Assessing the Legal Assessing the Legal Needs of SeniorsNeeds of Seniors

Jilenne Gunther, M.S.W., J.D.Jilenne Gunther, M.S.W., J.D.Consulting Attorney, The Center for Social GerontologyConsulting Attorney, The Center for Social Gerontology Research Associate, Borchard Foundation Law & Aging Research Associate, Borchard Foundation Law & Aging

Legal Services Developer, State of UtahLegal Services Developer, State of Utah

Why Conduct a Legal Why Conduct a Legal Needs Assessment?Needs Assessment?

Legal services is a priority under the OAA.Legal services is a priority under the OAA. Despite this legal services are not well-Despite this legal services are not well-

funded.funded. Therefore, it becomes crucial to – Therefore, it becomes crucial to –

(1)(1) Plan and develop services that target the needs of Plan and develop services that target the needs of seniors so that financial resources are used as seniors so that financial resources are used as effectively as possible. effectively as possible.

(2)(2) To advocate for continuing and increased To advocate for continuing and increased funding. Show policymakers the need and value funding. Show policymakers the need and value of legal services.of legal services.

Principal InvestigatorsPrincipal Investigators

Jilenne Gunther, M.S.W., J.D.Jilenne Gunther, M.S.W., J.D.Borchard Foundation on Law & AgingBorchard Foundation on Law & Aging

Alan Ormsby, J.D.Alan Ormsby, J.D.Division of Aging and Adult ServicesDivision of Aging and Adult Services

Statistical ConsultantStatistical ConsultantNathan StephensNathan Stephens

Brigham Young UniversityBrigham Young University

How to Conduct a Credible Legal How to Conduct a Credible Legal Needs Assessment of SeniorsNeeds Assessment of Seniors

Getting StartedGetting Started

Gathering a SampleGathering a Sample

Selecting a MethodologySelecting a Methodology

Creating a SurveyCreating a Survey

Mailing the SurveyMailing the Survey

ResultsResults

BudgetingBudgeting

GETTING STARTEDGETTING STARTED1A. Get Stakeholders on Board1A. Get Stakeholders on Board

Getting Stakeholders involved: Getting Stakeholders involved: increases credibility of survey.increases credibility of survey. pulls resources (in-kind and financial resources).pulls resources (in-kind and financial resources). ensures results are implemented.ensures results are implemented.

Some stakeholders could be the Division of Some stakeholders could be the Division of

Aging, legal services providers, AAA’s, and local Bar Aging, legal services providers, AAA’s, and local Bar

associations.associations.

GETTING STARTEDGETTING STARTED1B. Utah’s Stakeholders1B. Utah’s Stakeholders

Utah collaborated with Utah collaborated with –– Division of AgingDivision of Aging – paid for envelopes, staff entered – paid for envelopes, staff entered

data.data. Borchard FoundationBorchard Foundation – paid for costs of copying – paid for costs of copying

survey.survey. AAA’sAAA’s – paid for postage costs. – paid for postage costs. Retired Senior Volunteer ProgramRetired Senior Volunteer Program – stuffed and – stuffed and

addressed mailings. addressed mailings. Brigham Young UniversityBrigham Young University – statistical consulting at – statistical consulting at

no charge.no charge. Senior CentersSenior Centers – organized focus groups. – organized focus groups.

GETTING STARTEDGETTING STARTED1B. Utah’s Stakeholders1B. Utah’s Stakeholders

Division of Aging Division of Aging –– better awareness of legal better awareness of legal needs, has given more importance to legal needs, has given more importance to legal services, plan to increase quality and quantity services, plan to increase quality and quantity of legal issues.of legal issues.

Division of Aging, BoardDivision of Aging, Board – more receptive to – more receptive to allocating funds for legal services that seniors allocating funds for legal services that seniors want based on results of the study.want based on results of the study.

Utah LegislatureUtah Legislature – a plan to ask for funds. – a plan to ask for funds. National AwarenessNational Awareness – –

GETTING STARTEDGETTING STARTED2A. Existing Legal Needs Surveys2A. Existing Legal Needs Surveys

Look at other legal needs surveys and reports.Look at other legal needs surveys and reports. Washington State Washington State Utah Utah

GETTING STARTEDGETTING STARTED2B. Utah’s Research 2B. Utah’s Research on Existing Surveyson Existing Surveys

National and state data on legal needs study of National and state data on legal needs study of the low-income population (Washington).the low-income population (Washington).

No specific data assessing seniors’ legal needs.No specific data assessing seniors’ legal needs. Little data specific to Utah to suggest the types Little data specific to Utah to suggest the types

of legal problems seniors face.of legal problems seniors face. Thus, Utah is serving a population based on Thus, Utah is serving a population based on

what they think seniors need rather than what what they think seniors need rather than what seniors actually need.seniors actually need.

GETTING STARTED GETTING STARTED 3A. Goals & Objectives3A. Goals & Objectives

What do you want from the survey?What do you want from the survey?1. Planning tool1. Planning tool2. Increase funding2. Increase funding

What information are you seeking?What information are you seeking?

Form clear, specific goals and objectives.Form clear, specific goals and objectives.

GETTING STARTED GETTING STARTED 3B. Utah’s Goals & Objectives3B. Utah’s Goals & Objectives

Goals Goals 1.1. To obtain a clear picture of the legal needs of Utah’s seniors.To obtain a clear picture of the legal needs of Utah’s seniors.2.2. To focus resources to provide legal services with the greatest To focus resources to provide legal services with the greatest

impact.impact.3.3. Use findings to obtain additional funding.Use findings to obtain additional funding.

PurposesPurposesTo assess:To assess:1.1. seniors’ legal needs.seniors’ legal needs.2.2. awareness of available legal services.awareness of available legal services.3.3. places seniors go for legal help.places seniors go for legal help.4.4. experiences with lawyers and perceptions of lawyers.experiences with lawyers and perceptions of lawyers.5.5. barriers they having with using a lawyer.barriers they having with using a lawyer.6.6. legal issues that concern them.legal issues that concern them.7.7. legal services that would benefit them the most.legal services that would benefit them the most.8.8. other. other.

GATHERING A SAMPLEGATHERING A SAMPLE4A & B. Focus Population4A & B. Focus Population

Who do you want to survey?Who do you want to survey? The general population of seniorsThe general population of seniors

UtahUtah A specific segment of seniors like the homebound, A specific segment of seniors like the homebound,

minority seniorsminority seniors StakeholdersStakeholders

Surveying more than one focus population is aSurveying more than one focus population is agreat way to compensate for a smaller sample.great way to compensate for a smaller sample.

GATHERING A SAMPLEGATHERING A SAMPLE5A. Finding a Sample5A. Finding a Sample

In obtaining a sample, you must first find a sampling frameIn obtaining a sample, you must first find a sampling frame A sampling frame is the most extensive list you can find of A sampling frame is the most extensive list you can find of

your focus group (those you want to survey)your focus group (those you want to survey) To find a sampling frameTo find a sampling frame

Existing sampleExisting sample Medicare Medicare DMVDMV Voter registrationVoter registration

GATHERING A SAMPLEGATHERING A SAMPLE5A. Finding a Sample5A. Finding a Sample

The most important part of the survey is The most important part of the survey is ensuring your sample is representativeensuring your sample is representative

Representative SampleRepresentative Sample Large enough, 500-1000 seniorsLarge enough, 500-1000 seniors Equal chance of being selectedEqual chance of being selected Free of BiasFree of Bias

GATHERING A SAMPLEGATHERING A SAMPLE5B. Utah’s Sample5B. Utah’s Sample

Sample from prior Division of Aging survey.Sample from prior Division of Aging survey. Seniors were drawn from an original random sample Seniors were drawn from an original random sample

of over 6,000 Utah seniors surveyed in 2001.of over 6,000 Utah seniors surveyed in 2001. Sampling frame originally from Medicare and DMV Sampling frame originally from Medicare and DMV

lists.lists. 989 Utahns ages 60 and older throughout the state.989 Utahns ages 60 and older throughout the state. 989 seniors from original study agreed to be part of 989 seniors from original study agreed to be part of

additional surveys.additional surveys. Survey is representative of Utah’s seniors.Survey is representative of Utah’s seniors.

SELECTING A METHOLOGYSELECTING A METHOLOGY6A. Getting the Survey to Seniors6A. Getting the Survey to Seniors

Weigh pros and cons of each method Weigh pros and cons of each method Mail SurveysMail Surveys

Excludes those with vision and literacy difficultiesExcludes those with vision and literacy difficulties Low response rate Low response rate

Phone SurveysPhone Surveys Must have a large amount of people to get target sample size due to Must have a large amount of people to get target sample size due to

hang-ups and refusals.hang-ups and refusals. Excludes those without a phone who often are the most vulnerable.Excludes those without a phone who often are the most vulnerable. CostlyCostly

In-PersonIn-Person Very costlyVery costly

SELECTING A METHOLOGYSELECTING A METHOLOGY6B. Utah’s Mailed Survey to Seniors6B. Utah’s Mailed Survey to Seniors

Utah chose a mailed survey because we needed Utah chose a mailed survey because we needed

to keep costs to a minimum, and Utah does not to keep costs to a minimum, and Utah does not

have a significant literacy problem. have a significant literacy problem.

CREATING THE SURVEYCREATING THE SURVEY7A. Drafting the Survey7A. Drafting the Survey

A good survey is necessary for a good response rateA good survey is necessary for a good response rate Clear and concise questionsClear and concise questions No legal jargonNo legal jargon One interpretationOne interpretation Length of the surveyLength of the survey Font sizeFont size Order of questionsOrder of questions Framing the question appropriately Framing the question appropriately Set time Set time

CREATING THE SURVEYCREATING THE SURVEY7B. Utah’s Survey7B. Utah’s Survey

FormatFormat 14 point font14 point font 2 columns or ¾ of page2 columns or ¾ of page 5 pages (double-sided)5 pages (double-sided) Order of questionsOrder of questionsLegal JargonLegal Jargon Don’t ask have you have Don’t ask have you have

had problems with had problems with predatory lending predatory lending

Rather ask about Rather ask about extremely high interest extremely high interest ratesrates

Two Different Two Different InterpretationsInterpretations Were you robbed in the Were you robbed in the

last 6 months? last 6 months? Font sizeFont size Order of questionsOrder of questionsQuestionsQuestions Framing the questions Framing the questions

appropriately appropriately Set timeSet time ConciseConcise

CREATING THE SURVEYCREATING THE SURVEY8A & B. Questions & Topics8A & B. Questions & Topics

Questions focused on Questions focused on several areas:several areas: Demographics Demographics Health InsuranceHealth Insurance Government BenefitsGovernment Benefits Housing Consumer IssuesHousing Consumer Issues Family ProblemsFamily Problems Abuse and Neglect IssuesAbuse and Neglect Issues Estate PlanningEstate Planning

Awareness of existing Awareness of existing legal serviceslegal services

Experience and Experience and perceptions of lawyers, perceptions of lawyers, including barriers from including barriers from contacting a lawyer.contacting a lawyer.

Wanted legal servicesWanted legal services Legal issues of most Legal issues of most

concernconcern

CREATING THE SURVEYCREATING THE SURVEY9A. Testing the Survey 9A. Testing the Survey

Have colleagues review survey and make changes Have colleagues review survey and make changes as necessaryas necessary

Conduct focus groups of seniorsConduct focus groups of seniors At least two focus groupsAt least two focus groups 10 seniors per group10 seniors per group Group should be diverse in terms of age, race, and Group should be diverse in terms of age, race, and

educational attainmenteducational attainment Create a survey taking environmentCreate a survey taking environment

No questionsNo questions

CREATING THE SURVEYCREATING THE SURVEY9B. Utah’s Survey Testing 9B. Utah’s Survey Testing

Utah had senior Utah had senior centers put together centers put together focus groups.focus groups.

Have one colleague Have one colleague lead group, the lead group, the other observe other observe seniors.seniors.

Questions to Ask:Questions to Ask: FontFont ConfusingConfusing Cover letter Cover letter Questions troublesomeQuestions troublesome InstructionsInstructions FormatFormat

MAILING THE SURVEYMAILING THE SURVEY10A & B. Sending the Survey 10A & B. Sending the Survey

Include postage paid return envelope with Include postage paid return envelope with survey and cover lettersurvey and cover letter

Find volunteer group to do mailingsFind volunteer group to do mailings Send a reminder postcardSend a reminder postcard

RESULTSRESULTS11A. Response Rate11A. Response Rate

Encourage participationEncourage participation Cover letter incentivesCover letter incentives Return postage envelopeReturn postage envelope Thank youThank you

RESULTSRESULTS11B. Utah’s Response Rate11B. Utah’s Response Rate

989 surveys sent989 surveys sent 152 bad addresses152 bad addresses 557 completed557 completed 67% completed67% completed

RESULTSRESULTS12A & B. Decide what 12A & B. Decide what

analysis you want? analysis you want? Enter data Enter data Total percentagesTotal percentages Utah – correlations, total percentages, Utah – correlations, total percentages,

breakdown by area, sex, age, areabreakdown by area, sex, age, area

Seniors Reporting Legal ConcernsSeniors Reporting Legal Concerns

Seniors Reporting Legal Concern 86%

Not Reporting 14%

Seniors Reporting Legal ConcernsSeniors Reporting Legal Concerns

Telemarketers 58%

Medicare Drug Card 53%

Estate Planning 28%

Health Insurance 27%

Salesperson Problems 25%

Gov't Benefits 18%

Contract 17%

Credit Card 16%Work on Home 13%

Neighbors 12%

Family 12%

Utility 10%

Abuse 9%

Predatory Lending 5%

Bill Collector 5%

Bankruptcy 4%

Difficulties with TelemarketingDifficulties with Telemarketing

Deceitful About What They Are Selling 16%

High Pressure Tactics 14%

Rude Telemarketers 17%

Keep Calling After You Ask Them Not To 44%

Other 9%

Difficulty with SalespersonsDifficulty with Salespersons

Trying to Sell You Items You Don't Want 58%

Over-Charging 10%

Aggressive Door-to-Door Salespersons 23%

Failing to Deliver Purchases 3%

Other 6%

Medicare Drug CardMedicare Drug Card

Questions 53%

No Questions 43%

Questions about Medicare Drug Cards

Estate PlanningEstate Planning

Planning Estate 14%

Other Estate Issues 6%Will 19%

Trust 13%

Property 6%

Power of Attorney 9%

Living Will 19%

Advance Plans 11%

Guardian 3%

Health InsuranceHealth Insurance

Health Insurance DifficultiesHealth Insurance Difficulties

Care Too Costly 38%Overbilling 6%

Lack of Covered Providers 9%

Your Insurance Didn't Cover It 31%

Other 16%

Recognizing Financial AbuseRecognizing Financial Abuse

Most Seniors Unaware of Legal Most Seniors Unaware of Legal Services Services

Aware of at Least One Legal Service Provider 44%

UnAware 56%

Awareness of Legal Service Awareness of Legal Service OrganizationsOrganizations

Adult Protective Services 21%

Bar Association Clinics 6%

Legal Aid Society 33%

Utah Legal Services 19%

Ombudsman 8%

Free Legal Clinics 13%

Helpfulness of Lawyers AdviceHelpfulness of Lawyers Advice

Very Helpful 73%

Somewhat Helpful 21%

Not Helpful 6%

Legal Issues that Concern Seniors Legal Issues that Concern Seniors the Mostthe Most

Estate Planning 44%

Gov't Benefits 43%

Advance Planning 40%

Health Insurance 30%

Where to Live 28%

Consumer Problems 25%

Abuse 5%

Family Matters 4%

Housing Issues 4%

Wanted Legal ServicesWanted Legal Services

Legal Hotline 69%Legal Guidebook 60%

Website 15%

Free Legal Seminars 19%

Free Will Clinic 33%

Free Consumer/Fraud Seminar 10%

Low-Cost/Free Attorneys 44%

ConclusionsConclusions

Seniors are having difficulty with Seniors are having difficulty with telemarketers, salespersons, and health telemarketers, salespersons, and health insurance.insurance.

Seniors want help with estate planning. Seniors want help with estate planning. Seniors want a hotline.Seniors want a hotline.

BUDGETINGBUDGETING13A & B. Associated Costs13A & B. Associated Costs

Sample selection = $0Sample selection = $0 Staff time = in-kindStaff time = in-kind Survey copies = $200Survey copies = $200 Postage = $370Postage = $370 Envelopes = $140Envelopes = $140 Data Entry = in-kindData Entry = in-kind Statistical consultant = $0Statistical consultant = $0

BUDGETINGBUDGETING14. A & B Ways to Save Costs14. A & B Ways to Save Costs

Collaborate and split costs with other Collaborate and split costs with other stakeholdersstakeholders

Find a statistical consultant at no costFind a statistical consultant at no cost Find existing staff or students to do data entryFind existing staff or students to do data entry Use previous survey instrumentUse previous survey instrument

MORE INFORMATIONMORE INFORMATION

Utah’s survey is on-line at www.tcsg.org.Utah’s survey is on-line at www.tcsg.org. Utah’s report is on-line at Utah’s report is on-line at www.tcsg.orgwww.tcsg.org and at and at

http://hsdaas.utah.gov/http://hsdaas.utah.gov/ For Utah’s cover letter email Jilenne Gunther at For Utah’s cover letter email Jilenne Gunther at

jgunther@utah.govjgunther@utah.gov Washington State - legal needs assessment of their Washington State - legal needs assessment of their

low-income population.low-income population. Technical assistance is available through TCSG for Technical assistance is available through TCSG for

states wanting to move forward with a legal needs states wanting to move forward with a legal needs assessment.assessment.