Your Top Resource For Seniors 
Your Top Resource For Elder Abuse & Neglect

Texas

State Nursing Home & Assisted Living Regulations

Learn all the information you need to carry out a safe and healthy life in Texas! Discover the care fit best for your needs, whether you continue to stay at home, or transition to long-term care housing. Caregivers have access to resources and support that can assist them in providing optimal care for seniors.

Prioritize Health

Texas

Make time to sit down with loved ones and discuss your needs, including physical care needs, transportation needs, and assistance with everyday tasks. Use the daily living assessment to identify your needs and the best route to proceed with.

Daily Living Assessment

Staying At Home

Services based in your home get you the care you need, while retaining your independence and prioritizing your safety. Services are dependent on an individual's level and type of need. Services can vary in duration and purpose, ranging from short-term for injury recovery or illness, to long-term for several years, and can include a range of simple to more comprehensive checks.

Contact your local ADRC or call (855) 937-2372 to learn more about in-home care services.

Long-Term Care Facilities

There are many facility-based living options in Texas to support you, including adult foster care, assisted living and residential care facilities, nursing facilities, and memory care communities.

Contact your local ADRC or call (855) 937-2372 to learn more about in-home care services.

Senior Rights and Protection

If you or someone you know suspects elder abuse in Texas, visit Texas's Health and Human Services site to report elder abuse or neglect.

Elder Abuse Laws for Texas

There are laws in place to protect elders from abuse and exploitation in Texas. These laws include issues, such as abuse, exploitation, neglect, or fraud.

It's always best to check the most current legislation or consult with a legal professional for the most accurate and up-to-date information. Here is more information about laws that protect against elder abuse in Texas. The law aims to protect vulnerable adults who are unable to protect themselves from abuse, neglect, or exploitation due to physical or mental impairment.

Key Terms

  • Elder Abuse: Elder abuse refers to the intentional or negligent act that causes harm or distress to an older adult, typically aged 60 or above. It encompasses physical, emotional, financial, sexual, and neglectful mistreatment.
  • Neglect: Neglect occurs when a caregiver or responsible party fails to meet an older adult's basic needs, such as food, water, shelter, medical care, and personal hygiene.
  • Financial Exploitation: Financial exploitation refers to the unauthorized use, manipulation, or theft of an older person's funds, property, assets, or resources. It can involve scams, fraud, coercion, or undue influence.
  • Mandatory Reporting: Mandatory reporting requires certain professionals, such as healthcare providers and social workers, to report suspected cases of elder abuse to the appropriate authorities for investigation.

Report Elder Abuse

Any suspected abuse or neglect in Texas may be reported by calling (800) 458-9858 or local law enforcement. This also pertains to mandatory reporters, such as doctors, nurses, or social workers.

Penalties

Penalties vary depending on the crime committed. Under Texas law, elder abuse can result in a misdemeanor or felony, with penalties ranging from fines to imprisonment.

Estate Planning and Probate in Texas

Planning for your future is a great way to protect your assets and ensure your loved ones are taken care of. While Texas is not a Uniform Probate Code (UPC) state, the state has implemented some UPC laws.

Wills

In Texas, a valid will must meet all requirements. To create a will, the individual must be at least 18 years of age and of sound mind. A will does not need to be witnessed if it is in the handwriting of the creator. Otherwise, the creator will need to at least sign the will and have two credible witnesses.

Trusts

The purpose of a trust is to ensure that assets are managed and distributed according to specific instructions outlined in a legal document called the trust deed. Trusts are commonly used for estate planning, allowing individuals to transfer their assets to the trust for the benefit of their heirs, while also potentially avoiding certain legal processes like probate.

Probate

In Texas, if an individual passes away with a valid will, an individual has four years from the date of death to apply for probate. If an individual passes away without a will, it's recommended to speak with an attorney experienced with probate before continuing.

Power of Attorney

A power of attorney is a legal document that grants a person, known as the "agent" or "attorney-in-fact," the authority to act on behalf of another person, known as the "principal," in specific legal and financial matters. In Texas, there are different types of powers of attorney, including general, limited, durable, springing, and medical power of attorney.

Types of Power of Attorney

  • General Power of Attorney: This type grants broad authority to the agent to make a wide range of legal and financial decisions on behalf of the principal.
  • Limited or Special Power of Attorney: This grants the agent specific powers for a particular purpose or within a defined timeframe. For instance, it could be used to authorize someone to handle a real estate transaction on the principal's behalf.
  • Durable Power of Attorney: Unlike a regular power of attorney, a durable power of attorney remains effective even if the principal becomes incapacitated or unable to make decisions.
  • Springing Power of Attorney: This type becomes effective only when a specified event or condition occurs, often when the principal becomes incapacitated.
  • Medical Power of Attorney: This grants the agent the authority to make medical decisions on the principal's behalf, especially in situations where the principal is unable to do so.

Executing a Power of Attorney

There are requirements to execute a power of attorney, including that the POA is signed before a notary public and the principal is at least 18 years of age and sound of mind.

Termination of Power of Attorney

A power of attorney will end if the POA has an end date, if the principal becomes incapacitated and the POA is not a durable POA, if the principal revokes it, or if the principal passes away.

Advance Directives

Advance directives are legal documents that allow individuals to express their medical treatment preferences and decisions in advance, particularly in cases where they may become unable to communicate or make decisions due to illness or incapacitation. These documents provide guidance to healthcare providers, family members, and medical professionals about the individual's wishes regarding medical care and treatment.

Community Property

Texas is a community property state. This means that generally, any assets acquired during a marriage are considered jointly owned by both spouses. This can have implications for estate planning and the distribution of assets after one spouse's death.

Estate Tax

Texas does not have a separate estate or inheritance tax. However, estates may be subject to federal estate tax.

Elderly Rights

Texas law and programs ensure elderly rights are preserved.

Guardianship Laws

In Texas, a court may appoint a guardian to an individual due to their age or if they are unable to manage their daily affairs.

Healthcare

Under Texas law, seniors have the right to be informed about their medical care, including medical conditions, treatment, and insurance coverage. There are also resources available related to healthcare, including Medicaid for the elderly.

Discrimination

The Texas Commission on Human Rights protects discrimination on the basis of age in areas such as employment, housing, and public accommodations.

Long-Term Care

Texas laws provide specific rights for residents of long-term care facilities, including the right to be treated with respect, to privacy, to manage personal finances, and to be free from abuse and neglect.

Senior Services and Resources

Texas Health and Human Services provide services and support to help elder adults live independently. These services include healthcare, long-term care, and legal support.

Texas

State and Assisted Living Main Links:

Links to Assisted Living Facility Licensure and/or Compliance:

Standards for Transparency, Licensing and Certification:

Good. You can get an idea of how well a facility follows regulations, although inspections reports themselves may not be up.

Frequency of Inspections: Every 36 months (3 years)

Do You Have A Claim?

If you or a loved one may be the victim of nursing home abuse or neglect, report it here. You may be entitled to compensation for pain and suffering.

Our expert partner attorneys offer free consultations for your claim.