What We Provide . . .

Client Services

Individuals affected by HIV disease, both those who are infected, as well as their loved ones, face a variety of problems requiring the assistance of legal professionals with experience in various areas of the law.These legal problems include:

1. Personal and Estate Planning - Review of the client's personal and financial situation. Recommendation of steps to safeguard assets and to ensure that the client's wishes regarding personal matters are carried out. Where appropriate, drafting and assisting the client in executing the following documents: Last Will and Testament, Living Will, Durable Medical Power of Attorney, Durable General Power of Attorney, and Burial Instructions.
2. Simple Succession Matters - Advising executors and beneficiaries on steps to effectuate a deceased client's Last Will and Testament, or otherwise receive the client's property.
3. Family Law - Assisting clients with decisions regarding placement and care of minor children upon the client's disability or death. Preparing/ notarizing documents for standby guardianship, tutorships, joint custody or adoption. Advising pregnant women concerning legal rights and options after the child's birth. Representing clients who need to reduce or get a waiver of child support obligations due to a drop in income caused by HIV status. Working with clients to uphold court-ordered custody and visitation plans
   when ex-spouses become non-compliant.
4. Discrimination - Representing clients who have experienced discrimination because they, or a family member, have been diagnosed with HIV. Assistance in discrimination cases is provided in areas such as employment, insurance and employee benefits, housing, custody, medical care and education.
5. Notarial Services - Preparing income affidavits so that clients may access health care and receive other AIDS related services. Notarizing viatical settlements of life insurance policies, and other notarial acts.
6. Debtor/Creditor Issues - Advising clients who are unable to pay existing debts. Reviewing the client's financial situation, informing clients of possible sources of financial assistance. Negotiating with creditors on client's behalf. Reviewing loan and credit documents. Preparing "creditor letters" to be sent by the client to inform creditors of the client's inability to pay. Providing information about federal and state collection laws and ways to stem harassment by creditors and collection agencies. Advice about bankruptcy options. Assisting clients to obtain discharges of student loans due to client's disability.
7. Public Benefits - Representing clients in Social Security proceedings before Administrative Law Judges for appeals of applications for Supplemental Security Income ("SSI") or Social Security Disability ("SSD"). Assisting clients with procuring benefits and medical care from the US Veterans Administration and the VA Hospital. Advising clients about benefits from the Louisiana Purchase Program (Food Stamps) and other public sources.
8. Privacy Issues - Counseling clients about maintaining the confidentiality of their HIV status. Informing clients of persons and/or organizations that may have access to medical, insurance or employment records. Contacting persons in possession of client information to prevent unauthorized disclosure. Assisting clients with grievance procedures for breaches of confidentiality, and with making complaints to appropriate authorities. Educating clients about possible criminal liability for intentional exposure to HIV/AIDS. Advising clients about the duty (or lack thereof) of medical providers, social workers, employers, insurance companies and others to maintain confidentiality, as well as consequences of breach of this duty.
9. Insurance - Health, life and disability insurance. Reviewing client's insurance policies to determine the level of coverage. Reviewing life insurance policies for impediments to a viatical settlement of the policy. Informing client of how long he/she is entitled to keep existing coverage and what steps, if any, need to be taken to extend coverage under existing legislation. (COBRA and HIPAA). Representing clients in administrative appeals with insurance companies.
10. Referrals - AIDSLaw makes referral to other legal service providers (non-profit and public interest firms, private practitioners) for other legal needs such as criminal law and fee-generating cases.

AIDSLaw staff and a statewide network of cooperating attorneys provide free legal services to clients who meet our eligibility requirements. In addition, to providing legal representation, advice, and information to clients, AIDSLaw also conducts regional clinics, implements the "Wills on Wheels" program for non-ambulatory clients in emergency situations, provides technical support for members of the Louisiana Legislature concerning HIV-related legislation, and monitors health care for HIV-affected inmates in Louisiana Department of Correction facilities.

Educational Services

As an important adjunct to providing legal services, staff and volunteer attorneys provide educational presentations addressing the legal needs of people with HIV disease, and offer individual training for attorneys, social workers, health care workers, and other AIDS service providers as well as for the general public.
In addition, AIDSLaw has submitted amicus curiae, or "friends of the court" briefs to provide information to the judiciary concerning HIV disease. And, we develop and distribute publications for laypersons on various HIV/AIDS-related legal issues. The publications include:

• Living with HIV Disease: A Legal Guide for Louisiana, an overview of legal issues

• Making Your Will, which discusses last wills and testaments and related planning documents

• Before You Tell..., a pre- and post-test guide stressing the confidential nature of HIV test results and the legal implications of disclosure

• Advanced Medical Directives, which discusses living wills and durable medical powers of attorney

• If You Have Children..., which discusses arrangements for the care and custody of minor children in the event of a parent's disability or death.

• HIV and Criminal Liability, which deal with intentional exposure to HIV
• Confidentiality vs. The Duty to Warn, HIV-Disclosure Guidelines for Social Workers