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Texas law

Elder Laws in Texas.

Texas elder-law practice covers Medicaid long-term care planning, powers of attorney, advance directives, guardianships through the Statutory Probate Courts or County Court, nursing home resident rights, and Adult Protective Services. Texas follows the federal 60-month Medicaid lookback. Texas Department of Family and Protective Services administers Adult Protective Services. Texas has enhanced penalties for exploitation of elderly persons and disabled individuals.

Last verified: 2026-04-17

State law

Key Texas Statutes

GuardianshipTex. Estates Code § 1001.001 et seq.

Guardianship of incapacitated persons is adjudicated in the Statutory Probate Court (major counties) or County Court. Less restrictive alternatives preferred (2015 reform). Annual reporting required.

Statutory Durable Power of AttorneyTex. Estates Code § 751.001 et seq.

Texas authorizes statutory durable powers of attorney for financial matters. Powers may be durable and continue through principal's incapacity.

Medical Power of AttorneyTex. Health & Safety Code § 166.151 et seq.

Authorizes designation of agent to make medical decisions. Statutory form available.

Directive to Physicians (Living Will)Tex. Health & Safety Code § 166.031 et seq.

Texas's statutory living-will form for end-of-life decisions.

Medicaid Long-Term Care42 U.S.C. § 1396p; TX Medicaid rules

Federal 60-month lookback on asset transfers. Texas Medicaid administered by Texas Health and Human Services.

Adult Protective ServicesTex. Hum. Res. Code § 48.001 et seq.

APS investigates reports of abuse, neglect, and exploitation of vulnerable adults. Certain professionals are mandated reporters.

Enhanced Penalties for ExploitationTex. Penal Code § 32.53

Criminal statute for financial exploitation of elderly (65+) or disabled adults. Felony penalties escalate based on amount taken.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Texas.

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