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How Does Florida House Bill 1041 Help Protect the Elderly, Specifically Vulnerable Adults?

House Bill 1041 made the penalties harsher and more severe for individuals convicted of the following offenses on an elderly or disabled person: Abuse, Neglect, Exploitation, or Aggravated Manslaughter. An individual who is found guilty of those offenses shall be seen as having predeceased the victim. They shall not inherit from the victim’s estate, trust, or other beneficiary interest. Further, they shall be prohibited from serving as personal representative of the estate. 

The Importance of House Bill 1041

This bill is good because it prevents a bad actor from profiting from their bad acts. The bad actor is punished for their bad behavior toward the vulnerable adult instead of being rewarded and profiting from their bad deeds. Further, in the absence of a qualifying conviction of the enumerated offenses listed above, the court may determine by the greater weight of the evidence whether the bad actor’s conduct caused the death. That means even without a conviction, you may have a chance to stop the bad actor from profiting. 

Other Tools for the Public

The legislature also gave the public more tools regarding an injunction against exploitation of a vulnerable adult. A member of the public can now obtain a 15-day temporary injunction without having to hire an attorney. Further, the injunction may be obtained without notification to the bad actor. That way the bad actor does not have an opportunity to clean out the vulnerable adult’s bank account prior to the bank account being frozen. Further, once the injunction is in place, it can be extended after that for up to a total of 30 days. This allows you time to seek an emergency guardianship of the vulnerable adult within that time frame.  

Durable Power of Attorney

House Bill 1041 allows for an agent under a durable power of attorney (DPOA), which delegates power to petition for an injunction against exploitation of a vulnerable adult. Before this, there were more restrictions on who could file for an injunction for protection against a vulnerable adult.   

The bill also enables the court to make a one-time extension of the injunction for 30 days. That allows you more time when you are scrambling to get all the information you need to prepare for the injunction hearing. That time is invaluable to you so that you are prepared for the injunction hearing. 

If you have more questions regarding a 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 does not form an attorney client privilege.