rights of the elderly
Amended by Acts 1985, 69th Leg., ch. A person designated to manage an elderly individual's financial affairs shall do so in accordance with each applicable program policy, law, or rule. (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. (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. 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.
Sept. 1, 1983. (1) make a living will by executing a directive under Subchapter B, Chapter (2) execute a medical power of attorney under Subchapter D, Chapter (3) designate a guardian in advance of need to make decisions regarding the individual's health care should the individual become incapacitated.Added by Acts 1983, 68th Leg., p. 5159, ch. 1, eff. RIGHTS CUMULATIVE. (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. In situations where a nursing home, family member or guardian has been granted permission to manage a person’s money, that person still has the right to decide how his or herSometimes 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." Physical abuse includes corporal punishment, as well as physical or chemical restraints used to “discipline” a person, or used for the convenience of a person providing services. 1, eff. A violation of this chapter is grounds for suspension or revocation of the license, registration, or certification of a person providing services.Added by Acts 1983, 68th Leg., p. 5159, ch. Restraints are only permitted in very specific circumstances, such as when authorized by a doctor, in case of emergency, or in certain circumstances when the court-appointed guardian of a person with an intellectual disability has given informed consent.Physical and mental abuse exists in many different forms. (i) An elderly individual may manage the individual's personal financial affairs.
102.003. Amended by Acts 1985, 69th Leg., ch. 936, Sec. (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. Aug. 26, 1985; Acts 1997, 75th Leg., ch. RIGHTS OF THE ELDERLY. 1, eff. In general, elder abuse refers to intentional or neglectful acts that lead to, or may lead to, the harm of an older adult. Sept. 1, 1983. 76, Sec.
If an elderly individual is unable to designate another person to manage the individual's financial affairs and a guardian is designated by a court, the guardian shall manage the individual's financial affairs in accordance with the Estates Code and other applicable laws. Amended by Acts 1997, 75th Leg., ch. On request, the designated person shall make available the related financial records and provide an accounting of the money. 8.101, eff. Sept. 1, 1983.
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