Elder Law

Elder Law Attorneys Serving Arlington And Neighboring Communities

Elder LawAs people age, complicated legal issues often arise which older adults and the people who care for them have never encountered before. We’re committed to helping you and your family navigate these issues by providing answers, plans, and support. We’re highly experienced in several legal areas that concern seniors, including:

Long-Term Care

More and more families have concerns about long-term care for their elderly loved ones as the population ages. Almost all families are affected by elder law issues at some time. Brandy Austin Law Firm can advise families on what type of care is necessary and help obtain the best care available for your friend or relative. Our attorneys have close relationships in the long-term care industry and can help clients find the care best suited for them.

Finding Financial Help

Many individuals and families have concerns about how they will be able to afford any type of long-term care once needed. 70% of adults age 65 and older will have some long term care needs in their lifetime. Long Term Care or nursing home costs in Texas is estimated to be around $6,500 per month or $78,000 per year for a private room and $5,400 per month or $65,000 per year for a semi-private room. The risk is high and the impact can be devastating. With our knowledge, experience, and understanding, we will help you plan for and accomplish the best possible care for you and your loved ones.

Get the Information You Need From Our Texas Elder Law Attorneys

While we often have to communicate with caregivers, including spouses, children, doctors, social works and home aides, our focus remains on our elderly clients. We work diligently to make sure we represent are protect their interest to allow them to continue to enjoy a high quality of life as they age.

Contact our office today to discuss your questions with one of our experienced Texas Attorneys. We offer a free 30-minute consultation to all new clients. You can reach us by phone at 682-747-6854, toll free at 817-841-9906 or through our online form.

Can I install a surveillance camera in my elderly loved one’s nursing home room?

Each year thousands of elderly people are abused or neglected in nursing homes across the U.S, as a elder law lawyer in Arlington, TX can explain. It is a cruel form of victimization that affects some of the most vulnerable people; these being elderly, incapacitated, or otherwise intellectually disabled. Unfortunately , most of  these people are dependent upon the support and care of another person at the facility. Without paying close attention to your loved one and the facility, many forms of abuse can go unnoticed. Due to the appalling number of nursing home neglect and abuse cases in the country, spouses, sons, daughters, and other family members are choosing to take extra precautionary measures to ensure this is not happening to their own loved one. Surveillance cameras have became one of the go to choices for some people; however, they’re not always allowed in a home and when they are, many rules apply.

If you are wondering whether or not a surveillance camera can be installed in your elder loved one’s quarters, please read over the following information. Bare in mind that this is only general information and may not apply to all states or circumstances. To confirm your question, you can call a elder law lawyer in Arlington, TX from Brandy Austin Law Firm, PLLC.

Surveillance footage depicting abuse or neglect of an elder can be a powerful form of evidence, and will almost certainly benefit your case. It may also give everyone peace of mind in knowing their loved one cannot be taken advantage of. However, your right to install surveillance cameras in a nursing home lays within a grey area.

If you ask around, you might be told that federal laws prohibit surveillance cameras in a nursing home; even when consent is granted by the elder resident and/or their family. Others might explain that it depends on the facility and state.

The Health Insurance Portability and Accountability Act (HIPAA) is a federal act regarding privacy and is intended to prevent the wrong person from having access to medical records. Due to the way in which this act is written, nursing homes are using it to their advantage and making it difficult for people, including resident’s and family, to obtain records that indicate abuse or neglect.

HIPAA does not explicitly say that cameras cannot be installed in homes, but rather that as long as the device is owned and installed by the resident or family members, it is okay — as a elder law lawyer in Arlington, TX can explain. That being said, this would still only apply when a nursing home also allows them.

Currently there are eight states with legislation that give residents the right to install cameras in their room. Other states are also considering following suit. If you’re state has not passed a law like this, you can ask the facility. In general, if the facility does not allow cameras in residents rooms it is not a good sign. On the other hand, a facility might deny you of installing a camera and explain they have concerns about the privacy of other patients. Should you be denied, it is advisable to ask the facility to provide you with a notice of denial in writing.

Concerns and Arguments Made by Lobbyists

A large part of the nursing home industry does not want cameras in the rooms of resident’s, as a . This is not because all of these facilities are neglecting their patients, but rather should any disputable matter arise, it will be recorded. Thus, millions of dollars in legal expenses could be lost. Furthermore, legal experts are discussing the ability of a person who has dementia or other neurological or cognitive issue to consent to surveillance. In other situations, one roommate is consenting and another is not. What is known is that prior to a camera being installed, all parties who will be in the room must give their written consent. This includes the parties living inside and any staff who will enter the room.

If you have placed a camera in an elders’ room without the facility knowing, any evidence that is recorded will likely be dismissed. If you suspect abuse or neglect taking place, regardless of whether or not you have surveillance footage, please call a elder law lawyer in Arlington, TX as soon as possible.

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“Y’all take excellent care of your clients. We have never worked with a firm as kind & helpful as you guys are to our practice members! Thank you Brandy Austin Law Firm for always going above & beyond to help people.”

Lauren Jessup Alvarado DC
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