Utah Bar Journal

The study findings provide a clear picture of the legal needs of Utah's seniors, their perception of and experiences with attorneys, their awareness of current legal services, and the barriers to obtaining legal assistance.

Here are some of the key findings from that report:

* Eighty-six percent (86%) of UtahÕs seniors have experienced a legal difficulty within the last three years.

* Fifty percent (50%) of seniors have used an attorneyÕs services in the past ten years, and of these, seventy-three percent (73%) found the attorneyÕs service to be very helpful.

* Seniors who have used an attorney in the past are more likely to call an attorney they know for future legal needs (55%).

* The top legal issues seniors want help with are estate planning (44%), government benefits (43%), and advanced planning (40%).

II. How Elder Law is Changing
At present, about one in eight Americans is age 65 or older. However, because of the baby boom population, it is projected that by 2030 about one in five Americans will be age 65 or older. Utah will also experience explosive growth in its senior population. From 2000 to 2030, this population will increase by at least 155%, making Utah the sixth fastest-growing state for people age 65 and older.

This tremendous growth will impact Utah in many ways, including a greater demand for attorneys who practice elder law. It is also important for Utah's non-profit community to address the current needs of seniors and prepare for the upcoming changes. If these issues are not addressed, seniors may not only suffer legal difficulties but also financial, emotional and physical problems.

III. The Need for a Legal Assessment Survey
Utah's seniors need legal services, and many organizations do their best to provide those legal services. But what are the legal needs of Utah's seniors? How can Utah's practitioners provide more effective services, both in private practice and in the non-profit arena? What specific areas of practice and programs should be pursued to meet the legal needs of seniors?

There is very little state-specific data to answer these questions or suggest the types of legal problems that seniors face. No other state has ever specifically surveyed seniors' legal needs. Thus, the legal services provided by practitioners and non-profit agencies have been created based solely on interactions with past clients and stakeholders. Consequently, Utah's seniors are being served based on what attorneys think is needed, and services that seniors really need may be overlooked.

IV. Study Purposes and Design
The study assessed the following: (1) Utah's seniors' legal needs, (2) their awareness of available legal services, (3) their experiences with attorneys and perceptions of attorneys, (4) the barriers seniors have with using an attorney, (5) the legal issues that concern them, and (6) the legal services that would benefit them most.

This statewide, representative study involved the administration of self-completion mail questionnaires to 989 Utahns ages 60 and older. The questionnaire was drafted specifically to address seniors' legal needs. The response rate was a stunning sixty-seven percent (67%).

V. Legal Problems
The survey addressed several areas of need; such as; health insurance, government benefits, housing problems, consumer issues, family problems, abuse issues, and estate planning. Survey respondents experienced a wide range of legal needs in the past three years.

The figure below details the percentage of seniors who reported a particular legal problem. Seniors' top legal problems are (from most-reported to least-reported): telemarketer problems (58%) and Medicare Drug Card Program questions (53%). However, note that estate and advance planning (28%), health insurance problems (27%), and salesperson problems (25%) are also cited very frequently. Other legal problems seniors have faced are conditions in the home (18%), government benefits (17%), contract problems (16%), credit card problems (13%), and unsatisfactory work on their homes (12%). In addition, problems with neighbors (12%), family problems (12%), utility issues (10%), abuse problems (9%), predatory lending (5%), bill collectors (5%), and bankruptcy (4%) were indicated.2 See Figure 1.

VI. Awareness of Legal Organizations
Seniors were asked to indicate the legal services organizations they were aware of. Only 44% of seniors have heard of at least one legal services organization. This indicates a need for more advertisement of legal services available to seniors. A Bear River woman in her nineties said, "We need more articles concerning where legal services are available for folks who cannot afford them." Only 21% of seniors have heard of Adult Protective Services, 33% heard of Legal Aid Society, 19% heard of Utah Legal Services, 13% heard of free legal clinics, 8% heard of ombudsmen, and 6% heard of bar association legal clinics. See Figure 2.

VII. Experience and Perception of Attorneys

A. Experience with Attorneys
A large number of seniors, 50%, have used an attorney within the last 10 years. The majority (64%) of those who used an attorney were charged a normal fee, 15% received a reduced rate, and 17% received the attorney's services for free.

Most seniors (73%) who have used an attorney found the attorney's service to be very helpful, and 21% found somewhat it helpful, while 6% said the attorney's service was not at all helpful. See Figure 3.

One Salt Lake County man commented that attorneys need better communication skills. A Six-County man in his eighties said, "Our experience with the legal profession has been very negative. We've seen large fees and nothing but legalese in return."

Trusting attorneys appears to be a concern for some seniors as well. A Weber man in his seventies said, "I wonder who seniors can trust. Sometimes, seniors are 'taken' by the very people that are supposed to help them."

B. Future Legal Help
If seniors need help in the future, they are most likely to call an attorney they know, get a referral from a friend or family member, and/or call Utah Legal Services. Interestingly, a number of seniors (12%) stated they would contact their church for a referral. Several seniors commented that they turn to their church for help with all kinds of problems, including legal problems.

Those who have used an attorney before are significantly more likely to call an attorney they know if they have a problem in the future (55%). Sixty-one percent of those who said they received helpful advice from an attorney are more likely to call an attorney they know.

C. Barriers to Legal Services
Seniors were asked if they had ever thought of using an attorney but did not, and if so, why. The most common answers are that they never thought about hiring an attorney (25%), and that they think attorneys are too expensive (39%).

VIII. Legal Issues of Concern
Seniors were asked to name the top three legal issues that were of concern to them. The top issues are Estate Planning (44%), Government Benefits (43%), Advance Planning (40%), Health Insurance Problems (30%), Where to Live Issues (28%) and Consumer Problems (25%). Lower responses include Family Matters (4%), Housing Issues (4%), and Abuse (5%).

IX. Most Needed Services
Seniors were asked to name the three services that would be most helpful. The three most-requested services are a hotline (69%), a legal guidebook for seniors (60%), and free or low-cost attorneys (44%).

X. Key Recommendations and Conclusion
Utah's recent study provides a glimpse into the current state of seniors' legal needs. Utah's attorneys must now address and prepare for these needs. Here are some key recommendations to do just that:

1. More elder law attorneys are needed to assist seniors with their legal problems.

2. Seniors need attorneys who are trustworthy and affordable.

3. Senior legal services can be focused in the following ways:

a. Estate and Advance Planning - Attorneys are needed to help with a variety of estate planning needs, especially the creation of a will and living will.

b. Consumer law - More needs to be done to prevent abuses by unscrupulous telemarketers and salespersons.

c. Health Insurance - More attorneys are needed to advocate for seniors in health insurance disputes.

4. Utah needs to create two new services for seniors.

a. Hotline - Utah currently does not have a legal hotline for seniors. Seniors have overwhelmingly (69%) indicated that a legal hotline is the service they want most.

b. Guidebook - 60% of seniors requested a legal guidebook.

5. More resources are needed to satisfy the legal needs of Utah's seniors. Long-term, ongoing funding will be necessary for a successful hotline. And getting the word out to seniors about the availability of legal services will be of no use if there are no services available due to a lack of funding. Seniors have clearly indicated that legal services are a priority for their happiness and well-being.

1. This article contains excerpts from the Final Report found at www.tcsg.org

2. For specifics on each of the legal problems please see the full report at http://www.hsdaas.utah.gov.