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Texas Elder Rights, Marital Issues, and the Homestead

Financial Management

Being elderly does not rob someone of the ability to manage his or her finances. Accordingly, the Texas Bill of Rights for the Elderly provides that elderly Texans shall have the right to either manage their finances themselves or appoint a surrogate decision maker to manage in their stead.37 Pursuant to the statute:

  1. An elderly individual may manage his or her personal affairs and may in writing authorize another person to manage his or her money.
  2. The elderly individual may choose the manner in which his or her money is managed, including a money management program, a representative payee program. a financial durable power of attorney, a trust, or some other method. Indeed, the elderly individual is free to choose the least restrictive of these methods.
  3. When the elderly principal (or his or her representative) requests, tile money manager shall make available the related financial records and provide an accounting of the money.
  4. An elderly individual’s designation of another person to manage his or her money does not affect such individual’s ability to exercise another right described in the law. U an elderly individual is unable to designate another per­ son to manage his or her affairs, a court of competent jurisdiction will designate a guardian to do so? The guardian is then required to manage the elderly individual’s money in accordance with the provisions of the Texas Estates Code and other applicable laws.
  5. An elderly individual may retain and use personal possessions, including cloth­ i11g and furnishings, as space permits. The number of personal possessions may he limited based on the health and safety of other individuals.

 Medical Decisions

  1. Just as the elderly individual can manage his or her financial decisions, the elderly individual can make his or her own medical decisions. The Bill of Rights contains several provisions ensuring that the elderly have control of their medical decisions.:’) Pursuant to the Bill of Rights, then:
  2. A service provider must fully inform an elderly individual. in language the individual can understand, of his or her total medical condition, and shall notify the patient whenever a significant change in his or her medical condition occurs.
  3. An elderly individual may choose and retain a personal physician and is entitled to be fully informed in advance about treatment or care that may affect the individual’s well-being.
  4. An elderly individual may refuse medical treatment after the elderly individual:is advised by the service provider of the possible consequences of refusing treatment; and The elderly individual acknowledges that he or she clearly understands the consequences of ref using treatment.
  5. An elderly individual has the right to 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. 10
  6. Not later than the 30th day after the date the elderly individual is admitted for service, a service provider shall inform the individual: whether the individual is entitled to benefits under Medicare or Medicaid; and which items and services are covered by these benefits. including items or services for which the elderly individual may not be charged. ‘

more on elder rights (pdf)