18 Miss. Code. R. 26-2-E

Current through December 10, 2024

Section 18-26-2-E - Legal Counsel and Legal Assistance Developer

Legal Counsel

Ombudsman shall have access to adequate legal counsel. Legal counsel is provided by the Mississippi Attorney General's Office. The Mississippi Department of Human Services, pursuant to the Older Americans Act (OAA), shall ensure that:

1) Adequate legal counsel is available for the State Ombudsman Program and is able, without conflict of interest (according to state ethical standards governing the legal profession), to:

a) Provide advice and consultation services needed to protect the health, safety, and rights of residents; and

b) Assist the Office of the State Long-Term Care Facilities Ombudsman and district and local ombudsman in the performance of their official duties; and

2) Legal representation is provided to any representative of the State Long-Term Care Ombudsman Program against whom suit or other legal action is brought or threatened to be brought in connection with the performance of the official duties of the State Ombudsman Program. OAA Sec. 712(g).

Communication between the State Ombudsman and the Legal Counsel is subject to attorney-client privilege. A State Ombudsman or representative of the Office who is a licensed attorney is not by itself establish sufficient legal counsel.

Legal Assistance Developer

For the State Ombudsman to obtain advice and consultation, the State Ombudsman or designee may consult with the Legal Assistance Developer (LAD) for resident-related legal issues. For a Representative of the Office to obtain advice and consultation, he or she shall request assistance from the SLTCO who in turn will seek advice from the Legal Assistance Developer on any issues relating to long-term care facility residents.

The Legal Assistance Developer shall provide state leadership in coordinating legal assistance programs for 60 years and older or disabled individuals throughout the state. The LAD should provide technical assistance, training and other supportive functions to AAAs, legal assistance providers, ombudsmen and other persons as appropriate. They should promote financial management services for older individuals at risk for conservatorship and assist older individuals in understanding their rights, exercising choices and maintaining the rights of older individuals at risk of guardianship. Another function of the LAD is to oversee the state's capacity to improve the quality and quantity of legal services provided to older individuals.

18 Miss. Code. R. 26-2-E

Adopted 4/12/2019