Older adults have certain guarantees and benefits depending on their age. These are recognized in the Constitution of the Republic and in the Law of the Elderly (1991) or Elder laws.
Article 37 of the Magna Carta, which is in accordance with articles 1 and 2 of the elder laws, establishes that people over 65 years of age will have the right to:
The free care and specialized health and free access to medicines. In addition, discounts on public services and private transport and entertainment services (such as art galleries, plays and other arts). Likewise, older adults will have exemptions in the tax regime; and exemption from payment for notarial and registry costs, in accordance with the law.
In other words, older adults have the right to claim a VAT refund on the purchases they make, as a benefit to improve their living conditions. Regarding the payment of property tax, this group can pay 50% of the value established by the municipalities.
Added to this are the rights to paid work, depending on their abilities, for which they will take into account their limitations; to universal retirement, and to access to a home that ensures a dignified life; with respect for their opinion and consent.
In case you observe that an elder is been exploit and not given entitle right immediately call elder law attorney to help them.
How Elder Laws Help Elder to Improve Well-Being
Here are few benefits elder laws have which help elders to live happily and peacefully in society.
Right to Be Free to Exercise Civil Rights Under the Law
Elders have the same civil rights as other adults under the elder laws of the United States and Texas, except when they are legally restricted. They also have the right to use those civil rights without interference, coercion, discrimination and retaliation.
Right to Dignity & Respect
An older person has the right to be treated with dignity and respect. This means that the elderly person has the right to:
Make your own choices about personal matters, care, benefits and services, and be Free from abuse, neglect, & exploitation.
- Right to Appoint a Guardian or Representative
- Right to be free from physical and mental abuse
- The elderly has the right to be free from physical and mental abuse. Physical abuse includes corporal punishment, as well as physical or chemical restraints used to “discipline” a person or for the comfort of a person providing services.
- Physical and mental abuse exists in many different forms.
- If the victim is in a nursing home or assisted living facility; or is at 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 receiving Medicaid funds, report the abuse, neglect, or criminal exploitation to the Attorney General’s Medicaid Fraud Control Unit at (800) 252-8011.
- Right to Communicate and Complain regarding Treatment, Care or Services
- In addition, he or she may complain about care or treatment, both anonymously and through a designated person.
- A nursing home should have an effective procedure for receiving complaints from older persons and for responding to those complaints. If a person complains of poor care, or any of its employees, to intimidate or retaliate against the resident.
- When retaliation or retaliation occurs due to complaints or reports of problems; call the Texas Department of Aging and Disability Services or this office.
Right to Privacy
An elderly person has the right to privacy while attending to his personal needs and a private place to receive visitors or associate with other people, unless privacy infringes on the rights of others.
This elder right applies to:
- Medical treatment
- Written communications
- Phone conversations
- Reunion with the family
- Access to resident councils
- Email delivery and privacy
No one has the right to restrict visits to an elderly person; or to force an elderly person to receive a visitor they do not wish to see.