Elder financial abuse occurs when a person financially exploits a senior for abusive or fraudulent purposes. This offense occurs when a person misappropriates financial resources belonging to a senior or engages in abusive financial control over them. The people who commit financial abuse against elders are generally those who have a relationship of trust with their victims. This is a grave offense mainly because of the harm it causes a senior, who is a legally protected person. A conviction for elder financial abuse in Texas can result in fines and imprisonment, with the severity depending on the value of the misappropriated property.
Other consequences of a conviction apply, depending on aggravating factors in your case (like physical harm and the extent of financial damage). However, you can obtain a favorable outcome in your case if you work on your defense with the help of a competent criminal attorney. They can help you navigate all complex legal processes, protect your rights, and represent you in court during the trial. They can also use the best defense strategies to cause the court to drop or reduce your charges.
The Legal Meaning of Elder Financial Abuse
Texas law provides protections for seniors due to their vulnerability to exploitation and abuse. This is because of their vulnerability to neglect, exploitation, and abuse. Elders also have a diminishing capacity to fight for or defend themselves. The law protects their rights and well-being to ensure they live a dignified and independent life. However, this is not always how most seniors live. Some people, especially those who are mandated to care, neglect, or abuse seniors. Since laws are in place against such violations, perpetrators of elder abuse are subject to prosecution, from which they can receive hefty penalties and face severe consequences for their actions.
Financial abuse is one of the most common types of abuse that seniors suffer at the hands of their families, friends, and even strangers. It occurs when a person engages in improper conduct against an elder that causes the senior to suffer financial loss. It is considered a white-collar crime, meaning it is non-violent but carries serious legal consequences. Elder financial abuse can involve coercion, misrepresentation, improper handling of assets, or fraud for monetary gain or to cause the victim financial harm. This legal definition is under Section 32.55 of the Texas Penal Code.
You can face elder financial abuse charges if you are suspected of engaging in an act for fraudulent gain that causes a senior to suffer economic harm. Your actions should also be done without the elder’s consent. This can take many forms, including improperly or illegally using an elder’s money or assets against their consent for fraudulent purposes. A senior or elder, in this case, is an individual aged 65 or older. The prosecutor can file charges if you are accused of transferring an elder’s money from their account to yours, or another person’s, without the elder’s authorization. This means you misused your power of attorney.
Close friends or relatives can also face charges if they coerce or manipulate a senior into transferring assets for fraudulent purposes. Typically, such allegations are filed against people with close relationships with the victim, including caregivers, family members, or friends. Thus, cases of elder financial abuse are generally emotionally charged and complex. In some cases, a person’s actions can be misunderstood. In other cases, an elder can dispute a decision they made on their own accord. Thus, prosecutors must investigate such cases thoroughly to ensure they have irrefutable proof before fighting for a conviction.
Elder Abuse vs. Elder Financial Abuse
Elder financial abuse is a specific type of elder abuse. You abuse an elder when you intentionally or negligently act in a manner that harms an elder or puts them at risk of harm. Elder abuse takes five primary forms: physical, psychological, verbal, emotional, and financial abuse. Financial abuse occurs when an elder suffers economic harm at the hands of someone they trust.
Laws against elder abuse, including elder financial abuse, carry severe penalties and civil consequences. After pursuing criminal charges against you for financial abuse, the victim of elder financial abuse can file a lawsuit against you to recover their damages. However, you can fight for a favorable outcome in your case by engaging the help of a competent criminal attorney. They will defend your rights and use the proper defense strategies to avoid a conviction or fight for a favorable resolution in your case.
Types of Elder Financial Abuse
Elder financial abuse takes different forms. Prosecutors deal with these cases on a case-by-case basis, and the types of charges they file depend on the facts of individual cases. To understand your charges and possible penalties, understand the financial abuse you have committed against a senior. This will also help you determine the right defense strategies to avoid a conviction. An effective defense can work since some cases of elder financial abuse stem from unclear financial agreements, complex family dynamics, and actions that are considered legal or consensual. Here are the types of elder financial abuse covered under Texas law:
Elder Financial Abuse Through Manipulation or Undue Influence
This type of abuse occurs when you use your position or power of trust, or relationship with an elder, to pressure or persuade them into making a financial decision or action in your favor. For example, you can manipulate an elder into transferring a particular asset to you, giving you the power of attorney, or changing their will to name you as the sole or primary beneficiary. Although people who use undue influence or manipulation do not physically or emotionally harm their victims, they cause the victims to suffer significant financial losses.
However, this is a very complex legal matter that could be challenging for the prosecutor to prove for a conviction. Finding the fine line between actual care or concern and undue influence can be challenging. Perpetrators of this form of financial abuse carefully craft the manipulation to convince the victim that the act is in their interest.
However, prosecutors consider several factors when building a case against the perpetrator. For example, they can determine the victim’s mental capacity, level of dependency, isolation, and your position or relationship with the victim to obtain a conviction.
Elder Financial Abuse by Caregivers or Family Members
Although this is a common type of elder financial abuse, it is also challenging to prove because of the close relationship between the accused and the victim. To some extent, family members have the right to the financial resources owned by their kin. However, any illegal action taken for fraudulent purposes or to harm an elder can result in elder abuse charges.
When people age, they start depending on their families or caregivers for physical and emotional support. Their support system becomes the most important thing to them. A vulnerable senior will be granted full access to their home and resources by family members or caregivers who show concern at their most needy moment. The support system also takes care of the elder’s daily needs, so it makes sense for the caregivers to access the elder’s bank accounts, ATM cards, and other financial documents.
However, this does not give you the right to use an elder’s finances or assets without explicit consent. You should also not add your name as a beneficiary to their assets or cash their checks without permission. Doing so can result in severe criminal charges. Regardless of your relationship with the victim, you can be accused of misusing your power of attorney. This can happen even if you believe you are acting in the elder’s best interests. If you do not have documents to support your genuine intentions, the court can find you guilty of elder financial abuse.
Financial Exploitation of an Elder by Strangers or Institutions
Some people, or institutions, use scams to exploit protected persons, like the elders, financially. They use various strategies, including identity theft, predatory financial services, telemarketing fraud, or sweepstakes scams, to financially gain from unsuspecting victims. Individuals or institutions may face legal consequences if their actions, intentional or negligent, cause financial harm to an elder. If the prosecutor has substantial evidence against you, the court can find you guilty even if you did not act with fraudulent intent. What matters is that your actions or inactions caused an elder to suffer financial harm or put them at risk of financial harm.
Possible Penalties for Elder Financial Abuse in Texas
The penalties for elder financial abuse depend on the offense's severity and criminal history. The severity of the crime is based on the value of the appropriated property or the economic implications of your actions.
The prosecutor can file Class B misdemeanor charges if you obtained, appropriated, retained, or spent $100 or less belonging to an elder without their consent. This is punishable by a maximum of 180 days in jail and $2,000 in court fines. If you meet the qualifying criteria, the judge can sentence you to probation instead of jail. A conviction will result in a criminal record that could affect you for years.
They will file Class A misdemeanor charges if you obtained, appropriated, retained, or spent between $100 and $750 belonging to an elder without their consent. This is punishable by one year in jail and up to $4,000 in court fines. You could also be eligible for misdemeanor probation.
The crime becomes a jail felony if you obtained, appropriated, retained, or spent an elder’s property valued at between $750 and $2,500 without their consent. This is punishable by 180 days to two years in a jail facility. The judge can also impose a court fine of up to $10,000.
Elder financial abuse can also be a felony in the third degree if you obtain, retain, appropriate, or spend an elder’s property valued at $2,500 to $30,000 without their consent. This is punishable by two to ten years in prison and up to $10,000 in court fines.
It can also be a felony in the second degree if the value of the appropriated, retained, spent, or taken property is $30,000 to $150,000. This is punishable by two to twenty years in prison and up to $10,000 in court fines.
Finally, it is a felony in the first degree if you take, obtain, appropriate, retain, or spend an elder’s property valued at over $150,000 without their consent. A first-degree felony is punishable by five to 99 years in prison and up to $10,000 in fines. A first-degree charge is severe and could have additional life-changing implications, like a permanent criminal record and infringement of some rights.
How To Fight Elder Financial Abuse Charges in Texas
Elder financial abuse charges can result in severe criminal penalties and other life-changing consequences. The severity of your penalty depends on the value of financial damage you inflict or intend to inflict on the victim. However, you can change the outcome of your case with the help of a competent criminal attorney. In addition to helping you navigate complex court processes, an attorney can advise you on your rights and options and provide defense. They can use some of the best defense strategies to fight for a favorable resolution. Here are some of the techniques that can work well in your situation:
Accepting a Plea Deal
A plea deal is an agreement between the prosecution and defense that allows a defendant to plead guilty to a less severe offense instead of going through an uncertain trial. Prosecutors offer a plea deal if they are unsure of the outcome of a criminal trial. They can use it to ensure that there is a conviction, even for a lesser offense. Your attorney can propose a plea deal to the prosecutor for the same reason. If both parties agree to a plea deal, you will plead guilty to the proposed agreement, taking your case straight to sentencing.
However, plea deals are not usually available for all elder financial abuse charges. Defendants facing Class B or Class A misdemeanor charges may have the option of a plea deal, depending on the prosecutor's discretion. Plea deals are rare in more severe cases, like second-degree and first-degree felonies.
Arguing That You Did Not Have Fraudulent Intent
In most cases, elder financial abuse charges are based on a perpetrator’s criminal or fraudulent intent. The prosecutor must demonstrate this intent to obtain a guilty verdict during the trial. You can counter the prosecutor’s allegations by proving that your actions did not have a criminal or fraudulent purpose.
For example, if you transferred funds or cashed a check without seeking the explicit consent of an elder, you can defend yourself by proving that the money was for the elder’s benefit. This can work if you have already used the funds to benefit the alleged victim. You can also provide proof of communication showing how you intended to use the funds. If the court accepts this defense, the judge will dismiss your charges.
Arguing that You Are Falsely Accused
You can be falsely accused of misappropriating funds belonging to an elder without the elder’s or their family’s consent. This is very common for people who work for, or on behalf of, elders who need help to transact or manage their funds or assets. Some family members can file such accusations if they feel left out of decision-making. However, you can fight the allegations with proof that you did not do as accused or had the alleged victim’s consent to transact on their behalf.
For example, if you have the victim’s power of attorney or are their registered legal guardian and have documents to prove that you have the right to represent the victim, you are not guilty of financial abuse. However, your actions must align with the provisions of your legal authority over the elder’s property.
Also, your accuser must provide sufficient evidence to support the allegations. The prosecutor will use this evidence to support your charges in court. If they cannot prove beyond a reasonable doubt that you committed elder financial abuse, the court will dismiss your charges.
Find an Experienced Criminal Attorney Near Me
Do you or someone you know face elder financial abuse charges in Fort Worth?
This is a severe form of elder abuse that can result in severe criminal penalties and devastating consequences upon conviction. You can face a misdemeanor or felony charge, depending on the severity of the offense. However, you can avoid the severe consequences by building a solid defense against your charges. You can do this with the assistance of a competent attorney.
At Andrew Deegan Criminal Attorney at Law, we know how life-changing a conviction for elder financial abuse can be. We can work with you to develop a solid defense against your charges that could cause the court to dismiss or reduce your charges. We can also protect your rights and smooth the legal process for you. Call us at 817-689-7002 to understand your charges and our services better.
