What Can You Do if Someone Is Exploiting Your Elderly Parent Financially?

 Posted on August 11, 2026 in Elder Law

If someone is financially exploiting your elderly parent, you can take action in a few ways. You can report the abuse to Texas Adult Protective Services. You can also work with an attorney to pursue legal action against the person responsible. It's also important to take steps to secure your parent's finances going forward. If you suspect financial exploitation in 2026, talk to our Flower Mound, TX elder law attorney about your legal options today.

What Counts as Financial Exploitation of an Elderly Person in Texas?

Under Texas Human Resources Code Section 48.002, exploitation can involve the illegal or improper use of an elderly person's resources for monetary or personal benefit, profit, or gain without the person's informed consent. Other Texas laws addressing financial exploitation also cover conduct such as improperly taking or using someone's property or gaining control over it through deception, intimidation, fraud, or undue influence.

This type of abuse often comes from someone the elderly person trusts. That might be a family member, caregiver, or financial advisor. Because the relationship involves trust, financial exploitation can go unnoticed for a long time before family members realize something is wrong.

What Are the Warning Signs of Financial Exploitation?

Recognizing financial exploitation early can help limit the damage and protect your parent's remaining assets. Common warning signs include:

• Unexplained withdrawals or transfers from bank accounts
• Sudden changes to a will, power of attorney, or beneficiary designations
• Missing personal property or valuables
• Unpaid bills despite adequate income or savings
• A caregiver or family member who becomes unusually secretive about financial matters

It's worth investigating further if you notice any of these signs. This is true even if it feels uncomfortable to question someone your parent trusts.

How Do You Report Financial Exploitation in Texas?

You can report suspected financial exploitation of an elderly person to Texas Adult Protective Services. This agency investigates allegations of abuse, neglect, and exploitation involving vulnerable adults. Reports can often be made confidentially, which can ease concerns about retaliation or family conflict.

Can You Take Legal Action Against Someone Who Financially Exploited Your Parent?

You have a couple of legal options to combat financial exploitation. Depending on what happened, you might file a civil lawsuit to get back money or property that was taken. You could also work to remove someone from a position of financial control, like power of attorney. And if you suspect a crime was committed, you can report it to the police.

Sometimes it helps to pursue more than one path at the same time. Filing a civil claim while also reporting the abuse to law enforcement can give you the best shot at recovering what was lost and holding the person accountable.

What Happens if the Person Exploiting Your Parent Has Power of Attorney?

It can complicate matters if the person exploiting your parent holds power of attorney. It means they may have legal authority over certain financial decisions. However, if they misuse it or breach their duties to your parent, this authority does not protect them from liability.

If your parent still has the legal capacity to act, they may be able to revoke the power of attorney or the agent's authority. In certain circumstances, Texas law also allows a court to remove an agent who has breached fiduciary duties or improperly handled the principal's property. An attorney can determine which legal remedies are available and whether court action is necessary to protect your parent's assets.

How Can You Protect Your Parent's Finances From Exploitation Going Forward?

Taking steps to protect your parent's finances in the long term can help prevent future exploitation once immediate concerns are addressed. This might include:

• Setting up a trust with oversight from a neutral third party
• Establishing a new power of attorney with a trusted family member or professional is another option
• Arranging for regular financial reviews with an attorney or financial advisor

Every family's situation is different. The right long-term protections often depend on your parent's specific needs, cognitive ability, and family dynamics.

Contact Our Denton County, TX Elder Law Attorney Today

Since 1992, we've been helping clients navigate the complexities of elder law, and we're ready to guide you no matter where you are in your journey. Attorney Stephen Colbert has served as an administrative law judge as well as a tribal judge for the Chickasaw Indian Nation. This brings a broad legal perspective to elder law matters. We take the time to meet with you, understand your needs, and recommend a path for your next steps.

Contact Colbert Law Group PLLC at 972-724-3338 to talk to our Flower Mound, TX elder law lawyer today.