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You Can Now Get An Injunction to Prevent and Stop Financial Exploitation of the Elderly

There is a new Florida law that became effective July 1, 2018. It allows you to get an injunction against a person who is financially exploiting an elderly person. Florida Statute 825 is the statute that deals with the injunction. Prior to that new law, there was no process through which Vulnerable Adults or their loved ones/helpers could quickly prevent assets from being dissipated, without the necessity of hiring an attorney. Effective July 1, 2018, you can file a petition for temporary injunction without the assistance of attorney and without notification to the perpetrator, who would otherwise have an opportunity to clean out the assets of the vulnerable adult. Once the temporary injunction is in place, there are options available for extending the injunction after hearing, or the full return of funds to the victim at the hearing on the matter. 

Since the law has been passed, the circuit court can now provide a process to stop the bleeding of assets in cases where Vulnerable Adults are being victimized. Florida Statute 825.103 provides a process for court that empowers them to freeze the assets and issue injunctions to prevent exploiters from continuing to prey upon the most vulnerable adults. 

Exploitation of an elderly person or adult means knowingly obtaining, or using, or endeavoring to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult. For the complete Florida Statute, Google Florida Statute 825.

You will need to go to the courthouse and fill out an injunction. You need to list out the acts the person has done to exploit the elderly. For financial exploitation, you can attach bank accounts to show the financial exploitation. 

An elderly person means a person who is 60 or older who is suffering from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunction, to the extent that the ability of the person to provide adequately for the person’s own care or protection is impaired.

If you have more questions regarding a Guardianship, or Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only; and it does not form an attorney