Guardianship Reform Advocates

For The Disabled & Elderly

Signs of Abuse, Neglect and Exploitation of the Disabled & Elderly

Unexplained injuries
The ward has anxiety of caregivers or Guardian
The caregiver or guardian does not allow the ward to answer questions
Unexplained sexually transmitted diseases
Untreated medical conditions
Unexplained changes in bank accounts or estate planning documents
Neglect or exploitation
Over-medication also known as chemical restraints
The caregiver or guardian does not share medical information with family
The caregiver or guardian does not allow visits with ward
Isolation /
Depression / Withdrawn
Bruising and Bed Sores
Caregiver or Guardian unwilling to accept input from ward or family or friends

Texas Department of Aging and Disability Guidelines for Antipsychotic Drugs

Appropriate use of antipsychotic medications is based on a clinical indication for its use. The definition of an appropriate clinical indication for antipsychotic use includes the CMS accepted indications (psychosis, delusions, schizophrenia, specific personality disorders, Tourette’s disorder, Huntington’s disease, or specified organic brain syndromes), and non-CMS reported indications (paranoia, obsessive-compulsive disorder, impulse-control personality disorder, hemiballismus, and Meige’s syndrome).

Specific behaviors which are not appropriate for antipsychotic use include:

  • Wandering;
  • Poor self-care;
  • Restlessness;
  • Memory impairment;
  • Anxiety;
  • Depression without psychosis;
  • Insomnia;
  • Unsociability;
  • Indifference to surroundings;
  • Fidgeting or nervousness;
  • Uncooperativeness; and
  • Agitated behaviors not causing a danger to him or herself or to others.

Texas Adult Protection Legal Definitions

Chapter 48 of the Texas Human Resources Code also includes the following definitions of maltreatment:

Abuse is defined as "willful infliction of injury, unreasonable confinement, or cruel punishment" and includes:

  • scratches, cuts, bruises, and burns;
  • welts, scalp injury, and gag marks;
  • sprains, punctures, broken bones, and bedsores;
  • confinement;
  • rape and other forms of sexual abuse; and
  • verbal and psychological abuse.

Neglect is defined as "the failure to provide for one's self the goods or services which are necessary to avoid physical harm, mental anguish, or mental illness, or the failure of a caretaker to provide such goods or services" and includes:

  • malnourishment and dehydration;
  • over- or under- medication;
  • lack of heat, running water, or electricity;
  • unsanitary living conditions;
  • lack of medical care; and
  • lack of personal hygiene or clothes.

Exploitation is defined as "the illegal or improper act or process of using the resources of an elderly or disabled person for monetary or personal benefit" and includes:

  • taking Social Security or Supplemental Security Income (SSI) checks;
  • abusing joint checking accounts; and
  • taking property and other resources.

DISCLAIMER: The information presented here is not intended to serve as legal advice or to take the place of a professional legal consultation. The creators of this web site shall have neither liability nor responsibility to any person or entity with respect to any loss or damage alleged to be caused directly or indirectly by the information presented on this web site.

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