Elder Law is a diverse area of practice wherein attorneys, sometimes working in concert with other professionals such as financial planners, health care providers, and social workers coordinate to ensure that an elder person’s rights and best interests are protected.

According to the United States Census Bureau, as of the 2000 census, approximately 12% of this country’s population is age 65 or older. Between 1946 and 1964 77 million babies were born in the United States. These children are known as the “Baby Boomer” generation, and by the year 2011, the oldest of the baby boomer generation will turn 65. Experts expect that in the very near future that 20% of the population in this country will be over 65. The Baby Boomers represent a significant portion of the population and will continue to be active in their careers and communities for years to come.

Telephone  713-528-2400  2211 Norfolk Street, Suite 711 Houston, TX 77098

Elder Law in Houston Texas - What You Need to Know
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Why is Elder Law important?
As with any stage in life, aging represents rewards and challenges. Many of us look forward to retirement so that we may travel, spend more time with loved ones, become involved in community work, or take up a new hobby. While these are the upsides of aging, we must also expect changes with our bodies and minds. Some seniors have difficulty with: sensory perception, such as hearing and/or vision impairment; others may experience memory problems, whether this be from age-related dementia or Alzheimer’s Disease; while others yet may have challenges such as walking, climbing stairs, reaching, lifting or carrying. All these issues can affect a senior’s ability to drive, venture outside the home, attend doctor’s appointments, or their ability to cook and plan meals, and attend to banking and business transactions.

No matter what our personal situation, the majority of people want to remain as independent as possible, whether they choose to move to a retirement community, travel, or age in place (i.e., continue to reside in their home while making construction changes and hiring in home health care).

If you are approaching retirement, now is the time to plan and make sure your affairs are in order. If you have made arrangements in the past, it is always a good idea to revisit your documents and ensure that they still meet your needs.

If you are a child of an aging parent, you may need assistance in making arrangements for your aging parent.

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I’m a member of the aging population (65 or older) – what do I need to do?
As with anything in life, it’s helpful to have a plan. Aging is a natural part of life, and eventually we all meet the same end. In order to make plans, certain legal documents are necessary. Almost all of these documents require that the person executing them has the requisite mental capacity. Therefore, if you or a loved one suffers from beginning states of dementia, now is the time to start planning.

First, it is important to make sure that you have some basic legal documents in place so that your wishes are carried out in the event of incapacity or death. Every person, regardless of his or her financial status, should have a will that designates an independent executor who serves without bond. Having this document will save your estate and your heirs time, trouble and money.

Next, you should have a Durable Power of Attorney so that a family member, friend, or business associate may act on your behalf. A power of attorney is a legal document by which one person, the principal, appoints another as agent and authorizes the agent to perform certain specified acts on behalf of the principal. Some examples of acts that the agent may perform on behalf of the principal include:

• Real property transactions;
• Tangible personal property transactions;
• Stock and bond transactions;
• Commodity and option transactions;
• Banking and other financial institution transactions;
• Business operating transactions;
• Insurance and annuity transactions;
• Estate, trust, and other beneficiary transactions;
• Claims and litigation;
• Personal and family maintenance;
• Benefits from social security, Medicare, Medicaid, or other governmental programs or civil or military service;
• Retirement plan transactions; and,
• Tax matters.

In effect, it is a written authorization used to evidence the authority of an agent to a third person. A Durable Power of Attorney is only operative while you are alive. Its power terminates upon your death. Powers of Attorney are very flexible in that they can be as broad or specific as you wish. For example, you may wish to take an extended trip out of the country, but worry about your finances back home while you are gone. You could execute a limited power of attorney so that your child can manage your financial assets in your absence.

You should have a Medical Power of Attorney, Advanced Medical Directive, and HIPAA release so that your designated agent can make medical decisions for you in the event you are incapacitated.

You may also wish to designate a guardian for yourself in case you reach the stage where you cannot make decisions for your person or your estate. An important function of designating a guardian is to exclude a person who you would never want to be the guardian of your person or your estate. Many families have their own “pathology” and problems. Sometimes one child is more patient and better geared for caring for an elder person’s physical needs, while another may possess more business acumen and would do a better job managing a parent’s estate and finances.

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How Do I Know When It’s Time to Get Extra Help for My Aging Parent?
It is natural to be concerned with the well-being of an aging parent or relative, and having this dialogue with the person can be upsetting. The elderly person is accustomed to being his/her own boss and generally wants to remain as independent as possible. Nevertheless, there will come a point in time when family must intervene. Knowing when to do this can be difficult, but there are many signs that indicate that an elderly person requires assistance or a change in their living arrangements. However, you should not make any changes to the person’s lifestyle without first talking to the person, other family members, and the person’s physician and health care professionals. Relocation can be very traumatic for an elderly person. Some signs that should raise a red flag to you include, but are not limited to:
• Sudden weight loss
• Not taking medications or overdosing on medications
• Deterioration of personal habits (i.e., not bathing, brushing teeth, shampooing hair, etc.)
• Increased auto accidents
• General forgetfulness
• Extreme suspiciousness
• Series of small fires
• Disorientation of a consistent nature

Can My Elderly Relative Remain at Home?
Sometimes it is beneficial for the elderly person to “age in place.” This means that the person stays in his/her home until it is absolutely necessary for him/her to move to a nursing home or hospice setting. Some questions you should consider in determining whether your loved one can age in place include:
• How determined is the elder person to stay in his/her own private residence?
• Is the residence safe? Are there many repairs or adjustments required for the residence?
• How safe is the neighborhood?
• Is the residence close to quality medical care facilities?
• Can the elderly person afford to stay in his/her residence?
• What is the state of your loved one’s physical and mental health?
• How much assistance does your loved one require with daily tasks such as dressing, personal hygiene, taking medicine, cooking, cleaning, and shopping?
• Are there agencies in the area that can assist you, such as Meals on Wheels?
• What social supports are available (e.g., friends, neighbors, churches)?
• Are there adequate social activities available for your loved one?
• What other housing options have you and your loved one considered when the time comes?

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How can I help my loved one age in place?
Construction professionals can evaluate the person’s home and make suggestions to improve the elderly person’s safety, comfort and convenience. Some things that may assist the elderly person with aging in place include:
• Placing a bench close to the main entrance/exit door
• Installing ramps to replace steps to the front door and to go over doorsills
• Installing swing-back hinges to widen doorways, so it is easier to use wheelchairs, scooters, or other mobility assisting devices
• Elevating toilet seats
• Installing sturdy grab bars in the bathroom near the toilet, shower, and bathtub. These grab bars must be sturdy enough to bearing the elderly person’s body weight.
• Install nonskid strips on stairways
• Use nonskid mats in bathrooms
• Use nightlights in bedrooms, bathrooms, and hallways
• Keep flashlights near the elderly person’s favorite chair and bed
• Remove area rugs and runners as they pose a trip hazard
• Use lamps that turn on by touch instead of switches
• Install motion sensing exterior security lights
• Remove cords and wires from walkways as they pose a trip hazard
• Check smoke alarms twice a year (a good time is when the time changes in the spring and fall)
• Keeping baking soda or a fire extinguisher in the kitchen near the stove
• Avoiding space heaters
• Use lightweight, non-breakable dishes instead of heavier glass or china
• Discard expired food products, drug items, and prescription medications
• Keep emergency phone numbers by the telephone
• Use a home emergency service system

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My elderly parent already requires significant assistance in caring for his/her person and/or his/her business affairs. There is a division in the family as to how to assist this person. What can I do?

Under the proper circumstances, you can hire an attorney and file a petition for guardianship of the estate and/or person. The court will appoint an ad litem for the elderly person. A guardian ad litem investigates and makes a recommendation to the court based on the best interests of the proposed ward. An attorney ad litem advocates for the proposed ward just as if the proposed ward had walked into the attorney’s office and hired him/her to assert his/her rights. In order to file a petition for guardianship, the petitioner must have had a mental status examination of the proposed ward completed within 120 days of filing the petition. In addition, the proposed ward must have been given notification that the examination was to determine her need for a guardian.

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Where can I find more information about elder law and elder care issues?
Texas Department of Aging and Disability Services – www.dads.state.tx.us
American Association of Retired Persons (AARP) – www.aarp.org
Alzheimer’s Association – www.alz.org
Texas Department of Family and Protective Services –  www.dfps.state.tx.us/Adult_Protection/About_Adult_Protective_Services/
Meals on Wheels – www.MealCall.org
Aging Parents: The Family Survival Guide – www.agingparents.com
National Council on the Aging, Inc. – www.ncoa.org

Suggested Reading
Strom, Kay Marshall. A Caregiver’s Survival Guide.
Williams, Mark E. The American Geriatrics Society Complete Guide to Aging and Health
Focus on the Family. Caring for Aging Loved Ones
Deane, Barbara. Caring for Your Aging Parents
Bakker, Rosemark. Elder Design: Designing and Furnishing a Home for Your Later Years
Adams, Jay E. Wrinkled but Not Ruined: Counsel for the Elderly
Mace and Rabins. The 36-Hour Day

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