Section 400.589 - Agency designated as area agency on aging; powers and duties; source and use of funds; advisory council(1) An agency designated by the commission as an area agency on aging may be any of the following: (a) An established office on aging located within the region to be served by an area agency on aging.(b) An office or agency of a unit of local government that is designated for the purpose of serving as an area agency on aging by the chief elected official of that unit of government.(c) An office or agency designated by the appropriate chief elected officials of a combination of units of local government.(d) A public or nonprofit private agency, except a regional or local agency of the state, that is under the supervision or direction of the state agency.(2) An area agency on aging designated by the commission is authorized to carry out the following duties and powers: (a) Serve as an advocate for aging and older persons by representing their interests to public officials and public and private organizations within the planning and service area.(b) Develop and administer an area plan for a comprehensive and coordinated service delivery system in the planning and service area, providing opportunities for older persons and service providers to express their views to the area agency on policy development and program implementation under the plan.(c) Assess the kinds and levels of service needed by older persons in the planning and service area, and the effectiveness of other public and private programs serving those needs.(d) Enter into subcontracts with local organizations for the direct provision of services to meet the priority needs of older persons identified in the plan.(e) Coordinate and assist regional or local public and nonprofit agencies in the planning and development of programs to establish an areawide network of comprehensive, coordinated service and opportunities for older persons.(f) Serve as an advocate for aging and older persons by assisting them in obtaining the benefits currently available under federal and state law and by representing their interests to public officials and public and private organizations within the planning and serving area.(g) Receive information from the office and commission regarding legislation, regulation, and program and policy direction, and serve as the clearinghouse for dissemination of information from and to older persons and service providers within the planning and service area.(h) Give priority in planning and administering services and programs to those older persons with the greatest economic and social need.(i) Undertake other activities necessary to develop and administer the area plan in compliance with the policies, guidelines, or rules as set forth by federal or state statute and regulation, the commission, and the office.(j) Provide adequate and effective opportunities for older persons to express their views on policy development and program implementation.(3) An area agency on aging designated by the commission shall use funds distributed from the senior care respite fund created in section 9a to provide day care for older persons or other types of respite services for persons providing care to older persons. The area agency on aging may develop new programs or fund existing programs. Except where a waiver allowing direct service delivery is granted by the office, the area agency on aging shall award the distributed funds by grant or contract to community agencies and organizations for the provision of respite services. The area agency on aging may design respite programs to meet the needs of its constituents.(4) Each area agency on aging shall have an advisory council, 1/2 of the membership of which shall be 60 years of age or older.1981, Act 180, Imd. Eff. 12/15/1981 ;--Am. 1990, Act 171, Imd. Eff. 7/2/1990 .