Legal Assistance for Seniors provides free legal advice and information in a wide variety of legal areas to elders throughout all of Alameda County, including: Oakland, Hayward, Berkeley, Pleasanton, Fremont, Livermore, Castro Valley, Alameda, Dublin, Emeryville, Albany, San Lorenzo, Union City, Newark, and all other incorporated cities and unincorporated communities.
Our free services include representation in court and administrative hearings, referrals to other community resources, and community education and training on legal issues.
LAS provides services only directly to the elder with the issue. We do not give advice to family members.
If you are an elder with a legal problem, we welcome you to request an appointment with LAS by calling our office at (510) 832-3040. We unfortunately cannot accommodate walk-in requests, and cannot accept emailed requests for legal assistance.
Services
In California, courts can find “elder abuse” in many forms of mistreatment of a person aged 65 or older. Examples of elder abuse may include:
- Physical abuse, or threats of physical abuse
- Isolation or abduction
- Any treatment resulting in physical harm, pain, or mental suffering
- Deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering
- Financial abuse, including taking an elder’s personal or real property through fraud or undue influence
The legal definition of elder abuse is governed by both criminal law (Penal Code section 368) and civil law (Elder Abuse and Dependent Adult Civil Protection Act [EADACPA], Welfare and Institutions Code sections 15600 et seq.)
What Elder Abuse matters can LAS assist with?
The LAS Elder Abuse Team assists elders in civil elder abuse matters only. Our practice is limited to a particular remedy: elder abuse restraining orders for elders 65 and older.
Elder Abuse Restraining Orders
There are different types of restraining orders. LAS assists with seeking only Elder Abuse Restraining Orders (EAROs). This is a multi-step legal process and usually requires that the person seeking protection go to court.
If a court grants your EARO petition, the order might require that a person:
- not contact you
- stay away from you
- move out of a shared residence
- receive counseling or take anger management classes
- relinquish firearms
- and more
What Elder Abuse matters can LAS not assist with?
Our Elder Abuse Team is unable to assist with:
- Affirmative civil elder abuse cases requesting damage awards
- Petitions for EAROs by third parties on behalf of an abused elder
- Representation of the alleged abuser (respondent) in EARO matters
- Emergency Protective Orders (EPOs) initiated by law enforcement
- Criminal Protective Orders (CPOs) in criminal elder abuse matters
Elder abuse is a widespread problem that affects men, women, and families from all backgrounds.
The LAS guardianship team works with older adults who are raising children in their homes in Alameda County. Most of our clients are grandparents or other relatives of the children in their care, although non-relatives can also become guardians.
Many of the children in our cases have experienced abuse, neglect, or abandonment by their parents. Some caregivers decide to file petitions for probate guardianship in order to keep children safe, have legal authority to make decisions for them, and access public benefits and other supports for them.
Guardianship gives the guardian care, custody, and control of the minor. Parents’ rights to make decisions are suspended while the guardianship is in place. Guardianship can be terminated if the judge finds that it’s in the child’s best interests.
What Guardianship matters can LAS assist with?
The LAS Guardianship team can:
- provide information about guardianship
- assist with legal forms and other court requirements
- provide legal representation in probate guardianship cases
LAS can also provide information about alternatives to legal guardianship, including:
- Caregiver’s Authorization Affidavits
- Parental Authorization to Consent to Medical and Dental Care
- Referrals to organizations that provide therapy, support groups for caregivers, afterschool and summer programs for youth, and assistance with public benefits for minors
What Guardianship matters can LAS not assist with?
Our Guardianship Team is unable to assist with:
- matters where the minor is not living in the same home as the caregiver
- matters where there is a pending juvenile dependency case
- petitions for guardianship of the estate of a minor
Guardianship can provide caregivers with the legal authority they may need to provide a stable and healthy environment for minors in their care.
Many older Alameda County residents are dependent on their income from Social Security Retirement or other needs-based public benefits programs.
Our Public Benefits team works primarily with seniors to help them maintain their benefits and resolve issues that may arise when receiving these benefits. We focus on post-entitlement issues involving Supplemental Security Income (SSI), Social Security Retirement (SSR), and the Cash Assistance Program for Immigrants (CAPI).
What Public Benefits matters can LAS assist with?
Our Public Benefits team can:
- assist with appealing overpayments (when an agency determines that a beneficiary has received more benefits than they were entitled to and seeks repayment)
- help identify and address reasons why benefits may have been reduced or terminated
Our team offers both legal representation and procedural assistance. When we provide legal representation, we advocate on behalf of the client and require their active participation throughout the case.
When we provide procedural assistance, we do not formally represent the individual but can offer information about the appeals process, as well as relevant rules and regulations to help them navigate their situation.
What Public Benefits matters can LAS not assist with?
Our Public Benefits team is unable to assist with:
- initial applications for SSI, SSR, or CAPI
- matters involving Social Security Disability (SSDI)
- providing guidance related to the Social Security Disability (SSDI) program
A timely decision can make a critical difference in a senior’s ability to meet or maintain basic living necessities.
Alameda County is ethnically and culturally diverse. Many senior immigrants in Alameda County desire U.S. citizenship and would benefit from citizen status. An elderly person may face special challenges that prevent them from successfully navigating the immigration process.
What Naturalization matters can LAS assist with?
The LAS Naturalization team can provide the following assistance to seniors in Alameda County who are applying for citizenship:
- assistance reviewing and filing an application for citizenship
- assistance obtaining a waiver of the English language interview and/or civics test (in cases where the client is unable to meet the language requirement for medical reasons)
- collaboration with a client’s medical, psychiatric, or psychological providers in applying for a disability waiver
- assistance obtaining a fee waiver for those who qualify for financial assistance for filing fees
What Naturalization matters can LAS not assist with?
Our Naturalization team does not provide full scope naturalization assistance or representation.
We are also unable to assist with:
- family base petitions
- changes of status
- complex naturalization cases
Elders may face special challenges that prevent them from successfully navigating the immigration process.
What Conservatorship matters can LAS assist with?
The LAS Conservatorship team is court-appointed to represent proposed conservatees and conservatees in Alameda County probate conservatorship proceedings. LAS attorneys advocate for the rights and wishes of our conservatorship clients. Our conservatorship attorneys possess the requisite experience and fulfill continuing education requirements that qualify them to represent conservatees and proposed conservatees pursuant to the California Rules of Court.
What Conservatorship matters can LAS not assist with?
The only way in which LAS gets involved in conservatorship cases is through appointment by the court. LAS does not take any conservatorship cases from the general public.
Unfortunately, LAS cannot give any legal advice or recommendations regarding conservatorship to the general public, as it potentially creates a conflict of interest for LAS. If you have questions regarding probate conservatorship, please contact the court’s self-help services or a private probate attorney who can assist you in the process.
Our court-appointed attorneys advocate for the rights and wishes of our conservatorship clients.
The LAS Housing team is currently experiencing very high demand for housing-related assistance and may not have capacity to assist with every request.
If you are urgently seeking legal assistance regarding housing issues, tenant’s rights, or need assistance with finding housing, please call 211 for additional resources.
The LAS Consumer Team assists seniors with asserting their rights when faced with a dispute over money paid or owed for a product or service.
What Consumer Affairs can LAS assist with?
The LAS Consumer Team may be able to assist with:
- cases in Debt Collection Court
- completing Small Claims forms
- certain Breach of Contract cases, such as door-to-door sales, contractor problems, and deceptive and unfair sales practices
What Consumer Affairs can LAS not assist with?
LAS cannot assist with:
- filing lawsuits
- representing litigants in court
- insurance disputes
- bankruptcy matters
Our attorneys assists seniors with asserting their rights when faced with certain consumer disputes.
Our Health Law team focuses on issues related to public health benefits, including Medicare and Medi-Cal, particularly as they affect seniors. We aim to ensure that beneficiaries receive the coverage and services to which they are entitled under the law.
What Health Law matters can LAS assist with?
Our team offers both legal representation and procedural assistance. When we provide legal representation, we advocate on behalf of the client and require their active participation throughout the case.
When we provide procedural assistance, we do not formally represent the individual but can offer information about the appeals process, as well as relevant rules and regulations to help them navigate their situation.
LAS can:
- assist with appealing denials of Medicare-covered services
- assist with addressing incorrectly assessed Late Enrollment Penalties
- provide guidance on eliminating or reducing a Medi-Cal Share of Cost
Need assistance applying for Medicare or Medi-Cal? Please schedule an appointment with our Health Insurance Counseling and Advocacy Program (HICAP).
Our Health Law attorneys aim to ensure that senior beneficiaries receive the health coverage and services to which they are entitled.