specialized training and sensitivity to the legal problems of the elderly. The Corporation should be given an opportunity to demonstrate its awareness of the special needs of the elderly and of other groups. To the extent possible, the Corporation and legal service programs should be given the flexibility to deal intelligently with the various problems and specific mandates should be avoided. The Corporation has earmarked funds for legal services to some groups (e.g., migrants, American Indians) and no insurmountable problems seem to have arisen. Yet, earmarking would reduce the Corporation's flexibility to respond intelligently to needs as they arise. For that reason, it is hoped that the Corporation will demonstrate its sensitivity to the special problems of the elderly and take the steps needed to remedy the present underservice to older persons, without the imposition of earmarking. Demonstration of such sensitivity would require some changes in present Corporation policy however. In addition to the problems already mentioned, the Corporation's present program for expansion will inevitably increase the problem of underservice of the elderly poor. The Corporation's announced priority at the present time is one of "geographical access. In essence, this means that before taking steps to increase the funding of existing programs, the Corporation will fund new programs in previously unserved, predominantly rural, areas. There are of course large numbers of elderly persons in rural areas and it is certainly desirable that legal services be available everywhere. Yet, this expansionist policy has ramifications for the elderly which may not be immediately apparent. In this statement we have emphasized that in order to serve the elderly properly, it is necessary to provide increased outreach, through community education and special provision for physical access. Equally great is the need for special efforts aimed at increasing the sensitivity of legal services staff to the needs of the elderly and for special training and support for elderly advocates. The Corporation's "geographical expansion" policy fails entirely to address these needs. By choosing to expand the number of programs, rather than increase the capabilities of existing programs to provide the special services needed by the elderly, the Corporation will be extending to new areas the basic elements which inevitably result in underservice to the elderly. Indeed, because of the greater distances involved in rural programs, underservice to the elderly may well be even more marked in the new rural programs. problem will be compounded by the likely inexperience, and lack of elderly law background, of the vast majority of the staff persons who will be hired in these new areas. The In If the Corporation were sufficiently concerned with the problems of the elderly, it could take steps to alleviate the problems which will otherwise arise from expansion. their testimony before the Commission, Corporation officials have recognized and emphasized the importance of support centers within the network for providing high quality legal services for the elderly. Mr. Joaquin Celaya of the Corporation's San Francisco regional office agreed that the elderly appeared to be underserved by local offices, but emphasized that back-up centers were important in service to the elderly because such centers can focus on the particular problems of the elderly, and can provide training and sensitization for field program staff. San Francisco Hearings, Transcript, pp. 480-82 (June 28, 1977). President Ehrlich also emphasized the importance to the elderly of the National Senior Citizens Law Center, the Center on Social Welfare Policy and Law, the National Health Law Program and other support centers. Ehrlich Statement, pp. 12-14. In the context of legal services to the elderly, a support center such as the National Senior Citizens Law Center can be an invaluable resource. Because the Center specializes in elderly matters, it has dealings with gerontologists, national aging organization and the Administration on Aging "aging network" as well as with legal services programs across the nation. Such a specialized center can quickly assist a local legal services attorney to locate other social agencies which may be helpful to clients; to be sensitive to the special needs of the elderly; to understand the substantive law involved; and to view the elderly citizen as a total person, responding to gerontological considerations and issues, rather than simply seeing isolated substantive law issues. Thus the decision to expand legal services into new areas, even at the cost of proliferating the number of greviously underfunded programs across the nation, would not necessarily bespeak insensitivity to the elderly if this expansion were coupled with an increase in support center funding calculated to assure that support centers will have the capability of responding to a greatly expanded number of field programs. Unfortunately however, while the Corporation is moving to increase greatly the number of field programs across the nation it is decreasing its proportionate commitment to support centers, reducing funding of support centers from 3.2% of the Corporation's fiscal year 1977 budget to 1.9% of the projected 1979 budget. This de-emphasis of support centers, coupled with proliferation of new field programs will inevitably result in the elderly receiving even a smaller portion of the legal services provided by Legal Services Corporation funding. Conclusion We greatly appreciate this opportunity to address the Commission concerning the disparity between the proportions of legal services provided for the elderly and those provided to other low income groups. |