There is a loophole in Texas law regarding assisted living facilities, and families should know about it.
What Texas Law Requires of Assisted Living Facilities
Assisted living facilities provide assistance with ADLs, or activities of daily living such as eating, bathing, dressing, and continence. They are intended for people who do not need intensive medical and nursing care.
Importantly, assisted living facilities have mandatory licensing requirements if they have four or more residents who are unrelated to the proprietor, and they furnish personal care services.
In contrast, small facilities, even if they provide heavy personal care, do not have licensing requirements if they have less than four residents.
The Risks of Unlicensed Personal Care Homes
Texas has thousands of these small facilities, known as personal care homes, that provide care without government oversight or regulations. Most residents of a personal care home are there because they lack sufficient money to pay for a regulated facility, and their need does not rise to the “medical necessity” required to qualify for Medicaid.
Some of these unregulated facilities are well-managed. Others are a hotbed of abuse and exploitation.
A Real-Life Situation in Texas
Such are the allegations against Regla Becquer and her “Love and Caring for People, LLC,” which operated multiple unlicensed personal care homes located in Arlington, Mansfield, and Grand Prairie, Texas.
In October 2026, Becquer pleaded guilty to charges that included financial abuse of the elderly, abandoning or endangering an individual, and criminally negligent homicide. She was sentenced to prison.
While investigating the homes on multiple allegations of abuse, neglect, theft, and fraud, the Arlington Police Department became aware of a “concerning” number of clients who died after staying in at least one of the homes. Becquer allegedly moved patients from home to home to evade detection and often prevented them from contacting their families.
A December 2022 report by the Texas Health and Human Services Commission found that residents of unlicensed homes are vulnerable to financial exploitation and can live in unsafe or unsanitary living conditions. While the state does not regulate such homes, a county or municipality can require a person to obtain a permit. Most do not have such a requirement.
What Rights Do Residents of Licensed Facilities Have?
To get an idea of the patient safeguards guaranteed to residents of a licensed assisted living facility, but not to residents in a personal care home, you need look no further than the Resident’s Bill of Rights. It guarantees that each resident of the assisted living facility has the following rights:
- To be free from physical and mental abuse.
- To be treated with respect, consideration, and recognition of their dignity and individuality.
- To make their own choices regarding personal affairs, care, benefits, and services.
- To have a safe and decent living environment
- To have unrestricted communication, including personal visitation with any person of the resident’s choice, at any reasonable hour
- To manage their financial affairs.
- To access their resident’s records.
- To choose and retain a personal physician and to be fully informed in advance about treatment or care that may affect their well-being.
- To complain about the facility.
- To privacy.
- To retain and use personal possessions.
- To leave the facility temporarily or permanently, subject to contractual or financial obligations.
- And (perhaps most importantly), to have access to the services of a representative of the State Long-Term Care Ombudsman Program at the Texas Health and Human Services Commission.
I would not give up any of these rights to enter an unlicensed facility. Would you?
To find out if a facility is licensed, go to the Texas Unified Licensure Information Portal and conduct a license search.
Need Help Protecting a Loved One in a Personal Care Home?
If you have concerns about a loved one’s safety, care, or financial well-being, understanding your legal options can help you decide what to do next. If you have questions about adult guardianship or elder exploitation, schedule a consultation with the attorneys at Hammerle Morris.
Virginia Hammerle is an accredited estate planner whose practice includes estate planning, probate, guardianship, and litigation.
This article is for informational purposes only and does not constitute legal advice.
