Aging Law & Policy
Institute Mission: Offering Educational Opportunities to Students, Healthcare Professionals, & the Public
Elder Law Presentations
The Garrison Institute on Aging has been hosting Elder Law presentations for students, staff, faculty, residents, and the community. The Elder Law presentations provide important information regarding legal issues and legal planning. Glen Provost, J.D., M.P.H. Chief, Planning and Project Development has been the guest speaker for the presentations. The presentation that he conducted in El Paso is available. Please click: "Elder Patients, Elder Law, and Advance Directives".
Legal issues that can affect persons of all ages:
For older adults, legal issues can become more pressing and complex. Older adults and their families are often unprepared for the difficult and distressing decisions. The decisions that arise can affect families emotionally and financially. Older adults can plan for the future to ensure that their values, wishes and choices are known and respected.
Older adults often deal with various obstacles:
- Age discrimination
- Abuse
- Neglect
- Exploitation
How older adults can overcome some of these obstacles:
- Legal planning
- Advice to prepare their future
- Estate planning
- Advanced Directives
- Living Wills
- Medical Power of attorney
Explanation of advanced directives, living wills and medical power of attorney:
- What are Advance Directives? Advance Directives are written instructions to health care providers that are prepared before medical treatment is actually needed. An Advance Directive describes the type of care or treatment you would want if an illness or accident occurs that makes it impossible for you to consent to medical treatment at the time it is needed.
- How many types of advanced directives exist? There are two types of advanced directives: a living will and a medical power of attorney.
- What is a living will (or Health Care Directive)? The Living Will, also known as a Health Care Directive, is allowed under a law called the Natural Death Act. This is a written document that enables you to tell your doctor what you do or do not want if you are diagnosed with a terminal condition or are permanently unconscious.
- What is a medical power of attorney? A medical power of attorney allows you to name a person to make health care decisions for you when you are incapable of making decisions yourself. It also allows you to give specific instructions to your representative about the type of care you would want to receive. Experts stress the importance of choosing a representative you trust to make decisions for you, someone who knows your values and wishes and who is likely to be available.
Texas Department of Aging and Disability Services
- Texas Office of the Attorney General, Elder Texans' Page
- American Bar Association, Senior Lawyers Division, National Handbook on Laws and Programs Affecting Senior Citizens
- Texas Health and Human Services Commission, 2002 HHSC Guardianship Advisory Board Annual Report on the Development and Implementation of a Statewide Guardianship Program in Texas, (Austin, TX: Texas Health and Human Services Commission, 2002)
- Ibid
- Texas State Securities Board, Texas "Top 10" List of Investment Scams, Schemes and Scandals, January 2004
Low-cost options for assisting older adults with legal matters include:
- The Texas Legal Services Center (TLSC) provides legal assistance to older adults and operates the toll-free Legal Hotline for Older Texans.
- Older adults may also receive free legal assistance from private attorneys who operate on a pro bono basis. TLSC, AAAs, the State Bar of Texas, the American Association of Retired Persons, and the Alzheimer's Association may have information about pro bono programs.
- Older adults can receive assistance at will clinics offered by area agencies on aging and legal services programs.
- Older adults can receive legal assistance from trained benefits counseling volunteers and staff at the 28 area agencies on aging across Texas.
Helpful Law Links:
- Texas Partnership for End of Life Care
Go to "Community Education" then go to "Advance Directives." - Texas Law Help
Go to "60+ Elder Law." - State Bar of Texas
Go to "Additional Information for the Public." Next go to "Consumer Legal Information." Then go to "Elder Issues". - Texas Probate
Private law firm website that provides most forms free of charge. - Texas Department of Aging and Disability Services
Go to: "Forms & Handbooks." Then go to "Advance Directives." - Texas Probate Codes
Chapter XII - Durable Power of Attorney Act
Chapter XIII - Guardianship (Sec. 679 - Designation of Guardian Before Need Arises) - Texas Health & Safety Codes
Scroll down to Chapter 166 - "Advance Directives."