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What is Exploitation of a Vulnerable Adult? 

Florida Statute 415.102(28) defines vulnerable adult as a person 18 years old or older whose ability to perform the normal activities of daily living or to provide for their own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging. 

What is exploitation?

Knowingly obtaining or using, or endeavoring to obtain or use, a 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 the funds, assets, or property, or to  benefit  someone other than the vulnerable adult, by person who:

1. Stands in a position of trust and confidence with the vulnerable adult; or
2. Has a business relationship with the vulnerable adult

Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use a 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 the funds, assets or property, or to benefit someone other than the vulnerable adult, by a person who knows or reasonably should know that the vulnerable adult lacks the capacity to consent. 

Breach of a fiduciary duty by the vulnerable adult’s guardian, trustee, or agent under a Power of Attorney= POA which results in the unauthorized appropriation, sale, or transfer of property. 

Unauthorized appropriation when the vulnerable adult does not receive the reasonably equivalent financial value in goods or services, or when the fiduciary violates specified duties. 

When an Agent: 

1. Commits fraud in obtaining appointment
2. Abuses powers
3. Wasted, embezzles, or intentionally mismanages assets of vulnerable adult, or
4. Acts contrary to vulnerable adult’s sole benefit or best interest. 

When a Guardian/trustee: 

1. Commits fraud in obtaining appointment
2. Abuses powers
3. Wastes, embezzles, or intentionally mismanaged assets of ward or trust beneficiary. 

Misappropriating, misusing, or transferring without authorization money belonging to a vulnerable adult from an account in which the vulnerable adult placed the funds, owned the funds, and was the sole contributor or payer of the funds before the misappropriation, misuse or transfer. 

Only applies to personal accounts, joint accounts created with the intent that the vulnerable adult enjoys all rights, and convenience accounts. 

Intentionally or negligently failing to effectively use a vulnerable adult’s income and assets for the necessities required for the person’s support and maintenance, by a caregiver or person who stands in position of trust and confidence with vulnerable adult. 

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.