Texas law takes elder financial abuse very seriously – and with good reason. As one of the fastest-growing aging populations in the country, protecting seniors from financial exploitation is a priority for both law enforcement and the legal system. But with this increased scrutiny comes a growing number of allegations, which may arise from misunderstandings, family disputes, or actions taken in good faith that are later called into question.
Facing an accusation of elder financial abuse can be overwhelming. The consequences extend beyond legal penalties – potentially damaging your reputation, relationships, and future. In this blog, we will explore what constitutes financial abuse to elderly individuals (as opposed to general elder abuse) under Texas law, the types of actions that may trigger allegations, how these cases are investigated, and your legal rights if you find yourself accused.
What Is Elder Financial Abuse?
If you or someone you know is facing this type of accusation, it’s important to understand what the charge actually means. Elder financial abuse is classified as a white collar crime in Texas, which refers to non-violent offenses typically involving some form of fraud, misrepresentation, coercion, or the improper handling of money or assets. Under Texas Penal Code Section 32.55, a person may be charged if they are believed to have illegally or improperly used the resources of someone 65 years or older, whether intentionally or under undue influence.
Texas law in this area covers a wide range of scenarios – from the unauthorized transfer of funds and misuse of power of attorney to persuading an elderly individual to alter financial or legal documents. These allegations often involve close relationships, such as family members and caregivers, which can make the situation more complex and emotionally charged. Furthermore, misunderstandings or disputed decisions made with the elder’s consent can be mischaracterized as abuse in some cases.
Elder financial abuse laws can carry serious criminal and civil consequences. However, being accused does not mean you are guilty, which is why seeking out an elder financial abuse attorney to defend your rights is critical for protection against assumptions or false claims.
Elder Financial Abuse vs. General Elder Abuse
As mentioned earlier, Texas Penal Code 32.55 covers financially driven offenses involving individuals aged 65 or older that can be categorized as financial abuse. This is different than the laws set forth in Texas’ elder abuse PC (Penal Code 22.04), which address injury to a senior, a child, or a disabled person. This statute addresses physical abuse of individuals 65 years or older, which can involve physical harm or injury or reckless or intentional acts that result in injury.
Common Types of Financial Abuse of the Elderly
Understanding the types of elder financial abuse that can lead to civil and criminal charges is important, especially as many cases stem from complicated family dynamics, unclear financial arrangements, or actions under scrutiny that were once considered consensual. Following are some more common scenarios that elder financial abuse Texas law addresses.
Undue Influence and Manipulation
Undue influence is when a person is accused of using their relationship or position of trust to pressure or persuade an elder into making financial decisions that benefit the accused, such as changes to a will, estate plan, or financial accounts. This form of elder financial abuse is legally complex, as the line between influence and undue influence is not always clear. In these cases, the courts will often consider factors like the elder’s mental capacity, isolation, dependency, and whether the accused had control over finances or caregiving situations.
Elder Financial Abuse by Family Members or Caregivers
All too often, accusations arise within families or from caregivers, as these are the individuals who have regular access to the older adult in question, often helping manage their daily needs. In this type of scenario, the case may involve the use of the elder’s credit cards or ATM without explicit consent, adding names to a bank account, cashing checks, or misusing powers of attorney. Even if the accused truly believed that they had permission or were acting in the senior’s best interest, lack of documentation or family tensions can cause others to misinterpret the acts.
Exploitation by Strangers, Scams, or Institutions
There are a large number of elder financial abuse cases that involve telemarketing fraud, identity theft, sweepstakes scams, or predatory financial services. Outside of intentionally committing the crime, some can find themselves implicated if they unknowingly assisted or failed to report any suspicious activity.
Penalties Under Elder Financial Abuse Texas Law
An elder financial abuse charge in Texas can result in penalties ranging from fines to jail time if found guilty, and the severity depends on the value of the property or the dollar amount misappropriated. Following are the penalties according to the dollar amount involved:
- Less than $100: Class B Misdemeanor with a potential punishment of up to 180 days in jail and a fine of $2,000.
- Between $100 and $750: Class A Misdemeanor that could lead to a jail sentence of up to one year and a fine of up to $4,000.
- Between $750 and $2,500: State Jail Felony with a potential punishment of 180 days to 2 years in jail and a fine of up to $10,000.
- Between $2,500 and $30,000: Third Degree Felony that could lead to 2 to 10 years of jail time and a fine of up to $10,000.
- Between $30,000 and $150,000: Second Degree Felony with a potential punishment of 2 to 20 years in prison and up to $10,000 in fines.
- Exceeding $150,000: First Degree Felony that could lead to 5 to 99 years, or potentially life, in prison and up to $10,000 in fines.
Contact An Elder Financial Abuse Attorney in Austin
If you or someone you care about is facing accusations of this nature, it’s time to seek out an experienced elder financial abuse lawyer to help defend your rights. These charges are serious, but a strong defense begins with understanding the full context of the situation. The skilled defense team at GHC Law in Austin is ready to fight to protect your future, your reputation, and your side of the story.
Frequently Asked Questions About Elder Financial Abuse
Can you sue someone for financial abuse after the elder has passed away?
Yes. In Texas, the estate or surviving family members can pursue a civil lawsuit for financial abuse that occurred before the elder’s death. The statute of limitations and available evidence will impact the strength of the case.
What needs to be proved for an elder financial abuse conviction?
Prosecutors must prove that the accused knowingly and without consent used deception, intimidation, or undue influence to exploit an elder’s money, assets, or property. The prosecution must also establish that the victim was 65 or older and that the accused had the intent to benefit personally or cause harm.
Will I go to jail for elder financial abuse?
It depends on the specific charges and the amount of financial loss involved. In Texas, elder financial abuse can range from a misdemeanor or state jail felony to more serious felony levels. Convictions may lead to jail or prison time, fines, and restitution – but not all cases result in incarceration, especially if there are mitigating factors or a strong defense. Probation and community service can also be an option under the right circumstances.
