In this episode of Caregiver Conversations, Kristie King and Antonia Harbin Lamb sit down with Toi Dennis, elder staff attorney from the Crime Victims Legal Assistance Program in Washtenaw County. Toi shares her expertise on elder abuse, financial exploitation, and the legal protections available for seniors and vulnerable adults. She introduces her groundbreaking initiative, Restorative Justice for Elders, which focuses on healing relationships through mediation and community-driven solutions. Toi also discusses alternatives to guardianship and emphasizes the importance of maintaining seniors’ autonomy. This insightful conversation is filled with practical advice for caregivers and advocates seeking to protect the rights and dignity of older adults.
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Introduction to Toi Dennis’ Work
Common Cases Toi Handles:
Restorative Justice for Elders Program:
The Restorative Justice Process:
Alternatives to Guardianship:
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Resources Mentioned:
Welcome back to Caregiver Conversations, where we explore the challenges and triumphs of caregiving with compassion and expertise. I'm Kristie King, Executive Director of the Southeast Michigan Senior Regional Collaborative, and I'm Antonia Harbin Lamb, a staff attorney with the Elder Law and Advocacy Center, a division of Neighborhood Legal Services, Michigan.
Today, we're excited to have a special guest who brings a wealth of knowledge to our discussion on elder abuse, guardianship alternatives, and restorative justice for elders. Hi, Toi Dennis. How are you?
Toi Dennis: Hello! Thanks for having me.
Kristie King: We are excited to have you with us today. A little bit about Toi Dennis—she is the Crime Victims Legal Assistance Program's elder staff attorney for Washtenaw County. Toi helps elderly and vulnerable adults who have been victims of crime, abuse, and exploitation. She has a rich background as an attorney and mediator, and today she’ll be sharing insights into the unique approaches she's using to address elder abuse cases.
Once again, welcome, Toi. We are excited to get started with you today.
Toi Dennis: Thank you!
Kristie King: So, Toi, let’s jump right into your role. You work for the Crime Victims Legal Assistance Program. Can you tell us a little more about that and how someone qualifies for that type of program?
Toi Dennis: Sure. I work under a grant from the Victims of Crime Act, which is granted by the Michigan Department of Health and Human Services. I work under the umbrella organization, Michigan Advocacy Program, which oversees several agencies, one of which is Legal Services of South Central Michigan. I am a staff attorney there.
Unlike Legal Services of South Central Michigan, which has an income requirement (you have to be at 150% to 200% below the federal poverty level), my grant doesn’t actually have an income requirement. However, we do prefer to help people who can’t afford their own attorney.
To qualify for my grant, you need to be a victim of some type of crime, abuse, or exploitation, and you have to be 60 or older or a vulnerable adult.
Kristie King: Okay. What types of cases are you typically encountering these days?
Toi Dennis: I see a lot of financial exploitation, some domestic violence, neglect, and housing issues. Financial exploitation can range from someone using your credit card or taking money from your bank account to more egregious cases like someone changing the name on your property and getting a mortgage on it.
Domestic violence cases usually involve physical abuse or denying access to certain things. In the housing realm, I often see elders unfairly threatened with eviction for issues like housekeeping, or if the apartment wants to renovate and expects them to pack up and move. Many elders have disabilities and aren’t able to manage these tasks, so we step in to defend against those threats.
Kristie King: That’s great information. I didn’t know you handled those types of matters in housing. We often refer clients to you for legal services, but it’s good to know about the housing aspect, especially for those being forced to move within their buildings.
Let’s talk about your new program—Restorative Justice for Elders. Can you tell us about that initiative and when it’s starting?
Toi Dennis: Absolutely. As an attorney, we’re often in the wheelhouse of litigation, where people are punished for wrongdoings. When it comes to seniors, though, the harm is often caused by someone close to them—a family member or friend—someone the elder trusts. Even when the elder has been harmed or exploited, they often don’t want to get that person in trouble. They don’t want to file a police report or sign affidavits. I got tired of seeing people leave my office knowing the abuse was continuing.
As part of my background, I have a master's in dispute resolution alongside my law degree. I prefer mediation over litigation because it allows people to come to their own agreements. You don’t always get that in court.
So, inspired by restorative justice principles from Native American traditions, we’ve been working on a restorative justice program for the last year, developing policies and procedures. If all goes well, we’ll be accepting referrals starting October 1st of this year.
Kristie King: Wow, that’s wonderful. How will referrals work?
Toi Dennis: We’re partnering with organizations that serve elders and vulnerable adults—people who are in daily contact with the elder and can identify when something’s wrong, such as Meals on Wheels or nursing homes. We also want to collaborate with services for substance abuse, gambling, housing, etc., to address any unmet needs.
We envision the process working like this: A referral is made through one of our partner agencies, and that agency will conduct an intake. Afterward, I’ll meet with the elder to ensure they understand their rights and that the process is voluntary. The Dispute Resolution Center will then organize a restorative practice circle, where both the elder and the person who caused harm can bring others for support. The circle can take as many sessions as needed to reach an agreement.
Kristie King: That sounds like a great approach—healing both parties and keeping the family unit intact.
Toi Dennis: Yes, that’s the goal. In many cases, even after losing money or being harmed, elders don’t want to sever relationships with loved ones. If we can heal both sides, we can preserve the relationship.
Kristie King: And with this program, is physical abuse part of what can be addressed, or is it just for financial exploitation?
Toi Dennis: Physical abuse is definitely part of what we aim to address. We’re also partnering with Adult Protective Services (APS) and the prosecutor’s office, as they often deal with cases where there’s abuse, but no willing witness to testify. In these cases, we hope to create an alternative way to resolve conflicts through the restorative justice process.
The mediation sessions will remain confidential unless new allegations of abuse arise. Even though I’m not a mandatory reporter as an attorney, there will be social workers involved who are. This way, if something else comes up during the process, the proper actions can be taken.
Kristie King: That’s a very interesting approach. Keep us posted as your program progresses. What other kinds of services or partners are you envisioning to be part of these restorative practice circles?
Toi Dennis: We’re hoping to involve agencies and services that cater to seniors and vulnerable adults—Meals on Wheels, nursing homes, and organizations that deal with substance abuse, gambling, housing, and mental health. We also want to include those who provide legal or financial services to the elder community.
When a referral comes in, it will be followed up with an intake process, ensuring both the elder and the person causing harm understand their rights and options. After the intake, the Dispute Resolution Center will manage the process and organize the circles. Each session will be tailored to meet the needs of both parties until a resolution is reached. Follow-up services will also be provided to ensure that agreements are followed.
Kristie King: It sounds like an incredible initiative, Toi. I’m excited to see how it unfolds.
Toi Dennis: Thank you, I’m excited too. It’s been a year in the making, and we’re hopeful that we can make a real difference in the lives of elders.
Kristie King: Switching gears a bit, you also work on educating communities about alternatives to guardianship. Can you explain what families should consider before pursuing guardianship?
Toi Dennis: Guardianship is one of my pet peeves, especially when it’s used unnecessarily. I often see elders in bad situations, not because they lack capacity, but because they need additional support. Guardianship should be a last resort. I always recommend that people first consider creating a durable power of attorney and a medical power of attorney to avoid the need for guardianship later on.
In one case, a deaf elder who only communicated via sign language was being pushed into guardianship because of poor living conditions, but the real issue was a lack of proper accommodation and communication. Once we got involved and provided interpreters and support, we were able to make the necessary changes to his living situation without stripping away his rights through guardianship.
Kristie King: That’s a powerful example. It’s so important to ensure that alternatives to guardianship are considered before taking such a drastic step.
Toi Dennis: Exactly. Guardianship can strip a person of almost all their rights, and it’s often very difficult to undo. Families should always explore less restrictive options first, such as a durable power of attorney, which can be limited to spring into action only in cases of incapacity, and naming specific doctors who are trusted to make those determinations.
Kristie King: You’ve given us so much valuable information today, Toi. Thank you for sharing your expertise and insights with us.
Toi Dennis: Thank you for having me. I really appreciate the opportunity to discuss these important topics.
Kristie King: For our listeners, if you want to learn more about Toi's work or the Restorative Justice for Elders program, you can reach her through the Crime Victims Legal Assistance Program website or email her directly at tdennis@lsscm.org.
Toi, thank you again for joining us.
Toi Dennis: My pleasure. Thanks for having me.
Kristie King: And to our audience, thank you for tuning in. Remember to follow us on social media to stay connected and engaged. Until next time, take care and keep caring.