What problems can Legal Services for the Elderly help me with?

The Helpline provides legal information, advice and brief services on many legal problems and questions that often come up for seniors. We advise seniors about consumer problems, like debt collection and home repair contracts, MaineCare, Medicare, long term care, housing, public benefits, advance health care directives, financial powers of attorney, and other civil (non-criminal) matters.

Here are some examples of the questions Helpline attorneys often answer.

Will I lose my home if I go to a nursing home?

What can I do if bill collectors are hassling me?

Can I change a contract that I’ve signed?

Someone has talked me into taking a loan out that I can’t pay back. What should I do?

Do I need a will?

My husband just died. What do I do?

I lost MaineCare. How can I get back on it?

Does Medicare cover long term care?

I got a letter from Social Security saying that they overpaid me. Do I have to pay it back?

I moved out of an apartment a month ago, and my landlord still hasn’t returned my security deposit. How can I get it back from him?

I had a financial power of attorney and living will drawn up in another state. Are they good in Maine?

If you have a legal problem that can’t be solved over the phone, a staff attorney in one of our area offices may be able to represent you. Staff attorneys represent seniors in more complex cases, such as

MaineCare denials

elder abuse and financial exploitation

predatory lending

discharges from long term care facilities (nursing homes)

guardianship/conservatorship defense

evictions

LSE does not handle criminal matters, divorces, or personal injury cases. Even if LSE can’t help you, we may be able to refer you to another legal resource, like Volunteer Lawyers Project or a private attorney at a reduced rate. Source: www.mainelse.org

Adult guardianship and conservatorship

Many Maine families, concerned about the well being of an adult family member or friend, have expressed a need for information about guardianship and conservatorship. Other individuals have questions about what it means to have a guardian or conservator appointed for them. This booklet provides readers with a general understanding of the adult guardianship and conservatorship process and answers some of the more commonly asked questions. This booklet addresses adult guardianship and conservatorship and does not address issues of guardianship or conservatorship for persons under 18 years of age.

Guardianship and conservatorship are intended to protect and provide continuing care for individuals who are unable to make or communicate responsible decisions for themselves. However, it is important to remember that obtaining guardianship or conservatorship is a very serious step to take because both significantly restrict a person’s individual rights and freedoms. They should be considered only after all other alternatives have been explored. The decision as to whether a guardian or conservator is necessary will be made by a Probate Court.

References to the Probate Code are included in parentheses throughout this booklet. These citations are to the Maine Revised Statutes Annotated, Title 18-A and indicate the section of the Code on which the answer is based. For example, the citation (5-101) refers to Title 18-A, Article V, Section 101 of the Probate Code. In most cases, these will be directly linked to the Maine Revised Statutes citation on the State’s website, where you can view and download the full text.

When is a guardianship or conservatorship necessary?

The purpose of a guardianship or conservatorship is to ensure that continuing care is provided for persons who are unable to take care of themselves or their property. An illness or disability alone is not sufficient reason for guardianship or conservatorship. A guardianship or conservatorship will be imposed only if the person is determined to be incapacitated and in need of a guardian or conservator.

What constitutes incapacity?

Under Maine law, an incapacitated person is “any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause except minority to the extent that he lacks sufficient understanding or capacity to make or communicate reasonable decisions concerning his person.” (5-101) The critical factor is that the person must be unable to make or communicate responsible decisions regarding his or her own person or property. Whether a person meets the legal definition of incapacity is determined by the Probate Court.

What is a guardian?

A guardian is an individual, organization or State agency appointed by the Probate Court to make decisions on behalf of a person that the Probate Court has found to be incapacitated. The person under guardianship is called a “ward.”

Unless the guardianship is limited by the Probate Court, the guardian has decision making authority for all aspects of a person’s life, except those specifically excluded by other laws, such as sterilization or involuntary commitment to State institutions. This complete guardianship may also be referred to as plenary, general or full guardianship.

What is a conservator?

A conservator is an individual, corporation or State agency appointed by the Probate Court to protect and manage the money and property of a person that the Probate Court has found to be incapacitated or otherwise unable to effectively manage his or her estate. The Probate Court must also determine that the person has property which will be wasted or dissipated unless proper management is provided or that management of funds is needed for the support, care and welfare of the person or others entitled to be supported by that person. The person under conservatorship is called a “protected person.” Source: maine.gov

Senior housing care types

Alzheimer’s care

Alzheimer’s care, also called memory or dementia care, is a specialized program that helps ease the daily lives of those with age-related memory loss. Staff complete vigorous training programs that teach them how to help keep senior residents suffering from dementia calm and help to reduce the frustration many with Alzheimer’s or dementia feel by creating familiar environments. 

Assisted living

Assisted living helps seniors who struggle with activities of daily living. Common care services include help with personal grooming and hygiene, help walking from one area to another, medication reminders, and eating. Staff only help when a resident needs help. Seniors spend the rest of their time enjoying group activities, field trips, or time alone. 

Continuing care retirement communities 

Continuing care retirement communities contain a number of helpful senior care programs under one roof. Seniors may start in independent living programs and add services as time goes on. This allows a senior who suddenly needs assisted living or memory care to receive the important care services without having to move to a new neighborhood. 

Home care

Some seniors do not want to move from their home. If this is the case, home care is the best solution. Home care involves having a trained caregiver come to the home on a specific schedule to help with activities of daily living, housework, laundry, meal preparation, or transportation for appointments and errands.

Nursing homes

Nursing homes are senior communities devoted to specialized geriatric care. These homes are for senior citizens with specific care needs that require licensed nurses, such as feeding tube care, colostomy bags, medication administration, and toileting. These communities always have nursing staff on site and a doctor is usually on call for urgent matters. 

Residential care homes

Residential care homes offer assisted living services in a smaller, low-key environment. With a residential care home, seniors share a small home. A caregiver lives on-site to help oversee daily activities and care services. Residents enjoy a family-style setting where close friendships form between residents and staff. In addition, dinners are enjoyed around one dining table at specific hours. 

Retirement communities

Retirement communities usually restrict all residents to be at least 55 years of age. Children are not allowed to live with you, though they can visit. These communities spare residents of tiresome chores like housekeeping, yard work, and home maintenance. Each resident enjoys a private apartment or cottage and the freedom to come and go. For more information click here.

Independent living

Independent living communities are very similar to retirement communities. Seniors living in these neighborhoods do not need help with activities of daily living, but they don’t want to maintain a home. Help with housekeeping, yard work, and home maintenance is provided. Seniors are welcome to come and go as they please and enjoy their own private apartment, cottage, or suite. Source: seniorhousing.botw.org