Legal Question in Elder Law in Texas

Possible elder exploitation by handyman (elder recently diagnosed with dementia)

My mom (dementia/above-knee amputee) lives off a trust. She's employed a handyman for a few years (about $30-40K) a year to him. His wife is employed by my uncle who is trustee of her trust and writes the checks to HM. Children have suspicion and some evidence that he is exploiting her, as he just knows way too much about her finances and is using her dementia to the hilt. I'm her POA and hired in-home care 24/7 for her (bills sent to trust).I told HM he was no longer needed, as we needed the funds to pay for her personal security and health care. HM tells mom that I want to put her in a nursing home, turns her against me in her demented state, and continues working for her. (House is just a 3/2 on a city lot and does not need a full-time handyman--who does?) He offers to take her to the doctor (gives bill to wife for that and is paid), buys her donuts (she thinks he's being nice) gives that bill to wife and gets paid, etc. Can we do anything to stop him? He has to be doing something illegal. We can have her declared incompetent, but would like to spare her dignity. How about Adult Protective Services? He makes up things to do (shampoo carpets, change lightbulbs, feed dog) when the people already there can do that.


Asked on 5/13/04, 1:21 pm

1 Answer from Attorneys
Loyd Wright Loyd H. Wright

Re: Possible elder exploitation by handyman (elder recently diagnosed with demen

First, what is the uncle/trustee's position on all of this? A guardianship may be your only option for someone to get control of the situation and find out what has occurred. Individuals in her mental condition are easily manipulated into thinking those around them are the only friends they have and everyone else is out to get her money when the exact opposite may be true. Someone needs to have her examined by a psychiatrist and independently scrutinze her financial records and transactions and go from there.

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Answered on 5/13/04, 2:21 pm


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