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What is the Difference Between A Vulnerable Adult and an Incapacitated Person in Orlando, Florida Area?  

Florida Statue 825.101(4)-Vulnerable Adult has the same meaning as Florida Statute 415.102(28)-Vulnerable Adult which means a person 18 years of age or older whose ability to perform the normal activities of daily living to provide for his or her own care protection is impaired due to mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging. 

Florida Statutes 744.1012(12)-Incapacitated Person means a person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person.  

Why is this distinction important and relevant? You can be a Vulnerable Adult and not be legally incapacitated. This is important if you are a relative or friend of someone you fear is being exploited; and you are deciding what to do. You have several options. You can file an Injunction for Protection Against Exploitation of Vulnerable Adult, an Emergency Temporary Guardianship, or both.  How do you decide what you do?

You can file an Injunction for Protection Against Exploitation of a Vulnerable Adult without the help of an attorney. However, you need an attorney to file a Guardianship. Further, an attorney can file an Injunction for Protection Against Exploitation of a Vulnerable Adult simultaneously with filing an Emergency Temporary Guardianship. An attorney can advise you as to the pros and cons of which to file; along with the advantages of filing an Injunction for Protection of Exploitation Against a Vulnerable Adult, an Emergency Temporary Guardianship, or both. They can explain to you what you must prove in order to obtain an Injunction for Protection Against Exploitation of a Vulnerable Adult, an Emergency Temporary  Guardianship, or both. 

If you have more questions regarding a Guardianship 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. You may also visit my website at: https//:www.AnnMarieGildenLaw.com

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