Dante’s “Inferno” describes the nine circles of Hell. Each circle represents a different kind of sin and its punishment.
The Eighth Circle of Hell is resided in by the fraudulent, which includes hypocrites, divisive individuals, and evil counselors and advisors. Punishments included being transformed into serpents or trapped in flames.
The Ninth Circle of Hell is for treachery and betrayal. It is divided into four rounds. One round is Ptolomaea. It is reserved for hosts who betray their guests. Dante deemed that the hosts invited their guests to create a voluntary relationship and that the subsequent betrayal was more despicable than betraying family members. Another round is Judea; it is reserved for traitors to their lords and benefactors.
The Ninth Circle is not pleasant. Punishments include being frozen in ice, chewed on by Satan, or trapped in a lake of ice.
Those of us who practice elder law and guardianship believe that people who commit elder abuse, exploitation, and neglect deserve every one of the punishments meted out by Dante.
Unfortunately, Texas law is more restrained. We must content ourselves with remedies like a civil judgment or a criminal conviction.
What is Elder Exploitation?
“Exploitation” includes an improper act by someone who has an ongoing relationship with an elderly person or a person with a disability that involves using that person’s resources, for monetary or personal benefit, profit, or gain. “Elder” is someone 65 or older.
People who witness exploitation and do nothing also merit the Eighth or Ninth Circle. Thankfully, Texas law has a criminal remedy for that, too. If you believe that an elderly or disabled person has been abused, exploited, or neglected, then you have a duty to report it. If you do not, then you’re facing a Class A misdemeanor punishable by up to one year in jail, a fine of up to $4,000, or both jail time and a fine.
When to Report Elder Exploitation
Imagine this scenario. The elderly owner of a company has diminished capacity. You and your colleague work with the owner regularly. Your colleague induces the owner to sign a paper that will give your colleague a personal benefit. You both know that the owner does not understand the ramifications of what he has signed.
Under Texas law, you have a duty to report the colleague’s exploitation.
Now suppose that you didn’t know either the colleague or the business owner personally. Instead, you knew the business owner had diminished capacity yet was regularly signing complicated agreements that benefited the colleague. Do you still have a duty to report?
Yes. You don’t have to know the alleged victim personally to have an obligation to report.
How to Report Elder Exploitation
So who do you report to? Adult Protective Services, called APS. Your report can be made orally or in writing. The toll-free number for APS is 1-800-252-5400 or you can make an online report.
Your report must include the following information:
- Name, age, and address of the elderly or disabled person.
- Name and address of any person responsible for the person’s care.
- Nature and extent of the person’s condition.
- Basis of the reporter’s knowledge.
- Any other relevant information.
If you are worried about personal repercussions for filing the report, then you should know that the statute provides your report is confidential. Usually, it will be released to the alleged victim’s guardian, if any, and to a law enforcement agency if APS believes a crime exists.
Hammerle Finley Law Firm is Here to Help with Adult Guardianship
Exploiting an elderly or disabled individual is despicable. So is seeing it and keeping quiet. If you or a loved one needs assistance with adult guardianship or may be facing elder exploitation, contact the experts at Hammerle Finley Law Firm today to schedule a consultation.
The serpent awaits.
Virginia Hammerle is an accredited estate planner and represents clients in estate planning, probate, guardianship, and contested litigation. She may be reached at legaltalktexas@hammerle.com. This blog contains general information only and does not constitute legal advice.
