Marcia Grau commented on Contact Us 2017-08-28 09:26:15 -0500August 28, 2017
I am writing to request that you help correct House Bill 3921. I do not believe that this legislation was thought through by the people who approved it.
Based on the 2017 – 2016 population demographics for Texas there are roughly 2.5 million residents in Texas that are 65 or older. This bill assumes that EVERY ONE of them is financially incompetent based on nothing more than their age. It allows persons with no interest in their well-being to withhold access to account-holders’ funds without any recourse, safe guards or due process for the account-holders. There is no process mentioned in the bill for regaining access to their blocked accounts or steps to prevent misuse of the power that has arbitrarily with NO justification required handed over to financial institutions.
I found the below statements posted on The Texas Attorney General’s website.
“Right to Dignity and Respect
An elderly person has the right to be treated with dignity and respect, without regard to race, religion, nationality, sex, age, disability, marital status, or source of payment. This means that the elderly person has the right to:
- Make his or her own choices about personal affairs, care, benefits, and services, and
- Be free from abuse, neglect, and exploitation.
Right to Manage Financial Affairs
An elderly person may manage his or her own personal financial affairs, or may authorize another person to do so in writing. The elderly individual may choose the manner in which his or her money is managed by another person, and may choose the least restrictive of methods, such as:
- a money management program,
- a representative payee program,
- a financial power of attorney, or
- a trust or similar method.
A person designated to manage an elderly individual’s money must comply with all applicable policies, laws and rules. On request, the designated person shall make available the related financial records and provide an accounting of the money. Designating a person to manage their money does not affect an elderly person’s ability to exercise other rights. However, if an elderly person has a guardian designated by a court, the guardian shall manage the person’s money in accordance with the Probate Code and other applicable laws.
Elderly people may want help with their finances, but unless they hand control over to another, they have the same right as anyone else to receive, spend, invest, save, or give away their money. In situations where a nursing home, family member or guardian has been granted permission to manage a person’s money, that person still has the right to decide how his or her
money will be managed, and to receive a full financial accounting.
Sometimes a family member, “friend,” or nursing home takes control of an elderly person’s money without that person’s permission—often for his or her “own good.” This may be a violation of the person’s rights, and should prompt a call to The Department of Family and Protective Services or a reputable attorney for advice.”
This bill replaces the above statements with “Any random financial employee knows better than anyone who has reached the age of 65.”
Please help get the word out to correct this bill and make it clear that House Bill 3921 is completely subject to the existing laws that offer safeguards against stripping protections away from citizens ONLY based on their age. If that is impossible, then this bill should have the age part removed. If it is such a great idea, I am sure that everyone under 65 would also enjoy being protected from themselves.
Marcia L. Grau
1001 Lorrie Drive
Richardson, TX 75080
Thank you for reaching out to the Libertarian Party of Texas. We are highly responsive to comments on this page but if you wish to contact us another way here is our contact info.
111 Congress Ave Suite 400, Austin, Texas 78701
Toll-Free: (800) 422-1776
Phone: (512) 279-7860
Fax: (512) 233-0613Send feedback