Elderly Abuse Laws in Texas

| February 10, 2014 | Comments (0)

Did You Know: Texas has passed laws specifically protecting the elderly?

Elderly people deserve love and care just like everybody else. These individuals usually have more demanding needs due a range of issues such as lack of mobility, illness, inability to care for themselves or advanced age. Nursing homes in Texas are tasked with the responsibility of ensuring the needs of elderly people in their care are taken care of at all times. However, cases of elder abuse are on the rise and are often the subject of news reports. While the cases which reach the media are usually extreme, any form of elder abuse is wrong and should be reported to authorities.

What is elder abuse?

Texas Elder Abuse Attorney

Elder Abuse Laws in Texas

Abuse comes in different forms and can be defined as any form of emotional, physical, sexual abuse as well as exploitation of an individual over the age of 65. Other forms of abuse may include seclusion, verbal abuse, intimidation, humiliation and deprivation. All these actions are considered abusive even if the subject of the abuse didn’t comprehend what was happening at the time it was taking place.

Texas has a range of laws to help protect the elderly from abuse and exploitation. One such law is found under § 102.003 of the Texas Human Resources Code. The statute states that 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 law goes on to state that an elderly individual has the right to be free of interference, coercion, discrimination, and reprisal in exercising these civil rights. The elderly person has the right to be treated with dignity and respect at all times as well as accorded some form of privacy as needed. They also have the right to make their own choices regarding their personal affairs, care, benefits and services. There is even a law in Texas which specifically allows you to install a hidden camera in a nursing home.

In the past, elderly individuals in nursing homes would be sedated so they could be easily controlled. These days, this is illegal and unacceptable and is punishable by law. At the same time, some nurses continually ignore, make thinly-veiled threats and use subtle manipulation to control their patients.

Do you suspect abuse?

As a family member, you may suspect that some form of abuse might be going on, but you may not have conclusive evidence. Some families may fear the retaliation meted out by staff on their loved ones should they decide to report the matter to the authorities.

If you suspect that a loved one in a nursing home is being abused, you need to get in touch with an attorney as soon as possible. Abuse, if left unchecked, may lead to serious physical and psychological injuries. We’ve dealt with elderly abuse case and would like to invite you to get in touch with us today.

You can call us at 1-800-ATTORNEY or contact us via web form for your free consultation. We look forward to helping you seek justice.


Category: In Depth

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