Some states have laws to help people who have experienced financial abuse file cases in civil court to recover their money. Some states have a way to temporarily freeze bank accounts or put a hold on property transfers to stop the financial abuse. In some states, including Texas, banks and credit unions can put a transaction on hold temporarily when they suspect elder financial abuse. In many states, financial institutions are required to report suspected elder financial abuse to APS or law enforcement.
In Texas, the law requires people to report suspected elder abuse to the appropriate agency; in fact, failure to report is a criminal offense. Specifically, if a person has “cause to believe that an elderly person . . . is in the state of abuse, neglect, or exploitation,” such person shall immediately report the violation 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.
Once the Texas Department of Family and Protective Services receives a report of potential abuse, neglect, or exploitation, it will initiate a prompt and thorough investigation within 24 hours. Although the investigation of credible cases will extend beyond 24 hours, an elderly person may consent to protective services. If consent cannot be obtained, an Emergency Order for Protective Services may be issued. In the event of a court closure, the Department may remove or authorize the removal of an elderly person to safer surroundings, authorize medical treatment, or authorize or provide other available services necessary to remove conditions creating the threat to life or physical safety.
You may also be able to work with a legal services lawyer or a private lawyer to file a case in civil court to request a “restraining order” or “order of protection.” These court orders prevent the perpetrator from contacting your loved one. This can help separate the perpetrator from your loved one and prevent further harm.
You can talk to a lawyer to find out whether your loved one has any of these options. Local civil legal services programs (often known as “legal aid”) may be able to help your loved one, or you may need to hire a private lawyer. You can search for legal services programs in your area at usa.gov/legal-aid or visit https://www.tlsc.org/seniors.