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Texas Penal Code

§ 32.55 — FINANCIAL ABUSE OF ELDERLY INDIVIDUAL

PE § 32.55Title 7. OFFENSES AGAINST PROPERTY · Ch. 32. FRAUD · Art. D. OTHER DECEPTIVE PRACTICES

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(a)In this section:
(1)"Elderly individual" has the meaning assigned by Section 22.04.
(2)"Financial abuse" means the wrongful taking, appropriation, obtaining, retention, or use of, or assisting in the wrongful taking, appropriation, obtaining, retention, or use of, money or other property of another person by any means, including by exerting undue influence. The term includes financial exploitation.
(3)"Financial exploitation" means the wrongful taking, appropriation, obtaining, retention, or use of money or other property of another person by a person who has a relationship of confidence or trust with the other person. Financial exploitation may involve coercion, manipulation, threats, intimidation, misrepresentation, or the exerting of undue influence. The term includes:
(A)the breach of a fiduciary relationship, including the misuse of a durable power of attorney or the abuse of guardianship powers, that results in the unauthorized appropriation, sale, or transfer of another person's property;
(B)the unauthorized taking of personal assets;