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R E S O U R C E S
Section 9
LEGAL SERVICES
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There are a variety of legal
service organizations and individuals available to Idaho residents
with disabilities. The Directory of Idaho Legal Services provides
a summary of each organization to help you determine the appropriate
contact for your employers' particular legal needs.
Directory of Idaho Legal Services
The Directory is a compilation of information about legal resources for people in Idaho. The Idaho Volunteer Lawyers Program prepared the information for the Delivery of Legal Services Advisory Council, a joint standing committee of the Idaho State Bar and the Idaho Law Foundation.
Idaho Legal Resource Line
This is a statewide, toll-free telephone service that connects the caller with an attorney to answer questions about a legal matter. When using this service, have any court forms or other documents readily available. This service is available for brief consultations only. The attorney with whom you are connected is not a substitute for legal representation and cannot do research or follow-up work on your case. The LEGAL RESOURCE LINE is sponsored by the Idaho Law Foundation. You may contact the LEGAL RESOURCE LINE at: (877) 228-6601 (toll free).
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Guardianship Information
Each American citizen, when he or she reaches the age of 18, including each individual with a developmental disability, is legally an adult. As an adult, each person is legally responsible for making decisions on behalf of him/herself. However, if a person lacks the ability to give informed consent, parents or other interested people may want to consider applying for guardianship of the individual with the disability.
Guardianship is a court-ordered relationship between a competent
adult (the guardian) and an adult with a disability. After a court
appointment, the guardian becomes a substitute decision maker for
the person with the disability. In addition, the court gives the
guardian the authority to exercise specific rights on behalf of
the person with the disability and at the same time takes those
rights away from the person with the disability. Guardianship
is a very restrictive procedure and should only be used when necessary.
Below are articles on the issue of guardianship:
Idaho Health and Welfare Guardianship Information Community supports
for people with developmental disabilities
"Self-determination, autonomy and alternatives for guardianship" Stanley S. Herr
"Re-thinking Guardianship" Dohn Hoyle and Kathleen Harris
"Guardianship Reform" Kathleen Harris
"Can Guardianship and Self-Determination Co-Exist?" Stanely S.
Herr
"Guardianship and Self-Directed Supports" Roy Froemming
Comprehensive Advocacy (Co-Ad)
Comprehensive Advocacy, Inc. (Co-Ad) is a private non-profit legal services organization designated by the Governor as the Protection and Advocacy System for the State of Idaho. Founded in 1977, Co-Ad is the only legal rights organization in Idaho exclusively for people with disabilities. Co-Ad operates federally funded grant programs to protect the legal rights of persons with disabilities. The terms of these grants only allow us to serve individuals who fit into specific federal eligibility categories. Due to limited funding in each program, specific service priorities and objectives are established on an annual basis (see link below). Co-Ad actively invites public comment regarding program priorities or any other aspect of its services. The vast majority of Co-Ad's services are provided free of charge to our clients.
Addressing violations of the Americans with Disabilities Act
Addressing violations of other state and federal disability rights
laws
Investigating abuse or neglect and other violations of disability
related rights in facilities and community placements
Obtaining appropriate services from agencies and school districts
Negotiating with vocational rehabilitation agencies and independent living centers
Contesting
Medicaid denials
Submitting applications for Social Security
and other benefit programs
Addressing barriers
to employment for Social Security beneficiaries
Addressing barriers
to obtaining assistive technology
Contesting denials of community placements
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Intermountain Fair Housing Council
Idaho faces unique challenges in addressing protected class discrimination in housing and related activities. Chief among these is the need for consistent, ongoing and widespread education and outreach to ensure that all housing stakeholders (providers, advocates and consumers) understand their rights and responsibilities under the Fair Housing Act, the Americans with Disabilities Act (or ADA), Section 504, and related laws. Because of Idaho's rural and decentralized nature, those engaged in fair housing education and outreach must cooperate efficiently to help reduce unintentional violations and injury, whether in larger urban areas or hundreds of smaller rural communities.
Although violations still occur, Idaho has made great progress in addressing discrimination through a combination of education and enforcement tools. Over the past several years, thousands of housing providers have attended training in fair housing and lending, accessible design and construction, and reasonable accommodation modifications. Several organizations conduct active testing and enforcement to respond to complaints and to identify and address areas of noncompliance.
800-717-0695
Some of Idaho's
key partners in providing education and outreach include the following
organizations:
ADA
Task Force www.adataskforce.org
Association of Idaho Cities www.idahocities.org
Idaho Department of Commerce www.idoc.state.id.us
Intermountain Fair Housing Council (1-800-717-0695)
Idaho Housing and Finance Association www.ihfa.org
State Independent Living Center (SILC) www2.state.id.us/silc
U.S. Department of Housing and Urban Development
www.hud.gov/local/index.cfm?state=id
Idaho Legal Aid Services, Inc.
ILAS is a nonprofit Idaho corporation with offices throughout the state. Our mission is to seek equal justice for the underprivileged. Our purpose is to provide legal representation and community education to low income Idahoans. We represent thousands of Idahoans every year with many problem areas including domestic violence, housing, Social Security, Supplemental Security Income (SSI), Medicare, Medicaid, and food stamps. Our Indian Law Unit provides specialized services to Idaho's Native Americans and tribes. The Migrant Farmworker Law Unit provides legal services to Idaho's migrant population. Our organization strives to advocate for low income Idahoans. Following is a list of sample cases with which Idaho Legal Aid Services may be able to help you:
Divorce (only in cases involving domestic violence; pro se workshops for others)
Custody (only in cases involving domestic violence)
Protection
Orders
Landlord-Tenant
Public
Housing
Fair
Housing
Medicaid/Medicare
TAFI/County
Assistance
Food
Stamps
Indian
Law
Migrant
Farmworker issues
Social
Security/SSI
Mental
Health Issues
Nursing
Home Problems
Unemployment
Benefits
Some
Consumer Cases
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Idaho Volunteer Lawyers Program
If you are low income and need a lawyer for a civil matter, the IVLP may be able to help. Using a statewide network of volunteer attorneys, the IVLP provides free civil legal assistance through advice and consultation, brief legal services and representation in certain cases to persons living in poverty.
What Case-Types does the IVLP accept?
Custody and Visitation
Divorce (Limited--Contact your local crisis center if you are
the victim of domestic violence)
Enforcement or Modification of child custody court orders
Hardship Bankruptcy/Debt Defense
Guardianship of Adults or Children
Assistance for nonprofit corporations
Wills and Probate (Limited Assets)
University of Idaho Legal Aid Clinic
The overall purpose of the University of Idaho Legal Aid Clinic is to provide educational opportunities to University of Idaho Law Students through the provision of legal services to those who lack resources to hire an attorney. Services provided: Legal Advice, Representation and Mediation. Clients must meet income guidelines and residency requirements that vary with the type of case. Types of cases handled include:
General
Practice
Appellate Cases
Tribal
Immigration
Taxes
Small Business Legal Issues
Court Assistance Projects
The Court Assistance Office (CAO) is a one-stop clearinghouse to access legal services and other resources for those involved in family law cases and other civil (non-criminal) court matters. There are currently court assistance offices in twenty-three courthouses around Idaho. Some of the court assistance office resources, such as an attorney roster, court forms and instructions, can be accessed directly from this website. For other services and materials you may need to call or visit the Court Assistance Office nearest you. The links on the website will tell you where to find and how to contact the nearest court assistance office, what services and materials are available there, and how to view or download the roster of attorneys or the court forms and instructions.
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Adult Protection Services
The Adult Protection Program serves vulnerable adults (18 and older) who may be abused, neglected or exploited. It develops an action plan on substantiated cases to address the allegations and protection needs of the individual in a least restrictive setting. For information on this program, contact the Agency on Aging in your area (regardless of the victim's age). Contact information is listed on the above website.
Abuse: The non-accidental infliction of physical pain, injury or
mental injury. Exploitation: An action which may include, but is
not limited to, the misuse of a vulnerable adult's funds, property,
or other resources by another person for profit or advantage.
Neglect: The failure of a caretaker to provide food, clothing, shelter
or medical care reasonable necessary to sustain the life and health
of a vulnerable adult, or the failure of a vulnerable adult to provide
those services for him/herself.
Idaho Human Rights Commission
The Idaho Human Rights Commission implements policies embodied in the federal fair employment practice acts banning discrimination based on race, sex, color, religion, national origin, age (40 and over) and disability. The Commission also seeks to secure freedom from housing, public accommodation and education discrimination based on race, sex, color, religion, and national origin. In addition, in housing, the Commission works to ensure freedom from discrimination based on disability. The Commission also works to protect the personal dignity of residents by promoting the interests, rights and privileges of individuals within the State.
Age Discrimination
Disability discrimination
Discussion of Available Mediation
Employment Discrimination
Frequently Asked Questions
Pre-Employment Inquires
Pregnancy
Race, Color and National Origin Discrimination
Sexual Harassment on the Job
Discussion of Employee Rights under IRCA from the Idaho Commission on Human Rights
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Idaho Council on Domestic Violence & Victim Assistance
The legislature finds that domestic violence is an issue of growing concern. Research findings show that domestic violence constitutes a significant percentage of homicides, aggravated assaults, and assaults and batteries in the United States. Domestic Violence is a disruptive influence on personal and community life and is often interrelated with a number of other family problems and stresses. Refuge for victims of domestic violence is essential to provide protection to victims from further abuse and physical harm. Refuge provides temporary safety and resources to victims who may not have access to such things if they remain in abusive situations.
The Council serves as the advisory body for programs affecting victims of crime. We are a granting agency to programs state-wide for services to victims of crime. Funding sources include:
Federal Victims of Crime - Victim Assistance Grant (VOCA)
Idaho State Domestic Violence Account
Federal Family Violence & Prevention Grant
Idaho Batterer Treatment Grant
Living wills (advanced directives)
A living will is not a part of your Will. It is a separate document that lets your family members know what type of care you do or don't want to receive should you become terminally ill or permanently unconscious. It becomes effective only when you cannot express your wishes yourself. If your state recognizes a power of attorney for health care, have one executed to authorize someone to act in accordance with your present intentions. Discuss your wishes as reflected in your living will with family members, and be sure they have a signed copy. The end of your life is something you probably don't want to dwell on, but thinking about what will happen to your loved ones and your assets and personal possessions is important. Making sure you've done all you can to make their lives easier will give you peace of mind. And once your will is drafted, you won't have to think about it again unless something significant in your life changes.
Excerpted from (we do not endorse this company, but thought they had a good explanation of living wills):
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Trusts
A trust is a legally enforceable right in property (be it money, personal belongings, real estate, or any thing or right that is transferable) that is held in legal control of one person for the benefit of another person. A parent, for example, might hold a family home in trust for their child with full ownership of that home passing to the child, the beneficiary, at a specified time or, more often, upon the death of the parent, the trustee.
The idea of trusts dates back to the 16th Century when English landowners, seeking ways to lessen their burdens to creditors and feudal tenants, legally transferred title to some of their assets to designated third parties. The landowners maintained physical control of the assets while reducing the amount of wealth they could be claimed to have legal title to (and thereby reducing tax burdens and the amounts creditors could try to seize). The idea outlived feudal times is an excellent way of managing and regulating wealth, debt, and inheritances that continues to this day.
A trust provides for several legal protections for property. Besides providing safeguards for the beneficiaries (protecting the assets from being stolen or liquidated before they can be passed down), a trust can help put off, or in some cases avoid altogether, some tax burdens. Trusts can also provide a legal framework within which individuals can better control property and even make sure that specified social, charitable, or commercial goals for the property are met and maintained.
Excerpted from:
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Burial Plans
A burial fund is money set aside to pay for burial expenses. For example, this money can be in a bank account, other financial instrument, or a prepaid burial arrangement. Some states allow an individual to prepay their burial by contracting with a funeral home and paying in advance for their funeral. You should discuss this with your local Social Security office.
Contact any of the following for information on completing wills, advanced directives, trusts and burial plans:
Idaho State Bar Legal Referral Services
Court Assistance Project
Idaho Volunteer Lawyers Program
System Grievance Process, ADA
Privacy and Confidentiality Idaho Dept. of Health and Welfare
Health and Welfare is dedicated to protecting your confidential
information. To give you quality care and services, we must ask
for and keep records containing confidential information. We follow
all local, State and federal laws regarding information you share
with us. According to federal law, we are required to
Use and disclose confidential information as required by law;
Maintain the privacy of your information;
Give you a notice of our legal duties and privacy practices
for your information; and
Follow the terms of the notice that is in effect.
You have rights when it comes to what you tell Health and Welfare.
You can:
Review and copy your health information;
Ask us to make changes to your health information;
Ask us not to share your health information;
Have your health information delivered to you at a different mailing address; and
Ask for a report of who received your health information and what it said.
To get your information, you need to fill out a specific form. These are available in pdf format on the Health and Welfare website or you can pick them up at your local Department office. Forms must be returned to a local Department office.
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Directory of Idaho Legal Services