Rights of the elderly

Texas law provides special rights for citizens age 60 and over. These rights are in addition to those enjoyed by all Texans...

(a) An elderly individual has all the rights, benefits, responsibilities, and privileges granted by the constitution and laws of this state and the United States, except where lawfully restricted. The elderly individual has the right to be free of interference, coercion, discrimination, and reprisal in exercising these civil rights.

(b) An elderly individual has the right to 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 means that the elderly individual:

(1) has the right to make the individual's own choices regarding the individual's personal affairs, care, benefits, and services;

(2) has the right to be free from abuse, neglect, and exploitation; and

(3) if protective measures are required, has the right to designate a guardian or representative to ensure the right to quality stewardship of the individual's affairs.

Any person in a nursing home should, at all times, be dressed, well groomed and clean. He or she should be allowed to express preferences about food, sleeping and waking times. Any treatments or personal care should be given in private, not in front of an open door. Most important, a nursing home should not treat any resident with disrespect; each resident should be treated with dignity. It is often difficult and embarrassing for an elderly person to discuss degrading treatment received in a nursing home.

Abuse includes involuntary seclusion, intimidation, humiliation, harassment, threats of punishment, deprivation, hitting, slapping, pinching, kicking, any type of corporal punishment, any sexual contact without informed consent, sexual harassment, verbal abuse, or any oral, written, or gestured language that includes disparaging or derogatory terms, regardless of the person's ability to hear or comprehend.

Exploitation includes a caretaker's using the resources of an elderly or disabled person for monetary or personal benefit, profit, or gain.

If you suspect a problem, discuss the matter with the nursing home administrator. If you are aware of specific acts of abuse, neglect, or exploitation, you are required by law to report it. If the victim is in a nursing home, call the Texas Department of Aging and Disability Servicses (DADS) at 1-800-458-9858. Otherwise, call The Department of Family and Protective Services (DFPS) at 1-800-252-5400.

Many nursing homes provide better care for private-pay or Medicare residents than they do for Medicaid recipients, who are generally less profitable for the nursing home. While this is not prohibited, no facility may deny appropriate care to a Medicaid recipient. State and federal standards define the level of care that is appropriate for all nursing home residents. The right to appropriate care applies to all elderly people, whether they live in a nursing home or not.

It is a crime to defraud the Medicaid program. A facility that receives Medicaid funding may not abuse or neglect its residents. If you see any sign of these problems, contact the Attorney General's Medicaid Fraud Control Unit at (512) 463-2011. This Unit investigates and refers for prosecution allegations of criminal fraud, abuse, and neglect. The Unit also works closely with DADS and the Consumer Protection Division and Public Health Division in matters that merit civil enforcement.

(c) 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. A person providing services may use physical or chemical restraints only if the use is authorized in writing by a physician or the use is necessary in an emergency to protect the elderly individual or others from injury. A physician's written authorization for the use of restraints must specify the circumstances under which the restraints may be used and the duration for which the restraints may be used. Except in an emergency, restraints may only be administered by qualified medical personnel.

(d) A mentally retarded elderly individual with a court-appointed guardian of the person may participate in a behavior modification program involving use of restraints or adverse stimuli only with the informed consent of the guardian.

(e) An elderly individual may not be prohibited from communicating in the individual's native language with other individuals or employees for the purpose of acquiring or providing any type of treatment, care, or services.

(f) An elderly individual may complain about the individual's care or treatment. The complaint may be made anonymously or communicated by a person designated by the elderly individual. The person providing services shall promptly respond to resolve the complaint. The person providing service may not discriminate or take other punitive action against an elderly individual  who makes a complaint.

In some cases, a family may receive a threatening letter stating that unless complaints cease, the resident will be discharged from the facility. One facility threatened to leave a wheelchair-bound resident "on the porch" because her family was an outspoken member of the family council. Sometimes a nurse or nurse aide will slap residents, handle them roughly, "forget" to help them go to the bathroom or feed them, or refuse small requests for assistance when the resident or a family member complains about mistreatment at the hands of a nurse or nurse aide. More often, the intimidation or punishment is subtle, and family members may suspect it but be unable to prove it. In this difficult situation, you should document specific instances of mistreatment.

Some facilities try to identify residents whose families are members of consumer or nursing home advocacy groups. Often, these family members are the most vocal and effective producers of improvements or changes in facilities' practices and policies. Unfortunately, these family members should be aware that speaking up to fix a problem might jeopardize their loved ones in the nursing home. When it appears that retaliation or reprisal is occurring because of complaints or reporting of problems, call the Texas Department of Aging and Disability Services or this office. Any retaliation on this basis is prohibited by the law.

(g)  An elderly individual is entitled to privacy while attending to personal needs and a private place for receiving visitors or associating with other individuals unless providing privacy would infringe on the rights of other individuals. This right applies to medical treatment, written communications, telephone conversations, meeting with family, and access to resident councils. An elderly person may send and receive unopened mail, and the person providing services shall ensure that the individual's mail is sent and delivered promptly. If an elderly individual is married and the spouse is receiving similar services, the couple may share a room.

Sometimes a nursing home or other residential provider will try to exclude visitors who advocate on behalf of the elderly person or who might otherwise challenge the facility's control. While other residents' rights must also be considered (loud, boisterous visitors might be asked to leave, for example), a nursing home or other facility can not use this as a pretext for excluding visitors the resident wishes to meet with.

An elderly person has the right to send and receive unopened mail.

(h) An elderly individual may participate in activities of social, religious, or community groups unless the participation interferes with the rights of other persons.

(i)  An elderly individual may manage the individual's personal financial affairs. The elderly individual may authorize in writing another person to manage the individual's money. The elderly individual may choose the manner in which the individual's money is managed, including a money management program, a representative payee program, a financial power of attorney, a trust, or a similar method, and the individual may choose the least restrictive of these methods. A person designated to manage an elderly individual's money shall do so in accordance with each applicable program policy, law, or rule. On request of the elderly individual or the individual's representative, the person designated to manage the elderly individual's money shall make available the related financial records and provide an accounting of the money. An elderly individual's designation of another person to manage the individual's money does not affect the individual's ability to exercise another right described by this chapter. If an elderly individual is unable to designate another person to manage the individual's affairs and a guardian is designated by a court, the guardian shall manage the individual's money in accordance with the Probate Code and other applicable laws.

Sometimes a family member, "friend," or nursing home takes control of an elderly person's money without that person's permission—often for his or her "own good." This may be a violation of the person's rights, and should prompt a call to The Department of Family and Protective Services or a reputable attorney for advice.

(j)  An elderly individual is entitled to access to the individual's personal and clinical records. These records are confidential and may not be released without the elderly individual's consent, except that the records may be released:

(1) to another person providing services at the time the elderly individual is transferred; or
(2) if the release is required by another law.

(k) A person providing services shall fully inform an elderly individual, in language that the individual can understand, of the individual's total medical condition and shall notify the individual whenever there is a significant change in the person's medical condition.

(l)  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.

(m) An elderly individual may participate in an individual plan of care that describes the individual's medical, nursing and psychological needs and how the needs will be met.

(n) An elderly individual may refuse medical treatment after the elderly individual:

(1) is advised by the person providing services of the possible consequences of refusing treatment; and
(2) acknowledges that the individual clearly understands the consequences of refusing treatment.

Under Sections (k) through (n), elderly people have a right to know their medical condition to the extent that it is known, to choose their own doctor, to have a say in their medical treatment, and to reject medical treatment.

(o) An elderly individual may retain and use personal possessions, including clothing and furnishings, as space permits. The number of personal possessions may be limited for the health and safety of other individuals.

(p) An elderly individual may refuse to perform services for the person providing services.

(q) Not later than the 30th day after the date the elderly individual is admitted for service, a person providing services shall inform the individual:

(1) whether the individual is entitled to benefits under Medicare or Medicaid; and
(2) which items and services are covered by these benefits, including items and services for which the elderly individual may not be charged.

(r) A person providing services may not transfer or discharge an elderly individual unless:

(1) the transfer is for the elderly individual's welfare, and the individual's needs cannot be met by the person providing services;
(2) the elderly individual's health is improved sufficiently so that services are no longer needed;
(3) the elderly individual's health and safety or the health and safety of another individual would be endangered if the transfer or discharge was not made;
(4) the person providing services ceases to operate or to participate in the program that reimburses the person providing services for the elderly individual's treatment or care; or
(5) the elderly individual fails, after reasonable and appropriate notices, to pay for services.

(s) Except in an emergency, a person providing services may not transfer or discharge an elderly individual from a residential facility until the 30th day after the date the person providing services provides written notice to the elderly individual, the individual's legal representative, or a member of the individual's family stating:

(1) that the person providing services intends to transfer or to discharge the elderly individual;
(2) the reason for the transfer or discharge listed in Subsection (r);
(3) the effective date of the transfer or discharge;
(4) if the individual is to be transferred, the location to which the individual will be transferred; and
(5) the individual's right to appeal the action and the person to whom the appeal should be directed.

A nursing home may not discharge, or threaten to discharge, a resident in reprisal for complaints about poor care or in retaliation against an outspoken family member. The five reasons listed in Section (r) are the only valid grounds for discharging a resident.
If no emergency exists, the facility must give thirty days' notice before discharging the resident. The notice must include the reason for the discharge and indicate how the discharge may be appealed. If the elderly person is in a Medicaid-certified nursing home, the Texas Department of Aging and Disability Services provides a hearing process for anyone wishing to object to being discharged. Residents do not have to have a lawyer for these hearings—they are informal and aimed at achieving a fair result.

In an emergency, (for example, when the health or safety of other residents is jeopardized by the elderly person's continued presence), a resident could be transferred to a hospital or another appropriate place for treatment without notice or a hearing.

If you know of any elderly person who is threatened with discharge from a nursing home, and none of these legal reasons apply, call the Texas Department of Aging and Disability Services or this office.

(t)  An elderly individual may:

(1) make a living will by executing a directive under the Natural Death Act (Chapter 672, Health and Safety Code);
(2) execute a durable power of attorney for health care under Chapter 135, Civil Practice and Remedies Code; or
(3) designate a guardian in advance of need to make decisions regarding the individual's health care should the individual become incapacitated.

Protect Yourself:
Hang Up, Shred It, Opt Out

It is unfortunate that senior Texans are targeted by scammers. However, you can take action to protect yourself. For nearly every scam or fraud, there is a simple strategy that you can use to stay safe.

Hang Up!

Unsolicited phone calls are a very real danger to Texas seniors. These are calls from someone you do not know, and this includes people you do not know who claim to be someone who has real business with you.

It is important to remember that a caller could say he or she is with your bank or your credit card company, a state or federal agency, or any other organization with official credibility or a reputation you trust. Always bear in mind that sometimes these callers are imposters.

A definite red flag is when a caller asks you for personal information such as your Social Security Number, date of birth or financial information such as your credit card or bank account number. The simple strategy to stay safe? When in doubt, JUST HANG UP.

Never give out personal information to anyone who has called you, no matter what they say. You are under no obligation to remain on the line with someone who is trying to talk you into (or out of) something. Just hang up.

If you think the call might be legitimate (for instance, you think it may really be your bank calling about a problem with your account), tell the caller you’ll get right back to them. Do not use a number the caller has given you when you make the return call. Look up the number of your bank yourself by consulting the phone book or a recent paper statement.

Shred It!

Identity theft is one of the fastest growing crimes in America today. You can lose your money, ruin your good name, have your credit destroyed and find yourself deep in debt, all through no action of your own.

Identity theft often begins when some obtains key personal and financial information such as your Social Security number or bank account number. Personal information such as your mother’s maiden name may also help the thief "prove" his or her identity on a loan or credit card application.

Be careful that you're not helping identity thieves by discarding papers with this key information whenever you throw away old bank statements, cancelled checks, or other financial documents. In addition, many consumers routinely receive "pre-approved" credit offers which a thief could take from their mailbox.

You can protect yourself by shredding all documents that contain personal information, including pre-approved loan and credit card offers, insurance forms and financial statements. The information in these documents could be used by an identity thief to open accounts and charge up debts in your name.

As an additional level of protection, you may also want to consider placing a credit freeze on your account with the three major credit bureaus. This will prevent other people (mainly creditors) from accessing your credit report unless you specifically authorize them access. This will in turn prevent anyone (including you) from being able to get quick, on the spot credit. For you, this may be a small inconvenience requiring you to temporarily "lift" the freeze whenever you apply for new credit, but for the would-be identity thief, it is a tough barrier to get around.

Opt Out!

You can limit the number of pre-approved credit offers issued in your name by removing your name from the marketing lists of the three credit reporting bureaus. Call 888-5OPT-OUT or (888) 567-8688. A representative will ask for your Social Security number and will then ensure that your information is protected from general disclosure.

It is not unusual for businesses to sell your information to marketing agencies as a source of revenue. While they are prohibited by law from disclosing your Social Security number and other identifying financial information to others, these businesses may sell your name, address, phone number and other personal information on a regular basis.

If you prefer to stop receiving such offers, you can contact your creditors in writing and ask that you be removed from their solicitation lists and to withhold your information from their affiliates. You can also contact the Direct Marketing Association's Mail Preference Service and request that they remove your name and home address from national mailing lists.

You can add your name, address and telephone number to state and federal "no-call" lists, which will identify you as someone who does not wish to receive telemarketing calls. Being on these lists will stop many unwanted sales calls.

Grandparents' Page

Grandparents play an important role in their grandchildren's life, and can develop strong bonds that last a lifetime.

Today, every state has some type of grandparent visitation law. Grandparents' rights generally apply to the custody of a grandchild and visitation privileges. Grandparents may file suit requesting custody if they believe it is in the child's best interest. Visitation statutes vary widely from state to state. In Texas, a court can authorize grandparent visitation of a grandchild if visitation is in the child's best interest, and one of the following circumstances exists:

• The parents divorced;
• The parent abused or neglected the child;
• The parent has been incarcerated, found incompetent, or died;
• A court-order terminated the parent-child relationship; or
• The child has lived with the grandparent for at least six months.

Visitation statutes do not give a grandparent an absolute right to visitation. Also, a grandparent may not request visitation if the grandchild has been adopted by someone other than the child's step-parent.

If your grandchild lives with you, you may wish to seek custody. As a custodial parent, you can apply for child support. Both parents have a legal obligation to provide financial and medical support for their children. If you have custody, they will be required to pay it to you. You can call our Child Support Division at (800) 252-8014.

Access, custody and visitation referrals

If you have questions about child custody you may want to contact an attorney. The Texas State Bar's Lawyer Referral Service can assist you. You can contact the service at (800) 252-9690.

Other organizations may also be able to help.

The Legal Hotline for Texans
The Hotline provides services to Texas residents age 60 and older. Call (800) 622-2520 or go online at www.tlsc.org/hotline.html.

Area Agencies on Aging
Area Agencies on Aging provide many services to their communities. You can contact the office in your area by dialing 2-1-1 or by calling the Texas Department of Aging and Disability Services at (800) 252-9240.

Texas Access
You can contact Texas Access with questions about child custody and visitation at (866) 292-4636 or online at www.lanwt.org/txaccess/welcome.asp.

Texas Law Help
Texas Law Help serves as an online resource and provides answers to many common legal questions. You can visit Texas Law Help at www.texaslawhelp.org.

Texas Lawyers Care
Texas Lawyers Care publishes a directory of legal services for low income Texans. You can access the directory at www.lanwt.org/legalresource.asp.

Senior Consumers

The Office of the Attorney General works to identify and aggressively prosecute those who cheat or deceive the elderly. The agency files lawsuits under the Deceptive Trade Practices Act and, in some cases, may facilitate the resolution of disputes between consumers and businesses.

On behalf of Texas seniors, the Attorney General focuses on unfair and deceptive business practices that target seniors, as well as consumer education for seniors and their families. When it comes to the worst scams and frauds, prevention is the key to protecting Senior Texans.

Offers that Target Seniors

Businesses - and outright scams - may seek out senior consumers with a number of specific types of solicitations, some legitimate, some not. These include:

• The advertising and sale of insurance and retirement-oriented investments, financial planning services, estate planning and legal services;
• The advertising and sale of home improvements, medical devices and other services and products;
• Telemarketing and mail fraud aimed at senior citizens;
• "International lottery" offers and other sweepstake scams; and
• Property tax exemption offers for seniors.

Financial planning, estate planning, and retirement income are subjects of vital importance to seniors. However, it is important that any legal or financial services offered are being provided by persons qualified to offer them. It is also important that the investments or insurance being offered is appropriate for older persons. And these offers should be made in an ethical manner, where risks are plainly disclosed and where the investor is not subject to undue pressure or influence.

Investment advisors and financial advisor firms are licensed by the State Securities Board (SSB). Contact the SSB to verify that an advisor is in good standing with the agency. Read our investments and securities page to familiarize yourself with investment fraud. Guaranteed returns and promises that an investment has low risk for high return are generally red flags.

Be aware that certain kinds of investments like annuities may be inappropriate for seniors. While they may be legitimate opportunities for some, they tend to be long-term investments, making them less appropriate for investors who may need their money within a shorter time horizon. Annuities are regulated by the Texas Department of Insurance; you can find information about annuities on their Web site.

Be particularly cautious of offers promising a "free lunch" - figuratively or literally. Be aware of the feeling of obligation you may feel to make an unexpected or unplanned purchase. Do not allow yourself to be isolated or pressured. Think twice about allowing a stranger to come to your home and/or to review your personal financial information.

Door-to-door sales of home improvements and repairs are notorious for targeting seniors who may physically need help with maintaining their homes and who may be intimidated by a door-to-door contractor who shows up on their premises. Unscrupulous sales may also involve medical products or devices offered to seniors with limited means and increasing health concerns.

Consumer Education for Seniors and their Families

Probably the most widespread and egregious targeting of senior consumers involves telemarketing and mail fraud. However, timely, up-to-date information about the latest scams, schemes and other crimes that target senior Texans can be a powerful protective weapon.

Most telemarketing and mail fraud that targets seniors is not robbery by force; it is robbery by trickery. In most cases, the intended targets can avoid becoming victims by understanding how scam artists operate.

The perpetrators of this kind of fraud are usually fly-by-night operators. Once they have the money, they tend to disappear or to squander the money before they can be found. The hard reality is that, once ripped off by a con artist, the consumer almost never gets his or her money back.

For this reason, you will find a major portion of the Attorney General's Senior Texan pages devoted to exposing, debunking and teaching the warning signs for scams and fraud. What you don't know CAN hurt you. We urge you to educate yourself, your friends and your families about consumer fraud.

Many of these scams victimize consumers who are not seniors. The Consumer Protection section of the Attorney General's Web site also provides information about fraud and scams. In addition, you can sign up to receive e-mail notifications of both consumer and senior alerts to find out about the latest scams targeting Texans.

Offers & Prizes: Don't Be Fooled

Elvira's phone rang. A friendly voice on the other line greeted her. It brimmed with confidence and excitement. She had won a brand new television!

To collect her prize, she just needed to verify some information like her Social Security and bank account number. If they matched the caller's records, Elvira would get her new television in a few days. She had to hurry since the offer was only good for the next hour. After the numbers matched the caller excitedly told Elvira her new television was on its way!

Elvira never got the television, but the scammer used the information he obtained to steal Elvira's identity and draft money from her bank account.

The Cornerstone of Most Scams

Crooks target Senior Texans everyday through e-mail, regular mail and the telephone. Nearly every scam is designed to trick you into sending money or providing your personal information.

The first way scammers do this is to get you to believe something good will happen to you (like winning a prize) if you do as they say. The other is by scaring you into believing something terrible has or will happen to you (like your home will be foreclosed on or you will be arrested) if you don't do as they say. In either case, through kindness or bullying they try to get you to send them money or disclose your personal financial information.

Remember that no legitimate government agency, business or organization will make unsolicited contact with you and then ask you to provide your personal information. Nor will any legitimate prize give-away, government grant, lottery or sweepstakes require you to pay anything up front to claim your winnings.

Your best protection against scammers making unsolicited contact with you is to hang up and not respond to their attempts to steal your money or good name. Hang-up your phone, shred the correspondence, delete the email, or shut your door and call the police.

There are other ways seniors and others are targeted that you should be aware of.

Advance Fee Fraud

This scam is also often called a Nigerian scam and is one of the most common scams. The particulars of it can vary. For example, some might claim to be a foreign dignitary while others are disguised as a pastor. It almost always involves a contact from someone who assures you they can provide you a large sum of money if you send them a smaller sum first or provide your personal information. You can read more about Nigerian scams in the Consumer Alert section of our site.

No matter the story, don't be fooled. If you send someone money in response to an e-mail or letter, you likely never see it again. Many of these scams originate in Canada, Africa and Asia.

Lotteries & Sweepstakes

Scammers may contact you through the mail and by telephone claiming you have won a foreign lottery. Their mailers look legitimate and their pitch can be very convincing. They will ask you to send money up front and/or provide them personal information in order for you to claim your prize. Many will also send "certificates" by mail as proof of their goodwill. Once again, don't be fooled. This is a ploy to take your money and steal your identity. You can read more about foreign lotteries in this section and the Consumer Protection section of our site.

Counterfeit Cashier's Checks

Scammers can create counterfeit cashier's checks that look so real, bank tellers often can't tell the difference.

Daniel, living near Houston, received just such a check enclosed with a letter claiming he had won the lottery in Canada. The check was made out to him for six thousand dollars. He was told to deposit it and immediately wire half the money for processing fees. He did as instructed and sent the scammers three thousand dollars. Several days later the bank discovered the check was a fraud and Daniel had to pay the money back to the bank.

If you receive an unsolicited cashier's check, shred it and throw it away. It isn't worth the paper it was printed on.

Investment Seminars - No Free Lunch

You should be careful of investment seminars and sales meetings that offer you free meals or gifts to entice you to attend. Many of these seminars and meetings will then use extremely high-pressure sales tactics to get you to purchase their products or use their services. Don't let their pressure cloud your judgment. Be wary of anyone you don't know who asks to see your personal financial information. Also remember that any investment offering higher than normal returns, will always come with higher than normal risks.

Time Shares & Travel Deals

For some people, owning a time share or using a travel club makes sense. However, if you are interested in a time share or travel offer be sure to read ALL the fine print and know exactly what you are signing. Some time shares can never be cancelled or sold. Others may only be available to use during less desirable times of the year. Get all the facts in writing before making a purchase.

Make sure to get any travel offers in writing, including cancellation and refund policies from travel clubs, resorts or related companies. Some offers may have severe restrictions on departure dates, length of stay and consumers may be on the hook for a myriad of additional charges. Also make sure to confirm your reservations independently. Be sure your reservations are guaranteed and at a location you will be happy with for the price you are paying. Some businesses use travel offers to attract buyers for time shares. These "vacations" can involve enduring long, mandatory, high-pressure sales seminars.

SPAM and Online Advertisements

Unsolicited e-mail is known as SPAM. Never reply to it, click any links embedded within it or open any attachment within it for any reason. If it contains information about a product you're interested in purchasing, go to the vendor's Web site directly. For more information about SPAM and how to protect yourself, visit our SPAM page in the Consumer Protection section of our site.

Just because an advertisement exists on a trusted Web site doesn't mean the offer should be trusted. Web companies sell advertising space on their sites as a source of revenue. Most sites usually have disclaimers explaining they do not endorse their advertisers' statements. Many online advertisements make outlandish offers that are too good to be true. These offers usually contain conditions buried in small print that are not beneficial to you as a customer.

Automatic Bank Drafts

Weigh the convenience of automatic bank drafts with the liability that comes with them. If you don't have a long, established relationship with a business, think twice before authorizing them to make automatic drafts from your bank account. In some situations unscrupulous businesses will knowingly draft more than they agree to withdraw for fees.

Also, many companies do not cease their automatic drafts while resolving a disputed bill.

For those who do use automatic bank drafts, consider opening a bank account solely for that purpose and deposite limited funds, as needed, to cover expected expenses.

Senior Alerts

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Alphabetical Listing of Alerts:

Estate & Advance Care Planning

Texas law provides a number of ways for individuals to ensure that their wishes are carried out in the event they become incapacitated due to Alzheimer's Disease or other health conditions. Various standard forms can provide instruction to medical professionals and family members who may have to make critical decisions regarding treatment and health care.

In addition, the law provides various tools to help plan the disposition of property and other matters. The Office of the Attorney General cannot advise you on any of these legal issues; however, the Department of State Health Services, the State Bar and other resources are available to help you with essential advance planning for health care and to provide some guidance on other legal issues.

Health Related Advance Planning

Although it is advisable for an individual to consult an attorney when planning for the future, certain forms are available to anyone, and when properly completed, they are legally valid. Useful forms relating to health care include:

• The Medical Power of Attorney is used to designate a person who can make decisions about medical treatment on behalf of someone who is incapacitated or otherwise unable to make those decisions.
• The Directive to Physicians and Family or Surrogates can prohibit or authorize the use of life-prolonging treatments when a person's condition is terminal or irreversible.
• The Out-of-Hospital Do-Not-Resuscitate (DNR) instructs emergency medical personnel and other health care professionals to forego resuscitation measures.

Information about the Medical Power of Attorney, the Directive and other advance planning documents is available on the Alzheimer's Program section of the Texas Department of State Health Services Web site. More information about the DNR is available from the EMS section of the DSHS Web site. The Department of Aging and Disability Services also provides all three forms, to be downloaded and/or printed.

Personal and Financial Advance Planning

A Durable Power of Attorney gives another person the authority to make personal and financial decisions on your behalf. A Durable Power of Attorney can cover all aspects of your personal and financial affairs, or may be limited to specific situations and activities. You should consult with an attorney when preparing a Durable Power of Attorney, to ensure that it accurately reflects your wishes and needs.

A living trust is created while you are alive, and is a legal arrangement which often is used to allow another person to assist you in managing your assets during your lifetime and to distribute your assets upon your death. As the "grantor," you transfer ownership of your property and other assets to the trust, which is administered by a "trustee" for the "beneficiary." A living trust is different from a "living will" (now called a "directive to physicians and family or surrogates"), which expresses your health care wishes about being kept alive or not if you are seriously injured or terminally ill.

Whether a living trust is an appropriate estate planning tool depends on your personal financial situation, health condition and goals. For example, living trusts are often appropriate for someone who is facing a serious incapacity like Alzheimer's disease. You should discuss the benefits and drawbacks with accountants, attorneys and financial planners who are experienced in this area and whom you trust before taking any action.

Beware of scams that exaggerate the benefits of a living trust. Some living trust offers are a ruse to gain access to your personal financial information or promote the sale of other financial services. The State Bar of Texas Web site has more information on living trusts and consumer scams associated with them.

Elder Abuse

You have a right to be safe and protected from abuse. The Office of the Attorney General and the State of Texas are committed to protecting you from verbal, emotional and physical abuse, as well as financial exploitation, whether you are living in your own home, with family or in a long-term care facility.

Abuse includes involuntary seclusion, intimidation, humiliation, harassment, threats of punishment, deprivation, hitting, slapping, pinching, kicking, any type of corporal punishment, sexual assault, sexual coercion, sexual harassment, verbal abuse, or any oral, written, or gestured language that includes disparaging or derogatory terms, regardless of the person's ability to hear or comprehend.

Neglect means the failure of a caretaker to provide the goods or services, including medical services, which are necessary to avoid physical or emotional harm or pain.

Exploitation includes a caretaker's illegal use of a senior's resources for monetary or personal benefit, profit, or gain. Seniors may need help with their finances, but unless they hand control over to another person, they have the same right as anyone else to receive, spend, invest, save or give away their money. A family member, "friend" or nursing home may not take control of a senior's money without that person's permission.

If you are being abused, or suspect that someone else is being abused, do not remain silent. If you are aware of a specific act of abuse, neglect or exploitation, you are required by law to report it.

If the victim is in immediate danger, call 9-1-1 or your local law enforcement agency.

If the victim is in a nursing home or assisted living facility, or is in his or her home and relies on a home health provider, call the Texas Department of State Health Services at (800) 458-9858.

If the victim is a resident of a long-term care facility that receives Medicaid funding, report the criminal abuse, neglect or exploitation to the Attorney General's Medicaid Fraud Control Unit at (512) 463-2011 (Austin), toll-free at (800) 252-8011 or by e-mail at mfcu@oag.state.tx.us.

Abuse of a senior who is not in a health care facility can be reported to Adult Protective Services at (800) 252-5400.

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