February is Elder and Disability Law Resources Month

Photo by micheile henderson on Unsplash

Elder law and disability law are closely related areas of legal practice that focus on protecting the rights, autonomy, and well-being of older adults and people with disabilities. In Texas, these legal issues intersect with state-specific laws, public benefits programs, and agencies that can be difficult to navigate without reliable information and planning.

This brief overview introduces key topics in Texas elder and disability law and points readers toward trusted resources for learning more.

What Is Elder Law?

Elder law addresses legal issues commonly faced by older adults, particularly as they age or experience changes in health, capacity, or independence. In Texas, elder law often includes:

• Advance care planning (living wills, medical powers of attorney, and directives to physicians)

• Guardianship and alternatives to guardianship under the Texas Estates Code

• Estate planning basics, including wills and probate considerations

• Public benefits such as Medicare, Medicaid, and long-term care Medicaid eligibility

• Elder abuse, neglect, and financial exploitation protections

What Is Disability Law?

Disability law focuses on protecting the civil rights and access needs of people with physical, intellectual, developmental, sensory, and mental health disabilities. In Texas, this area commonly includes:

• Disability rights and anti-discrimination protections

• Special education and transition-age planning

• Public benefits, including SSI, SSDI, Medicaid, and Medicaid waiver programs

• Supported decision-making as an alternative to guardianship

• Accessibility, accommodations, and housing issues

Selected Resources

• Elder Law (Texas State Law Library Research Guides)

• Guardianship - What is it, when do I need it, and how do I become a guardian? (Neighborhood Recovery-Webinar)

• Safeguarding Our Seniors (Texas Young Lawyers Association-Video)

• Seniors and the Law (TexasLawHelp.org)

• Seniors and the Law: A Guide for Maturing Texans (Texas Young Lawyers Association)

Local Legal and Social Support Organizations

• Adult Protective Services - DFPS Texas

• Advocacy, Inc.

• The Arc of Harris County

• Disability Rights Texas

• Harris County Area Agency on Aging

• Harris County Attorney’s Office - Elder and Disability Law Division

• Harris County Services for Vulnerable Adults - Adult Services Division

• Texas Legal Services Center - Senior Care, Retirement, and Estate Planning

Additional print resources are available at the Law Library in our Self-Help collection and/or in our Lexis eBook Digital Collection, including titles such as the following:

• A Road Map to Guardianship Alternatives (State Bar of Texas)

• Divorce in the Golden Years (ABA)

• Don’t Let Dementia Steal Everything (ABA)

• Elder Law in a Nutshell (West Academic Publishing)

• Equal Employment of Persons with Disabilities (ABA)

• Ethics in the Practice of Elder Law (ABA)

• Residence Options for Older or Disabled Clients (ABA)

• The Law of Later-Life Healthcare and Decision Making (ABA)

• Understanding Elder Law (ABA)

• Wise Moves: Checklist for Where to Live, What to Consider, and Whether to Stay or Go (AARP, ABA)