How can I report elder abuse and seek guardianship of my father in Texas?

Question

I am concerned about my 86-year-old father, who is being financially exploited by his 56-year-old girlfriend. He has spent around $170,000 on her and those living with her, but she does very little to assist him. My father's health is declining, his dementia is worsening, and he spends most of his time sleeping. He was in favor of hospice care until he spoke with her, and now he is against it. She calls him primarily when she needs something, often leading to substantial purchases like $671 spent on groceries with only junk food brought home. There is no legal guardian assigned to him, and he has a will. I would like to report potential elder abuse and seek guardianship. Adult Protective Services have been contacted several times, but the cases were closed after speaking only with my father. As the only living child, what are my options?

John Michael Frick · Answer

If your father is no longer mentally competent, you can petition to be appointed as his guardian.  If he is mentally competent, he can legally spend his money however he wants, including buying junk food for a younger girlfriend and those living with her.  APS investigates allegations of elder abuse but, if they interview the victim and the victim appears competent and supports the expenditures, it will close its investigation as unfounded.

James L. Arrasmith · Answer

You should immediately report suspected financial exploitation as elder abuse by contacting Adult Protective Services again and also filing a criminal complaint with your local police or the county attorney’s office under Texas Penal Code § 32.53 (abuse of a vulnerable person). 
 
To seek guardianship, you must file an application in the probate court of the county where your father resides, alleging that his dementia and declining health render him incapacitated and unable to manage his affairs. Include a medical affidavit or evaluation confirming his cognitive impairment, and serve notice on his girlfriend and any other interested parties so the court can appoint an attorney ad litem to represent your father’s interests. 
 
At the guardianship hearing, present evidence of the financial exploitation—bank records, purchase receipts, and statements about the girlfriend’s control over your father’s funds—and request that the court appoint you as guardian of his person and estate. Once appointed, you’ll have authority to manage his finances, protect his assets, and ensure his care aligns with his best interests.

Q: How can I report elder abuse and seek guardianship of my father in Texas?