Financial Abuse Against Elderly in Texas

Financial abuse of elderly Texans is a growing but often invisible crisis. Unlike physical abuse, it doesn’t leave bruises or broken bones, but the emotional and financial damage can last a lifetime.

This article covers what elder financial abuse looks like, how Texas law treats it, what your rights are, and how to respond whether you’re protecting a loved one or facing an accusation.

What Is Elder Financial Abuse?

Elder financial abuse happens when someone illegally or improperly uses an older adult’s money, property, or assets. It could involve deception, coercion, or outright theft. And it often happens behind closed doors, sometimes by the very people who are supposed to be caring for the victim.

Examples include:

• Coercing or tricking an older person into signing legal documents (like power of attorney)
• Taking money or property without consent
• Misusing a bank account, credit card, or checkbook
• Isolating the elder and controlling their finances
• Overcharging for long-term care or services or billing for things never provided
• Gaining control over estate planning documents through manipulation

According to the Texas Department of Family and Protective Services (DFPS), financial exploitation is one of the most frequently reported forms of elder abuse.

Who Is Most at Risk?

Older Americans over age 65, especially those over 75, are often targeted. The most vulnerable include:

• Seniors with memory problems or cognitive decline
• Those who rely on others for long-term care or financial help
• Individuals who live alone or have little social interaction
• Older people recently widowed or in emotional distress

Many cases involve a caregiver or relative. Others involve scammers who target seniors through mail, phone calls, or online schemes. And in many cases, victims don’t even realize they’re being exploited until it’s too late.

Texas Law on Financial Abuse Against the Elderly

Under Texas Penal Code §32.53, exploiting an elderly individual is a crime. It’s usually classified as a state jail felony but can escalate depending on the situation. Here’s what the law includes:

• “Exploitation means the illegal or improper use of a senior’s resources for personal benefit.
• If the accused had legal access to funds (through power of attorney) but used the money for their own purposes.
• Even if the elderly person appeared to “consent,” that consent might be invalid if it was obtained through manipulation, deception, or coercion.

Other laws that may apply include:

• Theft (Penal Code §31.03)
• Fraudulent use or possession of identifying information (Penal Code §32.51)
• Misapplication of fiduciary property (Penal Code §32.45)

Civil lawsuits are also common. Families can file to reclaim money or property, and in cases of extreme abuse, the court may award punitive damages.

How Are Elder Financial Abuse Cases Investigated?

Suspected elder abuse should be reported to Adult Protective Services (APS) at 1-800-252-5400 or through their website. APS plays a frontline role in investigating claims involving seniors or disabled adults.

Here’s how the process usually works:

1. A report is filed — Anyone can report abuse, but doctors, nursing home staff, social workers, and financial institutions are legally required to.
2. APS investigates —They’ll review the complaint, interview the elderly person (if possible), and speak with caregivers or family members.
3. Law enforcement may be called in—If the case shows signs of criminal activity, it’s referred to local police or a district attorney.
4. Financial records are examined—This includes bank account statements, signed documents, checks, credit card use, and even text or email messages.
5. Protective action — If there’s an immediate risk, the elder may be temporarily removed from a dangerous situation or a guardian appointed.

Financial institutions also play a big role. Under federal and state regulations, they’re trained to spot unusual withdrawals, suspicious account access, or sudden changes to account holders. Many cases are triggered by bank employees noticing red flags.

Accused of Financially Abusing the Elderly?

Being accused of elder financial abuse is serious. It’s not just a personal issue; it’s a felony charge that can lead to jail time, fines, and a permanent criminal record.

If you’re under investigation or have been charged, do not speak to authorities without an attorney. Even if you believe you’ve done nothing wrong, you could unknowingly say something that’s used against you.

Here are some defense considerations:

• Was there valid consent? If the elder willingly gave gifts or signed financial documents, that’s a key defense—especially if they were mentally competent at the time.
• Mental capacity matters. If the elder had full cognitive ability when the transaction occurred, it supports your case.
• Paper trails help. Emails, texts, signed checks, and bank records can show that transactions were legitimate or authorized.
• Family conflicts often drive accusations. Many of these cases come up during inheritance disputes or when siblings disagree about caregiving responsibilities.

How to Prevent Abuse — or Being Accused of It

Whether you’re a caregiver, family member, or handling someone’s finances, prevention is the best defense. Transparency and documentation go a long way.

Watch for Red Flags:

• Large withdrawals or account changes with no explanation
• New “friends” or caregivers taking control
• Bills piling up despite adequate funds
• Sudden changes in legal documents
• Isolation or secrecy around financial matters

Tips to Stay Protected:

• Use power of attorney or trusts with transparency and oversight.
• Share financial decisions with a second family member or friend.
• Keep organized records of all transactions.
• Monitor accounts regularly, especially for Social Security deposits or withdrawals.
• Check in frequently with seniors in long-term care or isolated living arrangements.

Whether you’re preventing abuse or protecting yourself from false claims, transparency and documentation are everything.

Arrested? Don’t Plea, Call Me!

Financial abuse cases involving the elderly are rarely black and white. Emotions run high, family dynamics get tangled, and what starts as a misunderstanding can quickly turn into a criminal investigation. Whether you’re trying to protect a loved one or facing serious allegations, what you do next matters. Texas law does not take these cases lightly — and neither should you.

If you or someone you care about is under investigation or accused of financially exploiting an elderly individual, don’t wait to get help. The Texas Criminal Defense Group has the experience, legal insight, and courtroom skill to protect your rights and your future. Call us today for a confidential consultation.