Elder exploitation is a growing concern in Florida, where a large senior population is vulnerable to financial abuse, neglect, and other forms of mistreatment. The state has strong legal protections in place to prevent and address the exploitation of vulnerable adults. If you suspect that a senior is being exploited, it is crucial to act swiftly to protect their rights and well-being.
Understanding Elder Exploitation Under Florida Law
Florida law defines the exploitation of a vulnerable adult as the misuse or unauthorized control of a senior’s assets, funds, or property by deception, intimidation, or undue influence. This includes:
- Unauthorized withdrawals or transfers of money
- Forging signatures on checks or legal documents
- Pressuring or deceiving an elderly person into changing a Last Will or Power of Attorney
- Denying a senior access to their own financial resources
- Overcharging for services or unnecessary purchases
Under Florida Statutes § 825.103, exploitation of an elderly person or disabled adult is a criminal offense and can result in felony charges.
Steps to Take if You Suspect Elder Exploitation
If you suspect that a vulnerable senior is being exploited, take the following steps immediately:
1. Report to Adult Protective Services (APS)
The Florida Department of Children and Families (DCF) investigates elder abuse and exploitation. You can file a report with Florida’s Abuse Hotline at 1-800-96-ABUSE (1-800-962-2873) or online at myflfamilies.com.
2. Contact Law Enforcement
If there is immediate danger or evidence of financial fraud, contact local law enforcement. Many counties in Florida have specialized elder abuse units that investigate financial crimes against seniors.
3. Seek Legal Protection
An attorney experienced in elder law can help protect the senior’s assets by:
- Filing for an injunction (protective order) to prevent further financial abuse
- Petitioning for a guardianship or conservatorship if the senior is no longer able to manage their own finances
- Taking legal action to recover stolen assets
4. Notify Financial Institutions
If bank accounts, credit cards, or investment accounts are being misused, contact the relevant financial institutions immediately. Many banks have fraud protection programs specifically for seniors.
5. Review & Update Legal Documents
Ensure that the vulnerable senior’s Power of Attorney, Trust, and Last Will & Testament are up to date and not manipulated by an exploiter. Legal counsel can help revoke fraudulent documents and ensure that responsible parties are in place to protect the senior’s best interests.
6. Educate & Prevent Future Exploitation
Family members should educate seniors on common scams, including fraudulent telemarketing calls, phishing emails, and dishonest caretakers. Establishing financial safeguards, such as joint account monitoring or a trusted financial advisor, can also help prevent exploitation.
Legal Consequences for Elder Exploitation in Florida
Perpetrators of elder exploitation can face serious legal penalties, including:
- Felony charges, depending on the amount stolen
- Restitution orders to repay stolen funds
- Jail time and criminal fines
- Permanent disqualification from serving as a Guardian or Power of Attorney (Agent or Surrogate)
Conclusion
Florida takes elder exploitation seriously, and there are strong legal remedies available to protect vulnerable seniors. If you suspect financial abuse or exploitation, taking immediate action can help safeguard the rights and dignity of your loved one.
If you or a family member needs legal assistance regarding elder exploitation, consult an experienced Florida elder law attorney today.
The foregoing is a brief and very general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.
If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.