Adult Protective Services (APS) are social services programs in each state. They serve older adults and adults with disabilities who need help because of abuse, neglect, or exploitation. Texas APS can be contacted at 1-800-252-5400, and their website is: www.dfps.state.tx.us/Adult_Protection/.
APS workers are often the first to respond in cases of abuse, neglect, or exploitation. APS workers look at two things before starting an investigation: (1) whether the older person is eligible for protective services, and (2) whether the information reported meets the legal definition of abuse, neglect, or exploitation in their state.
Eligibility for protective services: Under Texas law, certain groups of individuals are eligible for protective services, including children younger than 18 years of age, persons 65 years of age or older, and persons with disabilities, which means a person with a mental, physical, or intellectual or developmental disability that substantially impairs the person’s ability to provide adequately for his or her care or protection.
Definition of mistreatment: APS also considers whether a report of abuse meets the state’s definition of financial abuse or financial exploitation. Financial abuse is “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.”
Financial exploitation means “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: (1) a breach of fiduciary relationship; (2) the unauthorized taking of personal assets; (3) the misappropriation, misuse, or unauthorized transfer of another’s money; and (4) the knowing or intentional failure to effectively use another’s income or assets for the necessities required for the person’s support and maintenance.
If APS starts an investigation, the process usually proceeds in a series of steps. First, APS decides whether the older person has experienced or is at risk of experiencing abuse. If APS finds there is abuse, APS decides what services are necessary to help the person and helps start the services. These services may include food, shelter or help finding housing, medical or mental health treatment, legal help, or financial help. Specific information about APS investigations in Texas can be found at https://statutes.capitol.texas.gov/Docs/HR/htm/HR.48.htm.
People who are eligible for APS services have the legal right to refuse help, provided APS believes the person can make their own decisions. This means an older person has a right to refuse help even when the APS investigator, family members, or others believe the older person needs the services.
Texas law requires anyone that suspects elder abuse to report it to the Texas Department of Family and Protective Services. The report may be made by phone at 1-800-252-5400 or online at https://www.txabusehotline.org/. Reports may be made anonymously.
The National Center on Elder Abuse has more information at: https://ncea.acl.gov/.