Presented by

Dana B. PerryLeah McElmoyl

Sally Brewer

February 5, 2013

Ethics Among Social Workers and Attorneys

Staying in our Respective Corners

© 2013 Chambliss, Bahner & Stophel, P.C. All Rights Reserved

Chambliss, Bahner & Stophel, P.C.Liberty Tower l 605 Chestnut Street, Suite 1700 l Chattanooga, TN 37450

cbslawfirm.com

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• According to the U.S. Department of Labor's Bureau of Labor Statistics (BLS), social work is one of the fastest growing careers in the United States.1

• Between 2011 and 2030, the number of elderly in this country will nearly double from 40.4 million to 70.3 million.2 As a result, there is a growing need for specialized care and services to address aging-related issues.

1- Bureau of Labor Statistics. Occupational Outlook Handbook. http://www.bls.gov/ oco/ocos060.htm

2- U.S. Bureau of Census.

Statistics

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Definition

Ethics refers to the rules or principles by which we judge or define the rightness or wrongness of human conduct.

"To educate a person in mind but not morals is to educate a menace to society"

Theodore Roosevelt

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Differences Social Workers and Lawyers

• Social Workers:– Trained to fully understand the context of problems before

identifying plan or treatment

– Client(s) may be the entire family and other persons who have major roles in client's life

– Solve problems based on total circumstances, not just client's wishes

– Not licensed to advise as to legal matters

• Lawyers:– Traditionally trained in problem solving or problem prevention

– Individual clients

– Advocate for the express wishes of client, regardless of attorney's personal opinion of those wishes

– Licensed to advise as to legal matters

– Not licensed as social workers

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Primary MissionNASW Code of Ethics

• Enhance well-being and meet basic needs, with attention to empowerment to the vulnerable, oppressed and living-in-poverty.

• Core Values: Service; social justice; dignity and worth; importance of human relationships; integrity; competence.

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Ethical Responsibility to Clients

• Many ethical duties are similar among both lawyers and social workers

• NASW code of ethics rules to be covered:– Competence [Rule 1.04]– Privacy and Confidentiality [Rule 1.07]

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FACT SITUATION # 1A seasoned Case Manager, who goes to church with one of your patients, would like an update from you on that patient's prognosis. You actually know this professional from the monthly Case Manager meetings you attend.

What do you do as the Case Manager?

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Privacy and ConfidentialityNASW Ethics Rule 1.07

• Respect client's right to privacy• Social Worker may disclose confidential

information when appropriate with valid consent from a client

• Protect confidentiality of all information obtained in the course of service except for compelling professional reasons

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FACT SITUATION # 2One of your patients has just received notice that his son has filed a Petition for Conservatorship asking that the Judge appoint the son as Conservator over the patient and his property. The patient is behaving very erratically and seems very unstable. He vows to have his son killed and to send someone over to the Judge's house to "take care of him." The patient also tells you that he has lots of "old prison buddies" who would be happy to help him out.

What do you do as his Social Worker?

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• Disclosure may be necessary to prevent serious, foreseeable and imminent harm to client or other identifiable person– When is harm imminent?

• Imminent: likely to occur at any moment; impending1

• Laws may require disclosure without consent– Example: Social Worker is required by law to

report child abuse1 - imminent. (n.d.). Dictionary.com Unabridged. Retrieved February 01, 2013, from Dictionary.com website: http://dictionary.reference.com/browse/imminent

Privacy and ConfidentialityNASW Ethics Rule 1.07

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FACT SITUATION # 3

Your client needs nursing home placement but is worried about the State taking her home away. She says that a neighbor was in the same situation and they expeditiously deeded their home to the children prior to a Medicaid application. Your client wants to know what you advise.

What do you do as her Social Worker?

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CompetenceNASW Ethics Rule 1.04

• Social Workers should provide services and represent themselves as competent only within the boundaries of education, training and certification

• Be careful not to give advice in the legal realm that may appear as practicing law without a license

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The Practice of Law

• A non-lawyer generally cannot:– Provide legal advice– Select legal documents on behalf of another

person– Prepare legal documents– Interpret the law as it applies to another's

situation– Represent another person in any legal matter

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When to Contactan Attorney?

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Expertise of Elder Law Attorneys

• Estate Planning and Probate

• Estate and Gift Tax Planning

• Guardianship/Conservatorship

• Medicaid/Medicare

• Entitlement Programs

• Long-Term Care Financing

• Disability Planning

• Insurance

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Questions?

Dana B. Perry, CELAdperry@cbslawfirm.com

(423) 757-0228

Leah McElmoyl, Attorneylmcelmoyl@cbslawfirm.com

(423) 757-0294

Sally Brewer, Care Coordinatorsbrewer@cbslawfirm.com

(423) 321-0357

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Dana Perry focuses her practice on estate planning, elder law and special needs trust planning.

– Certified as an Elder Law Specialist (CELA) by the Tennessee Commission on Continuing Legal Education and Specialization

– Licensed to practice in Tennessee and Georgia

– Accredited Attorney, Department of Veterans Affairs

– Listed in The Best Lawyers in America for elder law and trusts and estates

– Martindale-Hubbell AV® Peer Review Rated

Dana received her BA from the University of the South (Sewanee), and her law degree from Vanderbilt University.

Dana Perry

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Leah McElmoyl is a member of the firm's business and estate planning groups.

– Senior Editor of the Alabama Law Review

– Licensed to practice in Tennessee and Alabama

– Member of the Chattanooga Tax Practitioners

Leah received her BS in Agricultural Business and Economics from Auburn University, and her law degree from The University of Alabama School of Law.

Leah McElmoyl

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Sally is the Care Coordinator for the Elder Law team of Chambliss, Bahner & Stophel, assisting with dementia consultation, placement and public benefits attainment.

– Qualified Dementia Care Specialist

– 20+ years experience in the Aging Industry

– Facilitator for the local Alzheimer's support group of Catoosa, Dade and Walker Counties

– Alzheimer's Advocate and Educator

– Member of the SETN Veterans Coalition and the TN Society of

Health Care Social Workers Sally received her BS from Missouri State University.

Sally Brewer

This presentation is provided with the understanding that the presenters are not rendering legal advice or services. Laws are constantly changing, and each federal law, state law, and regulation should be checked by legal counsel for the most current version. We make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information contained in this presentation. Do not act upon this information without seeking the advice of an attorney.

This outline is intended to be informational. It does not provide legal advice. Neither your attendance nor the presenters answering a specific audience member question creates an attorney-client relationship.

Disclaimer

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