Elder abuse is one of the saddest crimes that occurs in our society. Seniors often become unable to care for themselves physically, mentally, or both in the years of extreme old age. During this time, they rely on care from relatives, in-home nursing, or the staff of a nursing home to keep them healthy and safe. However, sometimes, caregivers abuse this position. Some seniors are neglected, some are cruelly abused, and some are stolen from while in their frail state. It’s no surprise that families are often vigilant for signs of elder abuse among their older relatives. But being falsely accused of elder abuse can also be a terrible experience.

What Is Elder Abuse?

Elder abuse under Texas law is the mistreatment of a senior who is either in your care or whom you have access to. Types of elder abuse include:

• Neglect
• Physical abuse
• Emotional abuse
• Sexual abuse
• Financial abuse
• Confinement
• Deprivation

Most elder abuse cases focus on neglect, intentional abusive actions, or financial abuse.

Neglecting Duty of Care

Neglect-based elder abuse occurs when an elder is harmed because a caregiver fails in their duty. This requires the establishment of a “duty of care”, such as nursing home staff or a hired in-home nurse, and provable failure to provide for the elder’s basic needs such as food, cleanliness, and medication. 

While the accused’s actions were not directed to cause harm, harm was caused by failing to fulfill their duty of care

Intentional Abuse of an Elder

The larger section of elder abuse types requires willful and intentional harm inflicted on an elder. Physical, emotional, and sexual abuse all encompass ways in which a person attacks a senior and causes them harm because the senior is helpless and harm is the desired result. Deprivation may also be included in this category, indicating that the senior intentionally denied food, water, shelter, medication, or medical care.

Elder Financial Abuse

Elder financial abuse involves stealing from an elder or using their resources for personal gain. This is among the most common forms of charged elder abuse, and also the most prone to misinterpretation. Some people purposely scam elders to steal from them, live in their houses, or sell their things without regard for the elders. These are terrible crimes, preying on elders at their weakest. However, it is also common to accuse a person supporting a senior of elder financial abuse when the situation is more complex.

The Legal Consequences of an Elder Abuse Charge

• 3rd Degree Felony to 2nd Degree Felony 
• Up to 10-20 years in prison
• Up to 10,000 in fines

Elder abuse in Texas is a criminal felony. Being charged with elder abuse can have a strong negative impact on your life. Being convicted of elder abuse can negatively change your life forever. 

Elder abuse is a second or third-degree felony. If charged as a third-degree felony, you could face up to 10 years in prison. If charged with a second-degree felony, you might face up to 20 years in prison. Both convictions may also be accompanied by up to $10,000 in fines.

It is also possible to be charged with a first-degree felony with up to life in prison if the charge is considered severe enough.

The Reasons Behind False Accusations of Elder Abuse

It is good for families to be alert and protect their senior relatives from elder abuse. However, it is unfortunate that false accusations of elder abuse are fairly common. This can come from misunderstandings, but it may also be part of someone else’s malicious plan or desire to gain access to the senior in question.

Let’s take a closer look at reasons why people are sometimes falsely accused of elder abuse

1) Financial Misunderstandings

Seniors and their caregivers often have unclear financial arrangements for those outside. Caregivers benefit from a senior’s financial stability while providing elder care. However, someone outside the situation may see a younger person financially preying on a senior and falsely report senior financial abuse.

2) Inheritance Scheming

It is sad to say that soap opera-like scheming for an elder’s inheritance is not uncommon. A person who wants to secure their spot in a senior’s will may try to displace the senior’s current support system with false accusations of elder abuse. This may include accusations of neglect, financial abuse, or even cruel and malicious forms of abuse.

3) Caregiver Burnout

Another tragic situation is when a senior’s sole caregiver is experiencing exhaustion and burnout. This often happens when a single relative takes responsibility for an aging elder. If the senior has started showing signs of neglect and the caregiver has taken on the duty of care, they may be accused of intentional neglect instead of offered support and respite care.

4) Turnabout

A person committing or planning to commit senior abuse may accuse someone else to take suspicion off themselves. For example, a relative stealing money from the elder may accuse another relative or the hired nurse of stealing instead. This becomes more likely if their theft has been discovered and they need to shift the blame.

Defending Yourself From Senior Abuse Accusations

What should you do if you have been accused of elder abuse? This charge can ruin your life, before or after a conviction. Elder abuse is a felony, and you must take immediate steps to build your defense.

Keep Careful Records

Check and put together your records. When you realize an accusation is a risk, keep more meticulous records. If you have a care and financial arrangement with the senior, get it in writing. You can also document the time you spend with the senior, the care you provide, and communication with the senior, their family, and their doctors.

Audit Your Finances

Review your finances and prepare to defend against elder financial abuse charges, which may be solo or added to other abuse charges. Clarify the services you are being paid for or how you are running the household to the benefit of the elder in question without any signs of theft or self-serving financial behaviors.

Work With Your Senior’s Care Team

Working with your senior’s medical care team is a great defense against several senior abuse accusations. They can confirm if the senior has ever shown signs of abuse and speak to your role in ensuring the senior has been as well cared for as possible.

Hire an Elder Abuse Defense Lawyer

Do not hesitate to hire a lawyer who understands Texas elder abuse cases. Building your defense strategy will be unique to the details of your case. It’s best to start as soon as possible to minimize damage. An elder abuse defense lawyer can help you minimize the impact on your life as a result of the charge and prepare a defense to prevent a felony conviction.Starr Law can help you. Contact us today to discuss the details of your elder abuse accusation case.