Section 32.55 is the value-graded elder financial abuse statute. It sits alongside Section 32.53, and prosecutors frequently charge both.
What the Statute Prohibits
A person commits an offense if the person knowingly engages in the financial abuse of an elderly individual.
"Financial abuse" is defined as the wrongful taking, appropriation, obtaining, retention, or use of an elderly individual's money or other property by any means, including financial exploitation or the taking of property by undue influence. An "elderly individual" is a person 65 years of age or older.
The Value Ladder
| Value involved | Offense level |
|---|---|
| Less than $100 | Class C Misdemeanor |
| $100 to under $750 | Class B Misdemeanor |
| $750 to under $2,500 | Class A Misdemeanor |
| $2,500 to under $30,000 | State Jail Felony |
| $30,000 to under $150,000 | Third-Degree Felony |
| $150,000 to under $300,000 | Second-Degree Felony |
| $300,000 or more | First-Degree Felony |
Because the amount sets the level, aggregation is the decisive issue in most cases. The State typically adds every questioned transaction over a period of years. Whether those transactions were part of one continuing scheme — and whether each one was actually wrongful — determines whether the case is a misdemeanor or a first-degree felony.
Defenses
Authorization. A valid power of attorney, a genuine joint account, or express permission from a competent elderly person makes the taking lawful. Bank signature cards, account agreements, and the POA instrument are the first documents to obtain.
Capacity. Undue influence and wrongful taking both depend on the elderly individual's condition. Medical records, treating physicians' notes, and contemporaneous observations frequently show full capacity at the relevant time — which defeats the undue-influence theory outright.
Gifts. A competent person may give money away, including to a caregiving child, and may do so in amounts others in the family consider unfair. Unfair is not criminal.
Benefit to the elderly person. Funds spent on care, housing, medical needs, and household expenses are not wrongfully taken.
Value. Overstated valuations, double-counted transfers, and inclusion of the accused's own contributions to a joint account are common and often move the case down several levels.
Mental state. The statute requires knowing conduct. Disorganized recordkeeping by a family member with no financial training is not proof of knowledge.
Related
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.