide Reporting Systems/Outcomes/Confidentiality
Report on the Findings of the National Survey of Statewide Reporting Practices for Older Americans Act Title III-B Legal Services
102 pages (July 2015)
What are states across the country doing on statewide reporting on Older Americans Act legal services? This recently released document reports on findings of the survey that The Center for Social Gerontology distributed in 2014 with support from The Borchard Foundation Center on Law and Aging. It examines the prevalence of statewide reporting systems for Title III-B legal services around the country, the process of developing and implementing reporting systems, the nature of data reported, the methods for collecting and reporting data, and the strengths and challenges of using a statewide reporting system to report on Title III-B legal services. It was undertaken as a first step in the creation of a Handbook on Developing and Implementing Uniform Statewide Reporting Systems for Older Americans Act Title III-B Legal Assistance (described below).
Handbook on Developing and Implementing Uniform Statewide Reporting Systems for Older Americans Act Title IIIB Legal Assistance
54 pages (August 2015)
How to develop and implement uniform statewide reporting on Older Americans Act legal services? This recently released Handbook, created with partial support of the Borchard Foundation Center on Law and Aging, is intended to assist states with the important task of developing and implementing uniform statewide reporting on Older Americans Act Title III-B legal assistance services. The guidance provided, especially in Part Two, Guidelines for Developing and Implementing Uniform Statewide Reporting on III-B Legal Assistance Services (Guidelines), is based on the knowledge gained from a national study on statewide III-B legal services reporting (examined in the Report), coupled with TCSG’s long history of assisting states with reporting systems. The Handbook is divided into three parts.
Part One presents current reporting requirements of the Older Americans Act and of the Administration on Aging/Administration for Community Living.
Part Two provides the actual Guidelines.
Part Three contains several Appendices to facilitate the process of developing and implementing statewide reporting
E.4. Statewide Standards/Guidelines/Best Practices on Delivery of Legal Services to Vulnerable Elders
Guide to the Development of Statewide Standards for the Delivery of Legal Assistance to Older Individuals
50 pages. (Jan. 1994)
What are the essential elements involved in providing high-quality, high-impact legal assistance to older persons in greatest need of assistance? How do you decide the major responsibilities and roles of the key actors and agencies involved in the legal advocacy system? Learn how to develop statewide standards for the delivery of legal assistance using this step-by-step guide. The guide outlines the process of developing statewide standards, based on the experiences of 18 states (as of 1994) which worked with The Center for Social Gerontology (TCSG) to develop standards. Although the Guide is slightly out of date, the process described represents TCSG’s current thinking on how best to approach this task, and reflects the learning from the many and varied experiences of the different states. The Guide has been reviewed by the Administration on Aging and the process was endorsed by former Assistant Secretary for Aging, Fernando Torres-Gil, as a good approach to developing effective standards that will be accepted and followed.
E.5. Targeting Limited Legal Resources to Those in Greatest Need and Setting Priority Legal Issues.
E.6. Assessing Legal Needs of Older persons and Assessing Capacity of Legal Delivery Systems to Meet the Most Critical Needs
E.7. Older Americans Act and Legal Services
E.8. Miscellaneous Legal Assistance and Elder Rights Advocacy
M.1. Adult Guardianship and Family Caregiver Mediation: Brochures, Manuals, and Videos
Brochures for “Considering Mediation” in Situations in Which Guardianship is Being Considered for Older Persons OR Persons Providing Care to Older Persons are Facing Difficult Decisions
The Center for Social Gerontology (TCSG) has for over several decades been pioneering the use of mediation in cases in which guardianship is being considered for older persons. TCSG broadened the use of mediation to include cases in which caregivers for older persons are facing difficult decisions with and for older persons, particularly when a number of family members are involved. TCSG prepared two brochures for use to assist families and professionals in understanding when and how mediation might be used. The brochures also provide useful information for persons interested in considering establishing similar programs in other locations.
These brochures provide information on the following: why try mediation; examples of the use of mediation; what is mediation and how does it work; what kinds of issues can be mediated; etc.
Caveats: Because TCSG bought the one-time-use rights to the photos in the brochures, you may not use them in your own materials. Also, if you wish to use the text of these brochures, you may contact TCSG’s Co-Director for permission. Contact TCSG Co-Director Penny Hommel at phommel@tcsg.org
For the brochure titled Considering Guardianship for Someone You Care About? Consider Mediation click here
For the brochure titled Caring for an Older Person and Facing Difficult Decisions? Consider Mediation click here
Adult Guardianship Mediation Manual
Approx. 484 pages. (Dec. 1996; Module One Revised Spring 2002)
This highly acclaimed and comprehensive manual is unique in the guardianship/ elder mediation field. It provides complete and detailed information on setting up and operating an adult guardianship mediation program as well as for training mediations. It provides information on:
1. How to set up and operate an adult guardianship mediation program, including discussion of guardianship law and process; mediation skills and techniques; roles of attorneys and guardians ad litem; balance of power and confidentiality issues.
2. A guide for mediators on how to handle guardianship mediation cases, including working with older persons and persons with disabilities; preparing for and conducting mediation; and concluding the mediation.
3. Additional resources complete with an annotated bibliography.
Click here to purchase hard copy in 3-ring binder
Adult Guardianship Mediation: An Introduction
30-minute video in VHS or DVD format. (Jan 1999)
An introduction to mediation and its application in adult guardianship cases, complete with a guardianship mediation demonstration with actors playing the roles of family members. Excellent for attorneys, social workers, aging service providers, caregivers and/or family members who are considering the use of mediation in a potential guardianship case.
Click here to purchase for $50
Adult Guardianship Mediation: A Judge’s Perspective
20-minute video in VHS or DVD format. (June 1997)
How can adult guardianship mediation cases be beneficial to courts and judges? A perfect video for judges, lawyers, mediators, and directors of programs for older persons who are considering developing adult guardianship mediation programs. This video featuring Washtenaw County, Michigan Probate Judge John Kirkendall, discusses the value of adult guardianship mediation to courts and judges. Judge Kirkendall, with The Center for Social Gerontology, implemented the first adult guardianship mediation program in the nation, and, as a result has a “hands-on” feel for how mediation can assist the courts in best meeting the needs of persons who are under consideration for guardianship.
Click here to purchase for $25
Family Caregiver Mediation Project Video
12-minute video in CD format (Mac and PC); DVD format; and VHS format. (June 2004)
How can caregiver/guardianship mediation benefit elders and family caregivers confronted with decisions about future care and assistance? This 12 minute video provides an excellent overview of the benefits of caregiver/guardianship mediation complete with role-play demonstrations of caregiver mediation in action.
Click here to purchase: CD for $17; DVD for $25; VHS for $20
M.2. Mediation to Avoid Court Imposition of Guardianship
Innovative Test of Alternative Dispute Resolution to Address Serious Concerns about Court Imposition of Guardianship Over Adults: Final Report
87 pages. (April 1993)
What is an alternative to going to court in adult guardianship cases? In this pioneering project, TCSG undertook – for the first time ever — to implement and assess the value of pre-trial mediation in adult guardianship cases. The goal was to maximize the autonomy of older and disabled persons, and avoid guardianship to the extent possible. Undertaken with funding from the National Institute for Dispute Resolution and in cooperation with the Washtenaw County Probate Court and The University of Michigan Turner Geriatric Clinic, the project demonstrated that mediation has a valuable role to play in finding alternatives to guardianship. The Final Report provides detailed discussion of findings and recommendations as well as an extensive appendix.
Evaluating Mediation as a Means of Resolving Adult Guardianship Cases
145 pages. (Oct. 2001)
Is mediation successful when used? This report describes an adult guardianship mediation study carried out in Ohio, Florida, Wisconsin, and Oklahoma by The Center for Social Gerontology. Guardianship programs at the four sites are examined, and a summary of results of a survey of participants in two counties are presented. Among the conclusions drawn from the study are that: mediation is successful when used; there is a limited scope of guardianship mediation programs; and that there are structural and organizational instabilities.
Click here to purchase for $25
M.3. Elder Mediation
Elder Mediation Annotated Resource Library
In 2008, The Center for Social Gerontology was pleased to release an annotated bibliography on elder mediation. The purpose of the bibliography is to provide a comprehensive listing and brief description of the universe of existing materials — books/manuals/reports, articles, and video/online information — on the development, provision, and evaluation of elder mediation. The bibliography includes all items (see caveat) we have been able to identify as being directly related and that hit the conjuncture of mediation and aging/disability/health care. It does not include items not directly related to elder mediation, e.g. items on guardianship, capacity, long-term care, or the field of mediation generally.
For free download of the latest copy of the Elder Mediation Annotated Resource Library, please click here.
C.1. Mediation to Avoid Court Imposition of Guardianship
Innovative Test of Alternative Dispute Resolution to Address Serious Concerns about Court Imposition of Guardianship Over Adults: Final Report
87 pages. (April 1993)
What is an alternative to going to court in adult guardianship cases? In this pioneering project, TCSG undertook – for the first time ever — to implement and assess the value of pre-trial mediation in adult guardianship cases. The goal was to maximize the autonomy of older and disabled persons, and avoid guardianship to the extent possible. Undertaken with funding from the National Institute for Dispute Resolution and in cooperation with the Washtenaw County Probate Court and The University of Michigan Turner Geriatric Clinic, the project demonstrated that mediation has a valuable role to play in finding alternatives to guardianship. The Final Report provides detailed discussion of findings and recommendations as well as an extensive appendix.
Evaluating Mediation as a Means of Resolving Adult Guardianship Cases
145 pages. (Oct. 2001)
Is mediation successful when used? This report describes an adult guardianship mediation study carried out in Ohio, Florida, Wisconsin, and Oklahoma by The Center for Social Gerontology. Guardianship programs at the four sites are examined, and a summary of results of a survey of participants in two counties are presented. Among the conclusions drawn from the study are that: mediation is successful when used; there is a limited scope of guardianship mediation programs; and that there are structural and organizational instabilities.
Click here to purchase for $25
C.2. National Study of Guardianship Systems
National Study of Guardianship Systems: Findings and Recommendations
162 pages. (Nov. 1994)
Concerned about: 1) the very extensive deprivation of personal and civil rights that occurs when an adult is placed under guardianship; 2) the apparent tendency of the courts to find a need for full guardianship particularly when the adult is elderly; and 3) the growing numbers of “guardianship service providers” (GSPs) (i.e. persons who make their living by providing guardianship services) and the adequacy of the services GSPs provide, TCSG proposed and received funding to undertake a landmark national study of guardianship systems. The purpose was to increase understanding of the strengths and weaknesses of the guardianship system and its participants, in order to guide development of sound policies and practices that foster rights to self-determination. Major recommendations include the need to: increase use of alternatives; educate judges, guardians ad litem (GALs) and Counsel for persons against whom guardianship petitions are filed; greater participation by those persons in the process; and use of adult guardianship mediation.
Click here for free download of part 1
Click here for free download of part 2
Click here for free download of part 3
Click here to purchase for $35
C.3. Guardianship and Alternatives Generally
Guardianship & Alternatives: A Guide to Personal, Health Care & Financial Management Options
230 pages. (Oct. 1995)
What are the options for an individual needing only minimal support and assistance, such as assistance with paying bills? Is guardianship the only option? Learn the types of legal tools available to encourage and foster the preservation of individual autonomy of older persons to the extent possible. Learn which options will help clients maintain maximum control over their lives while being aware of and planning for possible future limitations. This guide on guardianship and alternative legal interventions describes the types of legal tools available to provide personal and property management for older clients and the possibilities for advance planning by individuals, so that decisions will be made according to their directives if they later become incapacitated. This guide goes beyond a mere description of the tools available, to an examination of the benefits and dangers inherent in the use of each tool.
Click here to purchase hard copy in a 3-ring binder for $40
C.4 Guidelines for Guardianship Service Providers
Preliminary Guidelines for Development and Operation of Three Models: Public, Corporate and Volunteer
47 pages. (1987)
While prior to the mid-1980s, guardianship services were provided primarily by family and friends, TCSG noticed, that increasingly, they were being provided as a business or social/public service program to clients unrelated to, and without personal relationships, with the service provider. Thus TCSG undertook one of the first ever surveys to assess what was occurring in the proliferation of Guardian Service Providers (GSPs) in Michigan, and to create the first standards to promote high quality guardianship services. Based on the survey, we determined the project needed to develop guidelines for development and operation of three most common program models in Michigan – corporate, public, and volunteer. This document describes our earliest thinking on key elements of high quality guardianship service program – i.e. one which provides for the demonstrated needs of clients, while encouraging maximum self-reliance and autonomy. A major component of these early guidelines is that they counsel for the use of less restrictive alternatives by GSPs.
Click here for free download
Surrogate Decisionmaking for Adults: Model Standards to Ensure Quality Guardianship and Representative Payeeship Services
A congressional report authored and reprinted by TCSG. 116 pages. (Oct. 1989)
What are the standards for providers of guardianship services? The TCSG standards, originally developed for the State of Michigan, were later rewritten and adapted for national use, and issued as a Committee Print of the US House Select Committee on Aging, Subcommittee on Housing and Consumer Interests. These first ever standards for GSPs provide a comprehensive statement of roles and responsibilities of guardianship service providers.
Check out the following links to see our work with Smoke Free Environments:
Smoke-Free Environments Law Project
The Smoke-Free Environments Law Project (SFELP) is a statewide project which provides information, consultation and advice for businesses, local units of government, and individuals in Michigan on policies and practices to protect employees and the general public from the harmful effects of environmental tobacco smoke (ETS) and to address the legal requirements and liability issues related to ETS.
National Center for Tobacco-Free Older Persons
The National Center for Tobacco-Free Older Persons (NCTFOP), created by and an integral part of The Center for Social Gerontology (TCSG), is dedicated to redressing and mitigating the physical and emotional harm to older persons caused by the actions of the tobacco industry. The NCTFOP will serve as a national advocate for and source of information on tobacco and older persons issues, as well as a center for conducting research, education and training to increase public awareness of the effects of tobacco on older persons and to reduce smoking and exposure to secondhand smoke by older persons.
MI Smoke Free Apartment
For Tenants:
As a tenant in a rental property, you have the right to live free of a significant cause of illness in the home and a major cause of preventable death in the United States: secondhand smoke. With all the controversy surrounding this issue, you may find it difficult to understand what your non-smoking rights are. You will be redirected to a site that is separate from our work and you will find the information you need to live in a smoke-free environment.
For Landlords:
A smoke-free policy is NOT discriminatory.
As a landlord, you can play a role in eliminating a significant cause of illness in the home and a major cause of preventable death in the United States: secondhand smoke. There is so much false information available to landlords about smoke-free policies, that you may find it difficult to make an informed decision. On this site you find all of the information you will need to make your property smoke-free.
- Tobacco and the Elderly
- Tobacco Settlement Funds and Aging Programs