FAMILY ISSUES | Elders' Rights Under Texas Law

Under Texas law Elders (persons aged 60 and above) have the following rights to:

  1. be free from interference, coercion, discrimination, and reprisal in exercising these civil rights.
  2. be treated with dignity and respect for the personal integrity of the individual, without regard to race, religion, national origin, sex, age, disability, marital status, or source of payment. This includes:
    1. the right to make the individual's own choices regarding the individual's personal affairs, care, benefits, and services;
    2. the right to be free from abuse, neglect, and exploitation;
    3. if protective measures are required, the right to designate a guardian or representative to ensure the right to quality stewardship of the individual's affairs.
  3. be free from physical and mental abuse, including corporal punishment or physical or chemical restraints that are administered for the purpose of discipline or convenience and not required to treat the individual's medical symptoms. Physical or chemical restraints may only be used under limited circumstances and only if authorized in writing by a physician.
  4. use the individual's native language with other individuals or employees for the purpose of acquiring or providing any type of treatment, care, or services.
  5. complain about the individual's care or treatment without fear of retaliation or discrimination.
  6. privacy while attending to personal needs and a private place for receiving visitors or associating with other individuals.
  7. participate in activities of social, religious, or community groups.
  8. manage the individual's personal financial affairs.
  9. access to the individual's personal and clinical records and the right to keep these records confidential and prevent their release without the elderly individual's consent, except under limited circumstances.
  10. be informed in language that the individual can understand, of the individual's total medical condition and to be informed whenever there is a significant change in the person's medical condition.
  11. to choose and retain a personal physician and to be fully informed in advance about treatment or care that may affect the individual's well-being.
  12. participate in an individual plan of care that describes the individual's medical, nursing, and psychological needs and how the needs will be met.
  13. refuse medical treatment after the elderly individual, once the elderly person
    1. has been advised by the person providing services of the possible consequences of refusing treatment; and
    2. acknowledges that he or she clearly understands the consequences of refusing treatment.
  14. retain and use personal possessions, including clothing and furnishings, as space permits, but the number of personal possessions may be limited to protect the health and safety of others.
  15. refuse to perform services for any person providing services.
  16. be advised of the following entitlements within thirty days of being admitted for service:
    1. eligibility for benefits under Medicare or Medicaid, and
    2. which items and services are covered by these benefits, including items or services for which the elderly individual may not be charged
  17. not be transferred or discharged, except under certain circumstances specified by law.
  18. make a living will, make a durable power of attorney or designate a guardian in advance of need to make decisions regarding the individual's health care should the individual become incapacitated.