Elder Abuse: The Criminal Aspects of Estates & Guardianships, and Mental Commitments



Journal Title

Journal ISSN

Volume Title


Estate Planning and Community Property Law Journal


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.



Elder abuse, Guardianships, Mental commitments, Prosecuting abuse of the elderly, Prosecuting abuse of the disabled, Incapacity, Guardianship incapacity, Criminal incompetence, Minors in criminal proceedings, Mental commitment of minors, Mental commitment of adults, Texas Family Code, Texas Estates Code, Texas Penal Code, Texas Human Resources Code


10 Est. Plan. & Cmty. Prop. L. J. 225