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5 <br />North Carolina Division of Aging <br />Legal Services - Policies and Procedures <br />Effective Date - July 1, 1992 <br />LEGAL SERVICES <br />income or resources as a condition for <br />providing legal services under Title III. A <br />legal service provider may, however, ask about <br />the person's financial circumstances as.a part <br />of the process of providing legal advice, <br />counseling and representation, or for the <br />purpose cf identifying additional resources <br />and benefits for which an older adult may be <br />eligible. <br />8. Cannot provide assistance in criminal matters. <br />9. No conflict of interest exists in the <br />representation of participants in public <br />benefit cases. <br />10. Ensure that none of the funds made available <br />under the Act may be used -to pay dues <br />exceeding $100 per recipient per annum to any <br />organization (other than a bar association), a <br />purpose or function of which is to engage in <br />activities prohibited under these regulations <br />unless such dues are not used to engage in <br />activities for which Older Americans Act funds <br />cannot be used directly. <br />D. Voluntary Contributions <br />In accordance with the requirements of the Older <br />Americans Act, agencies must provide all <br />individuals receiving Legal services administered <br />by the Division of Aging with the opportunity to <br />contribute to the cost of service. Agencies must <br />establish written policies and procedures governing <br />the collection of voluntary contributions (program <br />income). <br />VIII. Staffing Qualifications <br />A. Legal Services must be provided by a licensed <br />attorney. Staffing may include, but is not limited <br />to, a component involving advice or representation <br />by: <br />1. a paralegal under the supervision of an <br />attorney; <br />2. a third year law student under the supervision <br />of attorney; or <br />3. a non- lawver, under supervision of an attorney <br />in administrative public benefits problem. <br />CD <br />