Basic Legal Advisory Needs for Elders

Why Is Legal Advisory Services Needed for Elders?

When an elderly person is alone or in frail health and declining mental capacity, it is essential that adequate legal preparations are in place for different kinds of contingencies.

These legal preparations are necessary to make sure that the elderly person has provisions for protecting his or her rights, assets and even mental and physical well-being. In addition, knowing the legal recourse available helps elders or the families of elders take steps for estate planning, making wills and bequests, setting up trust funds, selling property, conforming to the tax laws and government Policies and Acts.

Knowledge about the laws of the country helps untangle problems. A simple example – almost any kind of application or online, official document processing in India, such as filing an income tax return or even applying for a new passport, makes it mandatory to produce the Aadhar Card. This is one of the essential documents required by any Indian citizen, young or old.

Enumerating Some Key Legal Services Needed for Elders

• Estate Planning and Wills:

  Lawyers help draft wills, trusts, and power of attorney documents to ensure assets are managed and distributed according to the senior’s wishes.

• Maintenance and Welfare Claims:

  Specialized legal advisory services for elders in India helps parents or senior citizens claim maintenance from children or heirs under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which is designed to be a fast, low-cost process.

• Protection Against Elder Abuse:

  Legal help is available to combat physical, emotional, or financial exploitation, including help filing complaints, obtaining restraining orders, and cancelling property transfers made under pressure.

• Property Rights and Disputes:

  Lawyers assist in protecting property from illegal occupation or fraudulent transfers.

• Guardianship and Conservatorship:

  Legal advisory services for elders in India are provided to establish guardianship for seniors who are no longer capable of making decisions about their own health or finances.

• Pension and Retirement Benefits:

  Assistance in resolving disputes regarding pensions, provident funds, and other retirement benefits.

• Healthcare Rights:

  Advice on long-term care options, nursing home agreements, and navigating medical insurance claims.

Resources for Free or Accessible Legal Aid in India:

• National Legal Services Authority (NALSA): Provides free legal aid and representation in court to senior citizens who meet income criteria, typically through state (SLSA) and district (DLSA) authorities.
• Elderline (14567): A toll-free national helpline that offers guidance on legal disputes, maintenance issues, and field intervention for abused or homeless seniors.
• HelpAge India: An NGO that operates mobile legal aid clinics and helplines, focusing on property, pension, and abuse cases.
• Tele-Law Programme: Connects seniors in remote areas with lawyers via video conferencing at Common Service Centres (CSCs).
• University Legal Aid Clinics: Many law schools (e.g., NLSIU Bangalore, Delhi University) operate clinics offering free legal advice and documentation assistance.
• Senior Citizen Help Desks: Special help desks at local police stations to address complaints and harassment.

Government Initiatives & Protections:

• Maintenance Tribunal: A specialized tribunal where senior citizens can claim monthly allowances from their children.
• Reverse Mortgage Scheme: Allows seniors to mortgage their home to receive regular payments for living expenses.
• Tax Exemptions: Higher income tax exemptions and medical insurance benefits (e.g., Section 80D) for senior citizens.

What is NALSA?

“The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes.

Hon’ble Mr. Justice Surya Kant, The Chief Justice of India is the Patron-in-Chief, NALSA.

Hon’ble Mr. Justice Vikram Nath, Judge of the Supreme Court of India is the Executive Chairman of NALSA.

NALSA is housed at Supreme Court of India, Tilak Marg, New Delhi – 110001. The NALSA Centre for Citizen Services is set up at Jaisalmer House | 26 Man Singh Road, New Delhi-110011. It is working during office hours on all working days.

In every State, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA and to give free legal services assistance to the people and conduct Lok Adalats in the State. The State Legal Services Authority is headed by Hon’ble the Chief Justice of the respective High Court who is the Patron-in-Chief of the State Legal Services Authority. The Senior-most Judge of the High Court is nominated as Executive Chairman, SLSA.

In every District, District Legal Services Authority has been constituted to implement Legal Services Programmes in the District. The District Legal Services Authority is situated in the District Courts Complex in every District and chaired by the District Judge of the respective District. A Judicial Officer of Civil Judge Cadre is appointed as Secretary on full time basis.”