Texas House Bill HB977

Texas 2019 - 86th Regular

Caption

Relating to creating the criminal offense of financial abuse of an elderly individual.

Impact

The legislative intent behind HB 977 is to strengthen legal protections for elderly individuals against financial exploitation, which has become a growing concern in recent years. By laying out clear definitions of financial abuse and specifying penalties according to the value of the assets involved, the bill establishes a legal framework that aims to deter potential exploiters. It addresses various scenarios of abuse, including misuse of power of attorney and guardianship, which are critical issues in elder law.

Summary

House Bill 977 aims to create a specific criminal offense for the financial abuse of elderly individuals in Texas. The bill defines financial abuse broadly, including wrongful taking and exploitation through manipulation or coercion by individuals in a position of trust, such as family members or caregivers. By criminalizing these actions, the bill seeks to protect vulnerable elderly populations from being subjected to financial exploitation and to ensure that individuals who betray this trust are held accountable under the law.

Contention

While the bill garnered support for addressing the significant issue of elder financial exploitation, it could face challenges in terms of proving the abuse in court due to the often private nature of these relationships. Additionally, there may be concerns about the implications of potential criminal charges being levied against family members or caregivers who might not have malicious intent but may be accused of taking advantage of their elderly relatives' finances. This tension between protecting the elderly and ensuring fair treatment of caregivers will be a notable point of contention as the bill moves through the legislative process.