Elder Rights
Elder Rights
Abuse and Older People: What is it?
The Three Basic Categories of Elder Abuse?
Domestic abuse refers to maltreatment of an older person residing in his/her own home or the home of a caregiver.
Institutional abuse refers to the maltreatment of an older person residing in a residential facility, such as a nursing home, retirement center, foster home, or board and care home.
Self-neglect refers to the conduct of an older person living alone which threatens his/her own health or safety.
The Four Most Common Types of Elder Abuse?
Physical abuse - the infliction of physical pain or injury, e.g., slapping, bruising, sexually molesting, restraining.
Psychological abuse - the infliction of mental anguish, e.g., humiliating, intimidating, threatening.
Financial abuse - the improper or illegal use of the resources of an older person, without his/her consent, for someone else's benefit.
Neglect - failure to fulfill a caretaking obligation to provide goods or services, e.g., abandonment, denial of food or health-related services.
Reporting Suspected Abuse or Neglect
To report suspected abuse or neglect of an older person in Tarrant County, call the Texas Department of Protective & Regulatory Services at 817-735-9381. To report suspected abuse or neglect of an older person anywhere in Texas, call 1-800-252-5400.
Ombudsman Program
In Tarrant County, 12,000+ older residents live in a nursing home, skilled nursing unit or some other type of residential facility. We provide funding to the Mental Health Association of Tarrant County for the Long Term Care Ombudsman Program, which assists these residents.
An ombudsman is a specially-trained and certified staff member or volunteer who advocates for quality care in Texas nursing facilities. Ombudsmen provide information to older adults and their families about rights and procedures and help identify additional resources in or out of care facilities. They also identify, investigate and resolve complaints by, or on behalf of, nursing facility residents.
Older adults and their families should try to resolve problems and differences with the residential facility staff whenever possible. In Tarrant County, when this is not possible or when the resident or family is unsure, a local ombudsman should be called at 817-335-5405.
The ombudsman volunteer or regional staff ombudsman will assess the concerns and recommend possible courses of action. Often the ombudsman can resolve the problem without involving other groups or agencies. Sometimes the resident council or family support group is involved in the resolution.
When the ombudsman can’t resolve the problem, or when it involves serious abuse or neglect, the complaint is referred to the Texas Department of Aging and Disability Services or other appropriate agency. In all situations the complaint is handled confidentially, and information is not released without approval of the resident or legal guardian.
The Ombudsman Program is also a good source of information about selecting a long-term care facility, eligibility criteria, residents’ rights and other services for the elderly.
For more information about the Ombudsman Program or to volunteer, call 817-335-5405.
Guardianship Services
In Tarrant County, many older adults without a living relative or spouse live in nursing homes, assisted living facilities or personal care homes. For some of these individuals, a legal guardian is necessary in order protect their well-being and safety. Legal guardians are court-appointed individuals who assist adults who can no longer cope with the demands of managing personal and business affairs.
The Area Agency on Aging provides funding to Guardianship Services Inc., which recruits, trains and supports volunteers who serve as guardians of a person, a person’s estate, or both. Volunteers must be able to obtain a bond, be willing to undergo a background check, and meet probate court requirements concerning character and education.
Volunteer guardians affiliated with Guardianship Services receive more than 10 hours of training before they are appointed, and monthly in-service sessions. All are asked to submit monthly reports to program staff and be willing to serve at least one year. Volunteers also make yearly reports to the probate court and are monitored at least annually by Guardianship Services staff. More than 1,000 clients have had volunteer guardians since the program began in 1985.
Guardianship is an extreme measure that involves removing rights. It should be used only when there are no other alternatives. When adults become incapacitated by disease or other causes, they become vulnerable to abuse, neglect or exploitation, and guardianship literally can be a lifesaver.
To be eligible for a guardian, an individual must meet probate court requirements and be an adult living in Tarrant County who has no family member suitable to serve as a guardian. Attorneys, health care provides and other interested parties make referrals to the probate courts. After investigation by probate court personnel or appointees, the client is referred to Guardianship Services Inc.
For more information about Guardianship Services Inc. or to volunteer, call 817-921-0680.
