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Bar News - April 22, 2005


Helping Seniors Spot Scams

By:

"I have always been interested in elder law. Even as an undergraduate I knew that's where I wanted to put my efforts," said Chiara Dolcino, Legal Education Coordinator of the LEARN program at The Centennial Senior Center in Concord.

Dolcino, a graduate of Franklin Pierce Law School, has been a member of the NH Bar since 1989. Instead of running a private practice, Dolcino concentrates on administering a legal education program as a staff member of the independent nonprofit center. "At a time of life when people should be able to relax and have fewer worries, there are often more legal pitfalls than ever."

The Centennial Center, which opened its doors in February 2004, may be the only senior center in the nation that actually has a lawyer on staff. In late 2003, Dolcino, who had done some educating of seniors when she was in private practice, approached Executive Director Lorraine Carter about starting a legal education program. "I felt that seniors needed a place to go to get help learning about the law at a modest cost. At The Centennial Senior Center seniors feel welcome and comfortable, and a legal education program is a great fit here." Dolcino is the founder and developer of the LEARN [Legal Education And Resources Nexus] program.

Dolcino had taken a maternity leave to have her fourth child and was looking for part-time work, something that would fit into her family life and allow her to work in her preferred field. Her sole focus is on legal education. She does not provide individual legal advice or accept clients. As Lorraine Carter says: "How fortunate we are in New Hampshire to have so many talented, dedicated and ethical attorneys. The LEARN program is a valuable adjunct to the excellent work that so many of them are doing in their practices...."

"In my own elder law practice, I had come to realize that what I enjoyed most was helping to explain the law. I love that I can dedicate my full attention to helping seniors understand the laws that impact their lives. It's important to have something like this because every time a law affecting seniors is changed or updated, there are unscrupulous people who will take advantage of it," said Dolcino. Often by mail, e-mail-or by large newspaper ads-seniors will be enticed to spend money for "important information" or to attend a seminar. For example, after New Hampshire adopted the Uniform Trust Code, newspaper ads announced free seminars about these changes, warning that with the new law, seniors risked losing control over their trust assets.

Unfortunately, seniors can come away from these seminars fearful and confused. They turn to friends, self-help manuals or other resources, including those promotions that arrive in the mail, for legal information. "Seniors on limited incomes will see an attorney about drafting a will, but hesitate to schedule an appointment if they just have questions." Dolcino continued. "Initially, we had to overcome the perception that the LEARN program was like some of the seminars they had seen advertised in the paper. But once folks attend a LEARN class, I think they understand that I'm here to help them understand the law, not to market my services, and they relax."

"It's my experience that many seniors are more trusting than the general population," said Dolcino, "Maybe it's just the difference in generations-maybe there won't be another generation like this one, but it just sticks in my craw that people who are so open should be taken advantage of."

Dolcino offers classes to keep seniors informed in many areas; April 6, just five days after the death of Terri Schiavo, she presented a seminar on Advance Directives. In a classroom at the Center, the sun slanting through the large windows illumined the concerned faces of a roomful of senior citizens. The Terri Schiavo case had made thinking about end-of-life provisions even more urgent than before. Dolcino answered questions after the seminar and helped some of the attendees fill out Living Wills or Health Care Powers of Attorney.

"Our choice of offerings is driven by what's being asked for by the senior community," said Dolcino. "We draw our instructors from qualified people from all walks of life-and from among volunteer attorneys." In fact, on the day of the Advance Directives' seminar, she had invited Lieutenant Bobby Silvestriadis of the Concord Fire Department to come in to talk about what happens when you dial 911 for a health emergency. He also discussed DNR orders (Do Not Resuscitate) and the importance of having such orders readily available. Otherwise, EMTs are required to keep trying to resuscitate even when there is no heartbeat or pulse.

To the disadvantage of senior citizens, scams exist and laws do change. Seniors need help recognizing scams and understanding changes in the law-often, they may not even know that there have been changes. But the classes of the LEARN program are "relaxed, fun and informative. No 'legalese,' no attempts to impress, scare or intimidate you!" Classes are open to both members of the senior center and the public. Seniors are invited to take classes or to come in and look at books and other written materials in the media/computer room. The program also promises help with understanding Medicare, wills, living wills, guardianship, living trusts and property taxes, and even offers fact sheets and worksheets to practice on.

Upcoming classes will discuss consumer law, revocable trusts and advance directives, and there are also opportunities to meet and discuss legal issues in the news.

An independent non-profit, funded in part by grants and modest dues and class fees, the Center itself is a beautiful 28,000 sq. ft. state-of-the-art facility. It provides a comfortable, pleasant place for seniors to spend leisure time. It is located at 37 Regional Drive in Concord and anyone over 50 may join. Membership rates vary.

To contact Dolcino, call (603) 228-6630 or email her at cdolcino@centennialseniorcenter.org.

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