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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 705ADULT PROTECTIVE SERVICES
SUBCHAPTER ADEFINITIONS
RULE §705.1011How is financial exploitation defined?

(a) In this chapter, when an alleged perpetrator is a caretaker or paid caretaker, family member, or other individual who has an ongoing relationship with the alleged victim, financial exploitation is defined as the illegal or improper act or process of an alleged perpetrator using, or attempting to use, the resources of the alleged victim, including the alleged victim's social security number or other identifying information, for monetary or personal benefit, profit, or gain without the informed consent of the alleged victim. There is no informed consent when it is:

  (1) not voluntary;

  (2) induced by deception or coercion; or

  (3) given by an alleged victim who the actor knows or should have known to be unable to make informed and rational decisions because of diminished capacity or mental disease or defect.

(b) In this chapter, when an alleged perpetrator is a caretaker, family member, or other individual who has an ongoing relationship with the alleged victim, financial exploitation excludes Theft in Chapter 31 of the Texas Penal Code.

(c) In this chapter, when an alleged perpetrator is a paid caretaker, financial exploitation includes, but is not limited to, Theft in Chapter 31 of the Texas Penal Code.


Source Note: The provisions of this §705.1011 adopted to be effective September 1, 2012, 37 TexReg 6316

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