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Protecting the Elderly from Financial Elder Abuse and Exploitation in Orlando, Florida

Florida Statute Section 825.101(4) defines an elderly person as a person sixty (60) years of age 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. 

As individuals become elderly, many experiences a decline in their mental and/or physical capacities, and become unable to care for themselves. As a result, they become dependent on others to care for them. The introduction of third parties increases the opportunity for abuse.

The Florida DCF website defines adult exploitation as: Adult exploitation means a person who stands in a position of trust and confidence with vulnerable adult knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, a vulnerable adult’s funds, assets or property with the intent to temporarily or permanently deprive a vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult; or that a person who knows or should know that the vulnerable adult lacks the capacity to consent, obtains or uses, or endeavors to obtain or use, the vulnerable adult’s funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of funds, assets or property fort the benefit of someone other than the vulnerable adult. 

The Florida Department of Elder Affairs “FDEA” describes financial or material exploitation as the improper use of an elder’s funds, property, or assets; cashing checks without permission; forcing or deceiving an older person into signing a document; using an ATM/debit card without person. 

The FDEA website lists available resources and hotlines to contact in the event of actual abuse. DCF investigates abuse and exploitation of elderly and disabled adults. The Adult Protective Investigation Division of DCF handles such investigations. When the investigation is complete and the case closed with indications of abuse or exploitation must notify and send copies of its case synopsis to both local law enforcement and the State Attorney’s Office. 

Florida Statute Chapter 825 is titled Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults. Section 825103(1), Florida Statutes Exploitation of an elderly person or disabled adult; penalties sets forth the elements of the crime of exploitation of the elderly. Specifically, exploitation of the elderly is committed when anyone who stands in a position of trust and confidence or has a business relationship, with elderly person or disabled adult knowingly obtains or uses that person’s property for the temporary or permanent use of the offending person or a third person. The crime of exploitation of the elderly can result in a first, second, or third-degree felony depending on the value of the property involved.  

If you have any questions, or would like to further discuss this, or other Guardianship or Probate Litigation, please contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, P.A. at (407) 732-7620 to set up an initial consultation. You may also visit my website at https://www.AnnMarieGildenLaw.com.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create any attorney client relationship.