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Note: Most of the AIDS Law Manual
has been removed from the website, because much of the information
it contained is sorely out of date. If you have a specific legal
question, please call ALRP at (415) 291-5454.
The law and procedure in this book is oriented toward attorneys working with clients in California and, where relevant, the Bay Area. Non-local attorneys should review their county's requirements where necessary. Other organizations throughout the state also provide legal referrals for clients with HIV; these organizations are listed at the end of this Introduction.
While legal resources were accurate when this manual was written, laws may have changed since. Attorneys are advised to perform a final update before filing that crucial brief. Although this manual concerns matters of law, none of the information given is to be construed as legal advice.
HIV has changed markedly since is was first observed as "GRIDS" (Gay Related Immune Deficiency Syndrome) in the early 1980s. First, a lot more is known about it and what causes it. Second, it has become recognized as a disease of women and children as well as gay men. And third, due to medical advances, many people with HIV are living a lot longer.
Because of these changes, people with HIV come to ALRP seeking more than just wills. For example, despite the increase in knowledge of how HIV spreads, people with HIV continue to face fear of casual contact and the resulting loss of access to services, housing and education. Yet people who are discriminated against are ever more willing to fight back, and anti-discrimination laws now specifically include people with HIV.
Living longer, many people with HIV have sought public benefits and need our help when trying to maintain these benefits. ALRP has also seen an increase in the number of parents with HIV. These parents are facing the need to provide care for their children during incapacity or after death. New laws help them do so. New laws also help people with HIV acquire insurance, receive medical care and obtain access to insurance benefits.
These are just some of the changes we've seen since the beginning of the HIV crisis. You'll see other effects throughout this manual.
Although written for lawyers, this manual is not a legal treatise: We didn't have room to supply every nuance of information, and attorneys with emergency clients sitting in front of them won't have time to absorb it. Yet clients often present themselves with unfamiliar problems. As a result, this manual concentrates on illustrating how the client's problem fits into the picture, what other problems a client in a similar position might run into and what possible solutions exist, including local resources and forms.
No manual alone can answer every question, of course. If you have questions about a case you are handling, you can ask ALRP's Volunteer Coordinator for the number of one of our mentor attorneys. ALRP also provides frequent trainings on most of the manual's topics, led by attorneys active in the area. These trainings can expand your expertise into areas you haven't previously practiced. They also provide free MCLE credit. If you want to attend one at any time, call the Volunteer Coordinator.
The chapter on Testamentary Documents covers simple wills, powers of attorney and other documents helpful to those facing death and incapacity. In the chapter, we covered as many situations as possible that may arise. It is likely an ALRP volunteer attorney will refer to this chapter at one time or another, since almost one third of our clients call us seeking a referral to develop these documents.
One addition we hope attorneys will use when appropriate is
the Issue Spotting chapter following this Introduction.
It outlines many potential problems a client with HIV is likely
to face. Simply skimming it before an interview will alert lawyers
to other legal issues an ALRP client might face now or in the
future. Further referrals from ALRP may prevent those problems
from becoming threatening crises.