Texas Elder Law Questionnaire

State:
Multi-State
Control #:
US-Q1013
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in an elder law matter, such as wills, asset protection, disability planning, and more. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

What Other Programs Can Help Me? Medicaid. Medical Transportation Program. Medicare. Social Security. Supplemental Security Income. Texas Simplified Application Project.

Injury to an Elderly Person Texas Penal Code Section 22.04 There are differing degrees of criminal penalties for an Injury to an Elderly Person. All penalties for Injury to an Elderly person are felonies. These penalties range from state-jail felony (the lowest level of felony) all the way up to a first-degree felony.

In Texas, undue influence is defined through a three part test: First, there must be the existence and exercise of influence over the elderly individual at issue. Second, that influence must act to subvert or overpower the elderly individual's mind on trust matters.

To prove undue influence, a party must show that one party to the contract is a person with weaknesses which make him likely to be affected by such persuasion, and that the party exercising the persuasion is someone in a special relationship with the victim that makes the victim especially susceptible to such ...

A ?power of attorney? is a written document that authorizes someone (referred to as the agent) to make decisions or take actions on someone else's (known as the principal) behalf.

The elderly have the same civil rights as other adults under U.S. and Texas laws, except where lawfully restricted. They also have the right to use those civil rights free of interference, coercion, discrimination, and reprisal.

The Texas law against financial abuse of an elderly individual prohibits knowingly engaging in the wrongful taking, appropriation, obtaining, retention, or use of money or other property of an elderly person or for a person who knowingly assists in such conduct, by any means, including by exerting undue influence and ...

Undue influence often arises when a friend or family member falls ill. For example, mom has been diagnosed with cancer and her boyfriend influences her to change her estate plan so that all mom's assets go to him instead of to her kids.

To prove undue influence in Texas, you will have to prove all three of the following elements: The existence and exertion of an influence. In other words, you must be able to identify the person who coerced your loved one and show that they had the opportunity to exert control over them.

Some of the ways undue influence manifests are: tacitly exerting control over another's business, influencing their estate planning decisions, or even swaying their medical decisions, such as encouraging them to relocate to an assisted living facility if it benefits the influencer.

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Texas Elder Law Questionnaire