ASHER & STOCKFORD P.C. Attorneys and Counselors at Law (972) 377-8181 1. If I have an auto accident, do I have to stop? Yes. If you drive away, you can be charged with “hit and run”—even if the accident was not your fault. Hit-and-run penalties are severe. Depending on the damage or injuries, you may be fined, sent to jail or both. You also could lose your driver’s license. If you hit a parked car or other property, try to find the owner or driver. If you cannot, the law says you may drive away only after you leave behind your name, address and an explanation of the accident, and the name and address of your car’s owner (if other than yourself). You also must notify the local police or the Highway Patrol either by telephone or in person as soon as possible. An officer who comes to the scene of the accident will conduct an investigation. If an officer doesn’t show up, you must make a written report on a form available at the police department as soon as possible. 2. What should I do if someone is injured? The law requires you to give reasonable assistance to injured persons. For example, you may need to call an ambulance, take the injured person to a doctor or hospital, or give first aid—if you know how. If you are not trained in the appropriate first aid procedures, do not move someone who is badly hurt; you might make the injury worse. However, you should move someone who is in danger of being hurt worse or killed (for example, in a car fire)—even if you do make the injury worse. Placing flares on the road (if there are no flammable fluids or items nearby), turning on your car’s hazard lights and lifting the engine hood are usually good ways to warn others on the road. Arrange to get help for any injured persons, and try not to panic. 3. How can I get help? As soon as you can get to a telephone, call 911. Explain the situation and give the exact location of the accident, so help can arrive quickly. Be sure to mention whether you need an ambulance or a fire engine. Remain on the telephone until the operator tells you it is okay to hang up. Or, flag down a passing car and ask the driver to go for help. The driver may have a cellular phone in the car and can make an emergency call on the spot. 4. What information should I gather at the accident scene? Since many records now are confidential under the law, you may not be able to obtain the information that you want from the authorities. So be sure to get as much correct and complete information as you can at the scene of the accident. You and the other driver should show each other your driver’s licenses and vehicle registrations. You should write down the following information: • The other driver’s name, address, date of birth, telephone number, driver’s license number and expiration date, and insurance company. • The other car’s make, year, model, license plate number and expiration date, and vehicle identification number. • The names, addresses, telephone numbers and insurance companies of the other car’s legal and registered owners—if the driver does not own the car. • The names, addresses, dates of birth, driver’s license numbers and telephone numbers of any passengers in the other car. • The names, addresses and telephone numbers of any witnesses to the accident. Ask them to stay to talk to the police. If they insist on leaving, ask them to tell you what they saw and write everything down. • Try to identify people at the accident scene, even if they will not give their names. For example, if someone who saw the accident drives off, take down his or her license plate number. Law enforcement officials can trace the owner’s name and address. • The name and badge number of the law officer who comes to the accident scene. Ask the officer where and when you can get a copy of any accident report. • A simple diagram of the accident. Draw the positions of both cars before, during and after the accident. If there are skid marks on the road, pace them off. Draw them on the diagram, noting the distance they cover. Mark the positions of any crosswalks, stop signs, traffic lights or streetlights. If you have a camera with you, take pictures of the scene, and of the other drivers and occupants. However, do not place yourself in a position of danger in order to complete an accident diagram and skip any measurements that could place you in a position of harm. Make notes, too, on weather and road conditions. If the accident happened after dark, note whether the streetlights were on. Estimate your speed and that of the other vehicle. Be sure to record the exact time, date and place the accident happened. 5. If I think the accident was my fault, should I say so? Do not volunteer any information about who was to blame for the accident. You may think you are in the wrong and then learn that the other driver is as much or more to blame than you are. You should first talk to your insurance agent, your lawyer or both. Anything you say to the police or the other driver can be used against you later. Do not agree to pay for damages or sign any paper except a traffic ticket (see #6) until you check with your insurance company or lawyer. 6. What if I get a ticket? Sign it. A ticket has nothing to do with your guilt or innocence. When you sign, you are only promising to appear in court to contest the ticket, or to pay it later if you wish. If you do not sign the ticket, the police officer can arrest you. While it is okay to sign the ticket, you may want to talk with your lawyer before you pay a fine or plead guilty to the charges. Find out if you can attend traffic school instead. If you plead guilty, you may hurt your chances of collecting damages from the other driver later. Or, you may help the other driver to collect damages from you. 7. Do I need auto insurance? Texas’s compulsory financial responsibility law requires that every driver and vehicle owner have insurance or other proof of financial responsibility. You must carry written evidence of financial responsibility whenever you drive. For most of us, that means evidence of an automobile insurance policy. Often, that evidence takes the form of an insurance card issued by your insurer, but you can also write your automobile insurance policy number on the back of your vehicle registration. You may also carry other evidences of insurance which are mandated by law. 8. Should I get a physical checkup after the accident? A checkup may be a good idea for both you and your passengers if any of you have concerns about your health. You could be injured and not know it right away. You may wish to call your doctor or another health care provider for advice. If you are injured, you should consult with your attorney or report the injury to your insurance company. 10. Who pays if I’m injured or my car is damaged? That depends on who is at fault, whether you and the other driver have insurance and what kind of insurance you have. There are two major types of automobile insurance: “liability” and “collision.” • Liability. If you are to blame for an accident, your liability insurance will pay the other driver for property damage and personal injuries up to your policy’s limits. If you are not at fault, the other driver’s liability insurance pays for your car damage and/or personal injuries up to the policy limits of the other driver’s policy. • Collision. No matter who is at fault, your collision insurance pays for damages to your car (not your medical expenses), minus the policy deductible. • You may have other insurance too. Your health insurance, for example, may pay your medical bills. Also, your automobile insurance may have medical payments coverage. If so, it can pay the cost of your necessary medical treatment up to your policy limits. 11. What should I do if the other driver does not have insurance? If the other driver caused the accident and is not insured, your own policy can pay for your personal injuries—if you have “uninsured motorist” or “medical payments” coverage, up to your policy limits. If the other driver’s insurance is not enough to pay for all of your damages, your own insurance may pay the difference—if you have “underinsured motorist” coverage. If you do not have these kinds of insurance or if your damages are more than the policy’s limit, you can sue the other driver. However, even if you win the case, you cannot be sure that the other driver has the money to pay. 12. What if someone sues me? Contact your insurance agent and/or your lawyer right away. Generally, your insurance company will assign a lawyer to handle your case. But, if you are sued for more money than your policy covers, or if your insurance company indicates it may not cover you for everything, you may also need your own attorney. Also, insurance company lawyers do not handle traffic citations or criminal cases, such as hit-and-run charges. 13. What if I want to make a claim for my injuries? If the other driver was at fault, you may be entitled to compensation—for your personal injuries, car damage and other expenses, such as lost wages or the cost of a nurse needed after the accident. You should not make a claim with the other driver’s insurance company without consulting a lawyer who can explain your rights and possible recoveries. After negotiations, usually conducted by your attorney, you may want to sue. If you plan to sue on your own, do not delay. There are time limits for filing various types of claims—usually two year after the accident for personal injuries, but sometimes much less—so act quickly. If you want to sue for a larger amount, you will need your own lawyer. An insurance company lawyer cannot represent you if you are the person who is suing (the “plaintiff”). Many lawyers take auto accident cases on a “contingency fee” basis. That means you do not pay the lawyer his or her attorney fees if you lose the case. If you win, you pay the lawyer a percentage of the money you get. Most lawyers charge a smaller percentage if the case is settled before the lawyer does all the work necessary to go to trial. If you and your lawyer agree to a contingency fee, the lawyer must put the agreement in writing and give you a signed copy. The contract should explain what percentage the lawyer will get if you win and how it might vary. It also should state who will pay for any court or other costs. IN SUMMARY: Protect Yourself and Others: • Drive defensively. • Don’t drive after drinking. • Make sure you and your passengers wear seat belts. • Use appropriate and properly installed car seats for small children. • Have adequate insurance coverage. If An Accident Happens: • Stop. • Help or get help for injured people. • Warn motorists (use flares, hazard lights). • Call 911 to contact the police or Highway Patrol if an injury or death occurs. • Take notes on the accident. Write down information about the other driver and car, witnesses, passengers, accident location and more. • Cooperate fully with law officers, but speak with your insurance agent and/or lawyer before accepting any blame. After An Accident: • Call or see your physician if you have any health concerns. • Report the accident to your insurance company. • Report the accident to the proper police department if someone is injured. • Make a claim with your insurance company and/or the other driver’s to pay for your injuries and losses. • Contact a lawyer if you are sued or if you want to make a claim. DISCLAIMER: The purpose of this information is to provide general information on the law, which is subject to change. If you have a specific legal problem, you may want to consult a lawyer. 1. Why might I need a lawyer? Basically, legal advice is like medicine: You can take some to cure problems and some to prevent them. You need legal advice to cure problems if you are accused of committing a crime, if you are being sued or if you want to sue someone. A lawyer also can help you if you want to get a divorce, if you need to file for bankruptcy and for many other problems. Sometimes, you can add to your problems by failing to call a lawyer immediately. Suppose you are arrested or involved in an auto accident. In these and other cases, witnesses should be interviewed and evidence gathered as soon as possible. You should contact a lawyer right away. Preventive legal advice often can save you time, trouble and money by stopping problems from getting started. If you are not completely sure what the agreement says you must and must not do, you should find out before you sign. Maybe you are going to start a business with a partner. A lawyer can point out the advantages and disadvantages of various partnership arrangements. These are just a few of the many occasions when lawyers can help you understand your rights and solve problems. 2. How do I find a lawyer? Recommendations are a great source for attorney referals. Maybe you know a lawyer in a town where you used to live. Perhaps a lawyer who works for a corporation lives across the street. These lawyers can refer you to other lawyers who have experience with your kind of problem. You also can ask your friends, co-workers and employers if they know any lawyers as well as calling certified lawyer referral services. You can look in the Yellow Pages of your telephone directory for listings at the beginning of the “Attorneys” section or contact the local bar association. Advertisements and the Internet are sources of attorney referrals. Some lawyers and law firms advertise on the Internet. Nonprofit public interest organizations, such as groups concerned with civil liberties and housing discrimination, may be able to help you. Free legal aid agencies can sometimes help if you cannot afford a lawyer. Depending on your income and the kind of legal problem you have, you may be able to get free help in non-criminal cases from a legal services program such as a legal aid society. Check the white pages of your telephone book to see if such an organization is located in your area. Suppose you are accused of committing a crime. If you cannot afford a lawyer, you may qualify for free help from the public defender’s office. Look in the white pages of the telephone book under the name of your county. What if there is no public defender in your area? Then, in most cases, a judge will appoint a private attorney to represent you without charge. 3. What should I look for in a lawyer’s advertisement? Lawyers are allowed to advertise in the Yellow Pages, newspapers and magazines, on radio and television, on billboards or any place else—as long as their ads do not contain false or misleading information. Lawyers may use their ads to list the fields of law they practice. If the ad mentions a “simple will” or “uncontested divorce,” ask what the work covers and whether there will be additional charges for a more complicated case or for any expenses involved. If you decide to call a lawyer after seeing an advertisement, keep the ad so you will not forget what it says about the lawyer’s practice. If the advertisement was on the radio or television, be sure to make notes. 4. How will I know which lawyer is best for me? Before you meet with a lawyer, you may want to do some “comparison shopping.” If so, make a list of several lawyers. Telephone each lawyer on your list and ask for information that will help you make a decision. Some lawyers, however, may want to meet briefly with you instead of discussing your problem on the telephone. You may want to ask how much experience the lawyers have had with problems like yours and how recently they handled a similar case. Ask the lawyers if they will charge to meet with you to discuss your case before you decide which lawyer to hire. If there is a fee, ask how much it will be. In any case, lawyers have commitments to clients, so you should not expect a long first meeting; 15 minutes to a half-hour is average. 5. Should I hire the lawyer? That depends on how you feel after your first meeting with the lawyer. Before the meeting, make notes about your problem so that you can easily go over the important points with the lawyer. Bring the names, addresses and telephone numbers of everyone connected with your case. You also should bring all papers involved in your case. Some lawyers may ask to see the papers before the meeting. Ask to hear about cases like yours that the lawyer may have handled. Remember: Age may have nothing to do with the lawyer’s ability to help you. A lawyer who has practiced 20 years may have less experience with your type of problem than a lawyer who is three years out of law school. You may want to ask if the lawyer will work on your case personally. If the lawyer intends to have another member of the law firm handle all or part of your case, you may want to talk with the second lawyer, too. You should know that most lawsuits and other legal work are not “sure things.” You should be cautious of an attorney who guarantees results. However, a lawyer will be able to tell you the strengths and weaknesses of your case. If you do not understand everything the lawyer tells you, ask for an explanation in simpler language. Find out about how long the lawyer expects your case might take, what steps will be involved and how you will be charged. You can decide to hire the lawyer at your first meeting, or you can take time to think about it. You might want to ask yourself these questions: • Will you be comfortable working closely with the lawyer? • Do you believe the lawyer has the experience and skill to handle your case? • Do you understand the lawyer’s explanation of what your case involves? • Does the fee seem reasonable? 6. How closely will I be involved in my lawyer’s work? That depends on the arrangement that you and the lawyer work out. You may be able to help by getting papers and other evidence together and by lining up witnesses. Even if you do not help in these ways, you must be sure to tell the lawyer everything you can and to report any new developments right away. In order to do a good job for you, the lawyer must know everything you know—even if you believe the information harms your case and even if it seems unimportant. If you have any questions as your case moves along, call the lawyer. But remember: Depending on the fee arrangement, you may be charged for the time the lawyer spends talking to you. 7. Is it important to have a fee agreement? Yes. No matter what the amount, no one likes to pay legal fees. Therefore, it is important for you and your lawyer to agree about what you will pay the lawyer and what services the lawyer will perform. This way, both of you will know what to expect from each other as you work together on your case. By law, fee agreements must be in writing when the lawyer expects the fees and costs to be $1,000 or more. If you do not have a written agreement, you may still have to pay the lawyer a reasonable fee for any work done—even if the lawyer should have given you a written agreement but didn’t. It is always a good idea to have a written record of what you and the lawyer agreed to do. If there is a written agreement, get a copy for your records; if you have an oral agreement, make a written note of it. Your fee agreement should set out the services the lawyer will perform for you, and the type and amount of fees you will be expected to pay. Some suggested questions: • How will the lawyer bill for his or her time? (See the section below on the different kinds of fees lawyers charge.) • Who else will be working on the case—associate lawyer, legal assistant, paralegal? How will that time be billed? • What can be done to reduce fees and costs? • What is the lawyer’s estimate of the total charges? Keep in mind that an estimate is just that—a calculated guess as to how much the fees and costs will be. The total amount is subject to change as circumstances change. The lawyer may have a pre-printed fee agreement for you to sign. You can always ask the lawyer to change parts of the agreement or make up a new one especially for you. 8. Do all lawyers charge the same kind of fee? No. There are several kinds of fee arrangements and most agreements between you and a lawyer must be in writing. If the fee arrangement is for a “contingency fee”—which means that the attorney will take a percentage of your settlement if you win the case—the agreement must be in writing. And, it must include, among other things, the percentage you have agreed on. With non-contingency arrangements, the fee agreement must include the lawyer’s hourly rate and other standard rates, fees and charges that would apply to your case. It also must include an explanation of the general nature of the services that the lawyer will provide for you. Sometimes it is impossible for a lawyer to know exactly how much time your case will take. Then, you can ask the lawyer to include in a written fee agreement or letter an estimate of the costs and time involved. But, you should keep in mind that many unexpected factors may affect the lawyer’s fee and that the actual cost may be greater than the estimate. 9. What additional out-of-pocket costs will I have to pay? The lawyer will charge you for the costs of your case in addition to the fees. You will be responsible for paying these costs even if your case is not successful. Costs can sometimes add up rather quickly. It is a good idea to ask the lawyer for a written estimate of what the costs will be. You can tell your lawyer that costs over a certain amount have to be approved by you in advance.Here are some typical costs: • Certified shorthand reporters charge for taking down testimony at depositions and trials and for providing written transcripts of that testimony. • Copying and facsimiles (faxes) are normally charged on a per page basis. Lawyers also may charge for secretarial time spent on these tasks and telephone charges. • Experts and consultants charge for their time in evaluating cases and testifying in court. • Filing fees are required by courts before they will accept legal papers. • Investigators charge for their time helping to gather facts for the lawyer’s clients. Investigators usually charge an hourly fee and also may charge for expenses such as mileage, meals and lodging. • Jury fees and mileage are paid to jurors in civil cases in an amount set by law. The party requesting the jury must pay these expenses in advance. • Postage, courier and messenger costs for mailing, shipping or personally delivering documents to you or others involved in your case. • Service of process fees charged by individuals who locate parties and witnesses and deliver legal papers to them. • Staff time for secretarial services, including overtime, word-processing time, etc. • Telephone bills for long distance calls. • Travel expenses for the lawyer while traveling on the client’s behalf. These charges can include gasoline, mileage, parking fees, meals, airfare and lodging. • Witness fees and mileage charges must be paid to people who testify at depositions and trials. The amounts are set by law. You also may need to pay travel expenses if a witness must be brought in from far away. 10. When is my lawyer’s bill due? Unless you have a contingency fee agreement, you very likely will be billed monthly. If you are paying an hourly fee, you may want the lawyer to get your permission before spending more than a certain amount of time on your case. You also may want itemized bills that show how the lawyer has spent time on your case. You also have a right to an itemized bill that lists expenses such as photocopying, telephone calls and travel costs. In fact, a lawyer must provide the bill within 10 days of the date that you request it. 11. What if I can’t pay? If your lawyer’s bill is accurate, but you cannot afford to pay it, contact your lawyer about making arrangements to pay over time or finding some other accommodation. You should know, however, that if you cannot reach an agreement about how to handle the problem, the lawyer may be entitled to stop working on your matter or withdraw as your lawyer. You also may want to ask if work can be postponed temporarily to allow you to lower the bill. If you think your lawyer’s bill contains an error or something you didn’t agree to, contact the lawyer immediately and try to resolve the problem. 12. What do I need to do to have a successful lawyer-client team? The answer to this is simple and straightforward: • Be sure that you and your lawyer have the same goals. • Be sure you understand and are comfortable with the lawyer’s working style. Be especially certain that you have a clear picture of the expected timetable of your case—when you can expect significant developments and when and how often the lawyer intends to contact you. • Be sure that you provide the lawyer with the information and documents necessary to understand your case. • Be sure you understand and agree with the lawyer’s billing practices. • Be sure that if you have questions or concerns about your legal matter, you express them to the lawyer and listen to the responses. By following these simple rules, you should have a productive and positive working relationship with your lawyer. DISCLAIMER: The purpose of this information is to provide general information on the law, which is subject to change. If you have a specific legal problem, you may want to consult a lawyer. Administering an Estate and Probate 1. What exactly is probate? It is a procedure used in court to determine whether a Last Will and Testament is valid or invalid. If the will is "admitted to probate" by the court it means it was found to be valid. 2. Is there a time frame in which one must file a will for probate? The hard, fast rule is that all wills must be filed for probate within four years of the date of death of the author of the will (this person is referred to as the "testator" if male and "testatrix" if female). However, there are a few exceptions to this rule. You should consult an attorney for these exceptions. 3. Is it a rule that a will must be probated? Although it is not mandatory that a will be probated, it is always a good idea to check with an attorney before deciding not to proceed with such action. There may be some legal issues involved of which you are unaware and which require the probate of the will. 4. Are there other alternatives to full administration of a will? Yes. They include: (1) probating the will as muniment of title; (2) filing a small estate affidavit; (3) filing an heirship determination; or (4) informal probate. 5. What is involved in probating a will as a muniment of title? This procedure will only be allowed by the court when the applicant can show that (1) the estate has no unpaid debts, excluding debts secured by liens on real estate, and (2) there is no necessity for administration. The will must still be proved valid at a hearing before the court; however, no executor will be appointed. The effect of an order admitting a will to probate as a muniment of title is strong in that it is legal authority to all persons (1) owing any money to the deceased; (2) having custody of any property of the deceased; (3) acting as registrar or transfer agent of any evidence of interest, indebtedness, property, or right belonging to the estate; or (4) purchasing from or otherwise dealing with the estate, for payment or transfer to the person named in the will as entitled to receive the particular asset, without any administration. In other words, after the will is admitted to probate as a muniment of title, the beneficiaries of the decedent's estate become the owners of the property outright. 6. What is required for a small estate affidavit? The requirements for the collection of a small estate by affidavit are that: (1) there is no will being offered for probate and no petition for dependent administration pending; (2) the value of all of the estate assets, not including homestead and exempt property, does not exceed $50,000; (3) 30 days has elapsed since the decedent's death; and (4) two disinterested witnesses file a sworn affidavit concerning heirship. 7. What effect does a small estate affidavit have? Persons dealing with distributees of assets from the small estate are released to the same extent as if they dealt with a personal representative of the estate. Distributees can bring action to force delivery of the estate property and the distributees will be liable to any creditors or anyone else having a prior right to the property. This procedure does not transfer title to real property, except for a homestead. 8. If a person dies without a will, who inherits? If a person dies without a will (or "intestate") the heirs and their shares of the estate must be determined in an heirship determination proceeding. In this proceeding, all facts concerning the identity of all heirs must be produced at a hearing. An attorney ad litem will be appointed by the court to represent the interests of any unknown heirs, known heirs who cannot be located, or heirs suffering from legal disability. 9. If a person dies intestate leaving a spouse, what will the spouse inherit? If the deceased person had no children, his or her surviving spouse will inherit all of the decedent's interest in the community property, all of the decedent's separate personal property, and one-half (or sometimes all) of the decedent's separate real property. If the decedent is survived by children or descendants of children all of whom were also descendants of the surviving spouse, the surviving spouse will inherit all of the community property, but only one-third of the separate personal property and a one-half interest for life in the decedent's separate real property. If the decedent is survived by children or descendants and at least one child who was not also a descendant of the surviving spouse, the surviving spouse will inherit none of the decedent's community property, one-third of the decedent's separate personal property, and a one-third interest for life in the decedent's separate real property. 10. How can a proceeding for heirship determination be used to avoid a dependent administration? An order determining heirship when coupled with an order of no necessity for administration constitutes sufficient legal authority to all persons owing money, having custody of property or acting as transfer agent of any interest, indebtedness, or property belonging to the estate, and for persons purchasing or otherwise dealing with the estate for payment or transfer to the heirs as determined in the court's order. 11. What is an informal probate? This is a procedure codified by the Texas Legislature in 1993 available to estates in which the decedent has died since September 1, 1993. This is a simplified procedure that can be used even by nonlawyers for the probate and administration of estates when there is a will but only very limited administration is required. Nursing Home Rights 1. Do I have any rights to care and comfort in a nursing home? Absolutely. When you enter the nursing home you will be asked to sign an admission agreement, which is an important document that helps define the legal relationship between you and the home. Do not sign the document until you have read it thoroughly and understand its import. Also, upon entering the nursing home you will receive a written statement from the home detailing your rights as a resident of a Texas nursing home and the home's rules and polices. If you do not understand these rules and rights or you are too ill at the time of entry to comprehend their import, the home must provide these rules and policies to your next of kin or the person of agency that is responsible for your care. Each resident of a Texas nursing home must acknowledge in writing receipt of these rules and policies and the fact that he or she understands their import. If these rules and policies are ever changed, the home must notify you of the changes. As a resident of a Texas nursing home you have the right to appropriate care, treatment, and services without prejudice of any kind. The law protects you from any type of mental or physical abuse. No one may restrain you with physical devices or drugs unless your physician has authorized such restraint for a specific period of time or restraints are necessary to protect you or others in an emergency. You further have the right to receive adequate medical care from the home that will allow you attain or maintain your highest practicable physical, mental, and psychosocial well-being, as well as meals that meet nutritional standards. The home is required to develop a plan for each resident that sets out how the home will meet the individual's needs and requirements. Nursing homes in Texas are required to stay clean and livable. The home should also remain in a safe condition, i.e., floors should not have slick finish and laundry carts should not block hallways. You cannot be forced to perform work on behalf of the nursing home. However, you are more than welcome to perform personal housekeeping tasks if you so chose. 2. Do I have any rights to association as a resident of a nursing home? Yes. You have the absolute right to see visitors and for them to see you. The home can have policies that determine the time, place, and manner for visitations. However, the home cannot deny you visitation with anyone. You also have the right to associate with people and groups both inside and outside of the home. The only manner in which your association rights may be limited is if your physician places a written visiting restriction order in your medical records after determining such visitations would be harmful to your health. You have the right to participate in a religion by attending religious services or seeing your pastor or clergyman. You have the right to vote unless you are under a legal guardianship. If you cannot get to the polls, the home must assist you in providing transportation. You also have the right to form councils to discuss issues, complaints, and conditions of the home. These councils can relay complaints to the home's administration or to the Texas Department of Health or the Texas Department of Aging. A meeting place must be provided by the home for such meetings. 3. Do I have the right to privacy as a nursing home resident? Yes. You have the right to personal privacy, private communication, and confidentiality in the nursing home. These privacy rights include but are not limited to the following: a. right to privacy during medical examinations, treatments, consultations or case discussions; right to private visits with your spouse (husband and wife have the right to live in one room unless a physician advises against it); b. right to privacy as to your mail; c. right to a telephone that is not a pay phone provided by the home (or you can put your own phone in if desired); d. right to confidentiality concerning your medical records (and any medical information overheard by a nursing home employee must be kept confidential); and e. right to keep and use your own personal property and clothing, although the home may limit the number of items a resident can keep for health and safety reasons. (The home must prepare a list of your personal items once you enter the home.) 4. Can the nursing home transfer me to another home? Generally speaking, no. There are certain situations, however, which will lend themselves to such a transfer. They include: a. Your physician says a transfer is necessary for your health and safety or that of others. b. The home closes or no longer participates in the program that pays for your care (i.e., Medicare/Medicaid). Your fees have not been paid (expect as prohibited by federal law); or c. A Medicare or Medicaid review decides you no longer require the type of care the homes provides. If you are to be transferred based on nonpayment of services, the home must give you and your family 30 days advance notice. If the transfer is based on some other reason, the home must provide as many days advance notice as is practicable, but no fewer than 5 days is allowed. You do have the right to appeal the transfer or discharge. To do this, you should contact either an attorney or the local Long Term Care Ombudsman immediately upon receiving the notice of transfer or discharge. If one resident spouse is to be transferred to another facility, the home must inform the other resident spouse of his or her right to be transferred to the same facility. This spouse must give the home a written request for transfer. 5. What do I need to know about nursing home charges? Once you enter a nursing home, you and any other persons who will pay for your care must receive a list of all the services provided by the home. The list must include which services are part of the basic rate and which services will incur an additional charge. This list must include charges for services not covered by Medicare, Medicaid, or other forms of health insurance. You and/or the persons paying for your care must receive a bill from the home at least once a month. You must be advised of any rate changes 30 days before the time in which they become effective. 6. Do I have the right to make a complaint against a nursing home? Absolutely. You may complain to anyone without reprisal under the law. You also have the right to examine, upon reasonable request, the results of the most recent survey of the facility and their plan of correction. 7. How do I make a complaint against a nursing home for violation of my rights? You can contact the Texas Department of Health or the Texas Department of Aging. Both agencies will investigate any complaint made. The Department of Health's toll-free number for nursing home complaints is 1-800-458-9858. The Texas Department of Aging sponsors 28 local area agencies on aging throughout Texas, each having at least one ombudsman on site. The toll-free number for the Texas Department of Aging's State Ombudsman is 1-800-252-2412.