Probate Code
All states have statutes that protect elder adults from abuse, neglect, and exploitation. These laws typically create a framework for reporting and investigation of such abuse, neglect and exploitation as well as procedures for protection of the elder adult. These laws typically require reporting of known or suspected abuse, neglect, or exploitation either by all persons or an enumerated list of professionals.
States take varied approaches to dealing with elder abuse under their criminal laws. Some states prosecute the crimes under their general criminal statutes such as assault, battery, fraud, and theft; other states enhance the penalties for crimes if they were committed against elderly individuals; and other states have criminal laws that specifically address and criminalize elder abuse.
Note that many states also have separate laws that specifically address elder financial exploitation and address mistreatment of elderly individuals in residential care facilities. These laws are not covered here.
Texas’s protective services for elderly persons and disabilities law provides reporting, investigative, and protective services for abused, neglected, or exploited elderly and disabled adults. The law requires, under certain circumstances, persons who have a reasonable belief that an elderly person or person with disabilities is being abused, neglected, or exploited to report the information. The law defines relevant terms as follows:
“Abuse” means: (A) the negligent or willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical or emotional harm or pain to an elderly person or person with a disability by the person’s caretaker, family member, or other individual who has an ongoing relationship with the person; or (B) sexual abuse of an elderly person or person with a disability, including any involuntary or nonconsensual sexual conduct that would constitute an offense under Texas’ penal code (assaultive offenses), committed by the person’s caretaker, family member, or other individual who has an ongoing relationship with the person.
“Elderly person” means a person 65 years of age or older.
“Exploitation” means the illegal or improper act or process of a caretaker, family member, or other individual who has an ongoing relationship with an elderly person or person with a disability that involves using, or attempting to use, the resources of the elderly person or person with a disability, including the person’s social security number or other identifying information, for monetary or personal benefit, profit, or gain without the informed consent of the person.
“Neglect” means the failure to provide for one’s self the goods or services, including medical services, which are necessary to avoid physical or emotional harm or pain or the failure of a caretaker to provide such goods or services.
Under Texas law, it is a crime to intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual:(1) serious bodily injury; (2) serious mental deficiency, impairment, or injury; or (3) bodily injury.
Tex. Hum. Res. Code § 48.001 through Tex. Hum. Res. Code § 48.408
Tex. Penal Code Ann. § 22.04
Tex. Penal Code Ann. § 32.53