Legal Solutions

What are the rights of the elderly in Texas?

On Behalf of | Oct 19, 2022 | Elder Law

If you or an elderly loved one are of a certain age, as an American and as a Texan, you are protected by all of the laws that are afforded to every citizen, but some of these laws take on special significance for people of 60 years and older. There are several laws about which you may not be aware and it is important that you understand what those laws do so that you can make sure that your rights are protected.

The laws in the state of Texas that protect the rights of people over the age of 60 are explained by the Texas Human Resources Code:

  • The right to be free to exercise civil rights according to the law: The elderly, of course, are entitled to the same civil rights as all other adults in the United States and in Texas. Additionally, older people also have the right to exercise their civil rights without fear of anyone interfering, coercing them, or reprising them.
  • Respect and dignity: All humans are entitled to be treated with respect and dignity, no matter what their religion, race, sex, nationality, age, disability, source of payment or marital status. That person is allowed to make their own decisions about personal matters, benefits, care, and other services. That also means that they should not be subject to neglect or abuse and should not be exploited.
  • The right to choose a guardian: If the elderly person needs to be protected, they have the right to choose a guardian or representative who can ensure that they will be taken care of properly and that person can also handle whatever needs to be handled for the elderly person.
  • The right to be protected against mental and physical abuse: Just like other people, the elderly also have the right to be protected against mental and physical abuse. Physical abuse includes corporal punishment, physical restraints, and anything used for the convenience of the person who is caring for the elderly individual. There are many different ways that physical and mental abuse can occur and the elderly should be protected against all of those forms.
  • The right to voice complaints and to communicate regarding their treatment, services and care: It is well within their rights to communicate if they feel that there is any issue with the way that they are being taken care of. If the person doesn’t feel comfortable using their name or other contact information when reporting the information, they can do it anonymously.

Sound advice from a Texas elder law attorney

If your loved one is not being treated well and their rights are being violated, the seasoned advice of an elder law attorney may make the situation much better. It is important that your elderly loved one is protected at all times and that their rights are not violated by anyone. Your attorney can help you to ensure that they are able to live their life in a comfortable and dignified manner.