One of the greatest achievements of older people in Phoenix was enacting a Law called the Statute of the Elderly Person. This device deals with older people’s main rights, society’s duties, the family, and the Public Power. Despite being essential for well-being in old age, many people are unaware of the many benefits they could enjoy when they reach 60.
Undoubtedly, the Statute for the Elderly represents a great advance in the legal protection of older people. For it to be well used, however, people must inform themselves about it and use lawyers like elder law attorney in gilbert arizona for example. Thinking about it, we prepared this article to present the main rights provided by the Statute of the Elderly Person. Continue reading to find out more!
The Main Rights Of The Elderly
Knowing our rights as citizens is essential for us to enjoy and claim when they are infringed. In this sense, all people, regardless of age, must seek information to guarantee their and their families’ rights using attorneys like criminal defense attorney phoenix az. See below the main aspects that benefit older people from age 60!
The Statute of the Elderly Person guarantees to people who reach 60 years of age preferential and individualized care with public and private bodies. Thus, the elderly should be prioritized in establishments such as hospitals, clinics, cinemas, theaters, and supermarkets. In emergency health services, priority for care is subject to medical evaluation, depending on the severity of the case.
Companion In Hospitals
Right Of The Elderly
Article 16 of the Statute guarantees the right to a full-time companion for hospitalizations, consultations, and examinations. In addition to allowing entry, the hospital must provide adequate conditions for him to remain on site.
According to Article 15 of the Statute, it is up to the government to provide free medication to the elderly, especially those for continuous use. To access this right in its own network or private pharmacies associated with the “Popular Pharmacy” program, it is necessary to present an identity document with a photo, CPF, and a medical prescription within its validity period.
Free transport is assured; however, municipal legislation has specificities regarding the extent of the benefit. Thus, the minimum age to enjoy this benefit can vary between 60 and 65 years. This is because the Statute defines the obligation only from age 65, leaving it up to the municipal administrations to include those over 60 years of age.
IPTU Payment Exemption
The IPTU payment exemption is valid for people over 60 years of age, who are retired, own only one property, and earn up to two minimum wages. You must seek assistance at the subprefecture closest to your residence to apply for the benefit.
The duty to pay maintenance is not limited to parents. The Statute of the Elderly determines the obligation of the child to pay alimony to his ascendant. According to Article 12 of the rule, older adults who cannot support themselves are entitled to a pension. In addition, he has the right to choose which child should bear this expense. Non-payment of the pension can lead the defaulter to prison. In cases where the children demonstrate a lack of financial conditions for the payment, older people over 65 can request the assistance benefit, in the amount of a monthly minimum wage, according to the criteria defined in the legislation.
Processing Of Cases In Court
Older people also have priority in processing legal proceedings in which they are interested parties. To obtain the benefit, it is necessary to provide proof of age and apply to the competent judicial authority. In cases of death, this priority extends to the spouse or partner over 60.
But you need to be aware as there are currently two types of priorities: those over 60 and those over 80. According to the rule that came into force in 2017, cases related to older people over 80 must be analyzed as a priority by the courts.