Ervin Maier, 81, is behind bars, accused of shooting and killing his wife, Okin Maier, 76.

Advocates of the elderly say this crime could have been prevented, but multiple attempts to intervene were shot down.

This tragic, and so you say, 'What can we do to help them?' Well, it looks like APS (Adult Protective Services) tried but they're not able to get guardianships if the medical reports don't support it," said Stephanie Townsend Allala, an elder law attorney who does not represent Ervin Maier.

Court documents obtained by KFOX14 show that last spring, the court granted Adult Protective Services an emergency order of protection for Ervin Maier after the agency's determined Maier was suffering from physical abuse posing a threat to his safety.

APS investigators testified Ervin Maier admitted his wife beat him with a cane and that he was afraid of her but refused to press charges. APS investigators found Ervin Maier admitted to seeing and hearing things other people couldn't, didn't know when the last time he ate was, and slept in his car for three weeks next to the hospital where his wife was staying.

But, a judge denied the full order of protection, and Ervin Maier was allowed to return to his home. It was the same home where police said he killed his wife.

doctor who evaluated Ervin Maier disagreed with the APS findings. The doctor asserted Ervin Maier was not in physical danger and did have the capacity to understand what was happening.

“A lot of times, things don't work out the way we want them to," said Grace Ortiz with Adult Protective Services.

"A huge part of that link is the physician's affidavit, and it looks like that's where this case ended. That's where this case stopped cold," said Allala.

APS said it could not comment on the Maiers' case specifically but told KFOX14 the elderly often refuse to break away from their abusers because they are dependent on them for care and fear the very agencies trying to help them

"Who's going to take care of me? I am going to a nursing home. What's going to happen to my normal way of living? And so that's why they don't say anything and they'd rather keep quiet and let things be the way they are," said Ortiz.

Allala said judges exercise great caution before granting emergency orders for adults.

"We live in the United States of America. If we are going to take your freedoms away, we are not going to do it lightly," said Allala.

Often, judges put a lot of weight into a doctor's evaluation, even if that doctor has never treated the patient before.

“You have a man saying, 'I want to go home.' You have a medical record saying he has capacity. What other choice would the judge have?" said Allala.

Allala explains there is a lot of gray area when it comes to evaluating and determining capacity.

“Capacity to do what? Do you have capacity to defend yourself against physical blows? Do you have the capacity to make the decision that you want to stay in a home with someone who is physically hurting you?" she said.

Ortiz said it is difficult when investigators present strong cases where they believe an adult is in danger and a physician may disagree.

“You know in your heart of hearts something is going on and you want to make a change and you want to make a difference. But bottom line, the judge has the last say. If the judge says no, then there is nothing we can do, but sit and wait and hope nothing happens. Sometimes it takes multiple cases," said Ortiz.

Both advocates said there are all types of elder abuse from children abusing their aging parents, one spouse abusing another or caregivers abusing elderly patients. Abuse can be physical, emotional or even financial. And while it's a serious problem facing the elderly in the community, it doesn't get a lot of attention.

“The elderly are the forgotten in our community," said Ortiz.

“The elderly and the disabled in our state have been left to fend for themselves," said Allala.

Ortiz said El Paso does a better job than the rest of Texas, and community partners have been playing a large role in helping APS provide services to the elderly.

"We all need to be vigilant of the elderly and disabled in our community. If you know someone who's elderly, go out, check on them. Bring them a meal. Just say hello," said Allala.