Elder Abuse: The Criminal Aspects of Estates & Guardianships, and Mental Commitments
Smith, Darlene Payne
The Texas Family Code and Texas Estates Code have worked to overlap in an adequate fashion in dealing with the juvenile offenders, but not with incapacitated adults. In comparison, when you look to the Texas Penal Code, little has been done to acknowledge guardianships, require notice to guardians, or provide protection to the incapacitated if the adult is under a guardianship. This article discusses the treatment that the elderly, minors, incapacitated persons, and the mentally ill face in the criminal justice system, as a victim or defendant.