In 2021, the 87th Texas Legislature created an offense called Financial Abuse of Elderly Individual. This new law makes it a crime to offer to exert “undue influence” or otherwise wrongfully take, use or “financially abuse” elderly people. This offense is extraordinarily broad for a criminal statute. Learn more detailed information about the Financial Abuse of Elderly Individual offense below.
FINANCIAL ABUSE OF ELDERLY INDIVIDUAL ATTORNEY FAQs
Have you been charged with Financial Abuse of Elderly Individual? Call criminal lawyer Paul Saputo at (888) 239-9305 to discuss legal representation.
Financial Abuse of Elderly Individual is classified in the Texas Penal Code under Title 7 “Offenses Against Property,” Chapter 32 “Fraud.”
The current Texas law is as follows:1
A person commits an offense if the person knowingly engages in the financial abuse of an elderly individual.
This does not tell us very much about the offense, however. The key language here is “financial abuse,” which is defined in §32.55(a)(2) as:
the wrongful taking, appropriation, obtaining, retention, or use of, or assisting in the wrongful taking, appropriation, obtaining, retention, or use of, money or other property of another person by any means, including by exerting undue influence. The term includes financial exploitation.
And “financial exploitation” is also defined. “Financial exploitation” is defined in §32.55(a)(3) as:
the wrongful taking, appropriation, obtaining, retention, or use of money or other property of another person by a person who has a relationship of confidence or trust with the other person. Financial exploitation may involve coercion, manipulation, threats, intimidation, misrepresentation, or the exerting of undue influence. The term includes:
(A) the breach of a fiduciary relationship,
including the misuse of a durable power of attorney or the abuse of guardianship powers, that results in the unauthorized appropriation, sale, or transfer of another person’s property;
(B) the unauthorized taking of personal assets;
(C) the misappropriation, misuse, or unauthorized transfer of another person’s money from a personal or a joint account; and
(D) the knowing or intentional failure to effectively use another person’s income and assets for the necessities required for the person’s support and maintenance.
You can be charged with Financial Abuse of Elderly Individual if the state’s attorneys believe that each of the elements of 32.43(c), as described in the section above, have been met.
A conviction for Financial Abuse of Elderly Individual is punished anywhere between a Class B misdemeanor to a First Degree felony Felony.2 Learn about the differences between grades of felonies and misdemeanors
Recent Case Results
- 2019 Not Guilty in Collin County DWI >0.15
- 2019 Not Guilty in Dallas County Indecency with a Child
- Oral Argument at the United States Federal 5th Circuit Court of Appeals on Prosecutorial Misconduct Claim arising out of Northern District of Texas
- 2018 Not Guilty in Martin County Aggravated Assault with a Deadly Weapon on a Peace Officer
- Not Guilty in 2018 Dallas County DWI Trial
- Client cleared in Dallas Police Shooting wrongful accusation
- Federal sentencing results in 10 Year Downward Deviation from Sentencing Guidelines in 2018
- Not Guilty Jury Verdict for client originally accused of Intoxication Manslaughter
- Case Dismissed after picking jury in Aggravated Sexual Assault of Child case in 2017
- United States Attorney dismisses case against client charged in El Paso Federal Court with Possession of Child Pornography
- ALL CHARGES DISMISSED against our client in the Twin Peaks Waco Biker case
- Client “No-billed” by grand jury investigating shooting death case
- Coverage of Case Involving Waco teacher sending messages to student
- Judge returns a Directed Verdict of Acquittal in case involving trainer of professional athletes
- Rare Not Guilty verdict in Rockwall County DWI
- 2016 Dismissal of Fort Worth Federal Possession of Obscene Visual Representation of the Sexual Abuse of Children
- Hill County Money Laundering case Dismissed and civil asset forfeiture assets returned
- Coverage of teen Lewisville client charged with hit-and-run death
- Two Montague County Indecency with a Child cases Dismissed