STATE ELDER RIGHTS AND LEGAL ASSISTANCE DEVELOPMENT PROGRAM.

SEC. 704. STATE ELDER RIGHTS AND LEGAL ASSISTANCE DEVELOPMENT PROGRAM. Title VII of the Older Americans Act of 1965 (as added by section 701 and amended by the preceding sections) is amended by adding at the end the following: “CHAPTER 4— STATE ELDER RIGHTS AND LEGAL ASSISTANCE DEVELOPMENT PROGRAM “SEC. 731. STATE ELDER RIGHTS AND LEGAL ASSISTANCE DEVELOPMENT. “(a) Establishment.— “(1) In general.— In order to be eligible to receive an allotment under section 703 from funds appropriated under section 702(c), a State agency shall, in accordance with this section and in consultation with area agencies on aging, establish a program to provide leadership for improving the quality and quantity of legal and advocacy assistance as a means for ensuring a comprehensive elder rights system. “(2) Coordination and assistance.— In carrying out the program established under this chapter, the State agency shall coordinate, and provide assistance to, area agencies on aging and other entities in the State that assist older individuals in— “(A) understanding the rights of the older individuals; “(B) exercising choice; “(C) benefiting from services and opportunities authorized by law; “(D) maintaining the rights of the older individuals and, in particular, of the older individuals with reduced capacity; and “(E) solving disputes. “(b) Function.— In carrying out this chapter, the State agency Shall— “(1) establish a focal point for elder rights policy review, analysis, and advocacy at the State level, including such issues as guardianship, age discrimination, pension and health bene-106 STAT. 1286 fits, insurance, consumer protection, surrogate decision making, protective services, public benefits, and dispute resolution; “(2) provide an individual who shall be known as a State legal assistance developer, and other personnel, sufficient to ensure— “(A) State leadership in securing and maintaining legal rights of older individuals; “(B) State capacity for coordinating the provision of legal assistance; “(C) State capacity to provide technical assistance, training and other supportive functions to area agencies on aging, legal assistance providers, ombudsmen, and other persons as appropriate; and “(D) State capacity to promote financial management services for older individuals at risk of conservatorship; “(3) (A) develop, in conjunction with area agencies on aging and legal assistance providers, statewide standards for the delivery of legal assistance to older individuals; and “(B) provide technical assistance to area agencies on aging and legal assistance providers to enhance and monitor the quality and quantity of legal assistance to older individuals, including technical assistance in developing plans for targeting services to reach the older individuals with greatest economic need and older individuals with greatest social need, with particular attention to low-income minority individuals; “(4) provide consultation to, and ensure, the coordination of activities with the legal assistance provided under title III, services provided by the Legal Service Corporation, and services provided under chapters 2, 3, and 5, as well as other State or Federal programs administered at the State and local levels that address the legal assistance needs of older individuals; “(5) provide for the education and training of professionals, volunteers, and older individuals concerning elder rights, the requirements and benefits of specific laws, and methods for enhancing the coordination of services; “(6) promote, and provide as appropriate, education and training for individuals who are or might become guardians or representative payees of older individuals, including information on— “(A) the powers and duties of guardians or representative payees; and “(B) alternatives to guardianship; “(7) promote the development of, and provide technical assistance concerning, pro bono legal assistance programs, State and local bar committees on aging, legal hot lines, alternative dispute resolution, programs and curricula, related to the rights and benefits of older individuals, in law schools and other institutions of higher education, and other methods to expand access by older individuals to legal assistance and advocacy and vulnerable elder rights protection activities; “(8) provide for periodic assessments of the status of elder rights in the State, including analysis— “(A) of the unmet need for assistance in resolving legal problems and benefits-related problems, methods for expanding advocacy services, the status of substitute decision making systems and services (including systems and services regarding guardianship, representative106 STAT. 1287 payee ship, and advance directives), access to courts and the justice system, and the implementation of civil rights and age discrimination laws in the State; and “(B) of problems and unmet needs identified in programs established under title III and other programs; and “(9) for the purpose of identifying vulnerable elder rights protection activities provided by the entities under this chapter, and coordinating the activities with programs established under title III and chapters 2, 3, and 5, develop working agreements with— “(A) State entities, including the consumer protection agency, the court system, the attorney general, the State equal employment opportunity commission, and other State agencies; and “(B) Federal entities, including the Social Security Administration, Health Care Financing Administration, and the Department of Veterans’ Affairs, and other entities”.