attorney who specialize in expoltation of disabled person south florida

What is exploitation of the elderly in Florida?

Under F.S.§415.1111, "exploitation" of the elderly occurs when a person stands in a position of trust and confidence with a vulnerable adult and 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 deprive a ...

What is exploitation of the elderly give examples?

Examples of this type of financial abuse might include: Using an older parent's ATM card without their permission. Forging or misusing an older person's checks. Using the authority granted by a power of attorney to use the older person's funds for one's own needs.

What is elder law in Florida?

Elder Law is defined as any legal issue involving health and personal care planning for the senior population and their caregivers.

What is the penalty for elder financial abuse in Florida?

The crime of Exploitation of an Elderly Person or Disabled Adult of $10,000 to $50,000 is a Second Degree Felony in Florida and punishable by up to fifteen years in prison, fifteen years of probation, and a $10,000 fine.

What to do if someone is taking advantage of a disabled person?

Order of Protection: You can seek an Order of Protection in civil court to protect people with disabilities or older adults from financial exploitation if their disability prevents or makes it harder for them to obtain protection themselves, and if the financial exploitation was committed by a family or household ...

What is exploitation of a disabled person?

(c) “Exploitation” means an action that involves the misuse of an adult's funds, property, or personal dignity by another person. (b) “Adult in need of protective services” or “adult” means a vulnerable person not less than 18 years of age who is suspected of being or believed to be abused, neglected, or exploited.

What type of elder abuse is most common?

neglectQuick Facts About Elder Abuse According to the National Council on Aging (NCOA), elders are more likely to self-report financial exploitation than emotional, physical, and sexual abuse or neglect. According to the NCEA, neglect is the most common type of elder abuse.Mar 4, 2020

How do I report financial exploitation of the elderly in Florida?

Call: 1-800-962-2873 | Online at: ReportAbuse.dcf.state.fl.us.

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What is the meaning of "trustee" in Florida?

For the purposes of Florida’s law against the financial exploitation of an elderly person under § 825.103 (1) (c), Fla. Stat., the term “trustee” must be an individual. The term “unauthorized appropriation” occurs when: the elderly person or disabled adult does not receive the reasonably equivalent financial value in goods or services; or.

What is financial exploitation?

Most accusations of financial exploitation of the elderly involve disputes between family members or caregivers over managing an elderly person’s income, bank accounts, and other assets. Other types of financial exploitation crimes involve allegations of theft, fraud, unauthorized real estate transactions, contractors scams, investment scams, ...

What is the Florida statute for exploiting an elderly person?

Under Florida Statute § 825.103 (1) (a), in order for a prosecutor with the State Attorney’s Office in Florida to prove the crime of Exploitation of an Elderly Person or Disabled Adult, the State must prove the following elements: The victim was an elderly person or a disabled adult;

What is the standard jury instruction?

The Standard Jury Instruction 14.9 provides for a statutory inference that can be read to the jury in a financial exploitation case being prosecuted under § 825.103. That special jury instruction provides:

What is the definition of trust and confidence in Florida?

Stat., the term “position of trust and confidence” with respect to an elderly person or a disabled adult is defined to include the position of a person who: Is a parent, spouse, adult child, or other relatives by blood or marriage of the victim;

Where is Sammis Law Firm?

The attorneys at Sammis Law Firm in Tampa, FL, help family members who have discovered that the financial exploitation of an elderly person is occurring. Many of these cases involve a caregiver deliberately exploiting an elderly or disabled person for an ill-gotten financial gain.

Where to contact an attorney for exploitation of elderly?

If you have been accused of taking advantage of a vulnerable adult, contact an attorney in Tampa, FL, at the Sammis Law Firm to discuss the case.

What is a 3rd degree felony in Florida?

Under Florida law, the crime is charged as a third-degree felony, punishable by up to five (5) years in Florida State Prison if the person acts with either culpable negligence or willfully to neglect a disabled adult or elderly person without causing permanent disfigurement, ...

What is a third degree felony?

Third Degree Felony for Neglect or Abuse of a Disabled Adult or Elderly Person. Even when the alleged conduct does not cause any great bodily hard, permanent disfigurement or permanent disability, any person found guilty of such a crime of neglect or abuse of a disabled adult or elderly person can be found guilty of a third-degree felony which is ...

What is Section 825.102?

Section 825.102 – Abuse or Neglect of Disabled or Elderly Person. Under Florida law, the abuse of a disabled adult or elderly person is defined as willfully and knowingly either: An intentional act that could reasonably be expected to result in psychological injury or physical injury to a disabled adult or elderly person; ...

What is the intentional infliction of psychological injury or physical injury upon a disabled adult or elderly person?

the intentional infliction of psychological injury or physical injury upon a disabled adult or elderly person; or. an act that actively encourages any third person to commit an act that could reasonably be expected to result in psychological or physical injury to a disabled adult or elderly person ...

What is a great bodily harm?

great bodily harm, or. permanent disability. Unlawfully and willfully cages a disabled adult or disabled peron; Willfully tortures a disabled adult or disabled person; or. Maliciously punishes a disabled adult or disabled person.

How long is aggravated abuse in Florida?

When the alleged conduct does result in permanent disability, great bodily harm or permanent disfigurement, then the criminal offense of aggravated abuse of an elderly person or disabled adult can be charged as a first-degree felony punishable by 30 years in Florida State Prison.

Why is financial exploitation common in Florida?

Because of complex relationships within a family and other issues in these difficult cases, false or exaggerated accusations are common. In Florida, financial exploitation of the elderly occurs when a caregiver or relative of an elderly person misuses, withholds or steals the elderly person’s money, property, or valuables for personal advantage ...

Mary Alice Jackson, Esq

Area (s) Served: Sarasota, Florida and surrounding counties. Also licensed in Texas

Nicola J. Melby, CELA

McCarthy Summers Wood Norman Melby & Schultz, PA [email protected]

What is breach of fiduciary relationship?

Breaches of fiduciary relationships, such as the misuse of a power of attorney or the abuse of guardianship duties, resulting in the unauthorized appropriation, sale, or transfer of property.

What is vulnerable adult in Florida?

According to Florida Statute §415.1111: “A vulnerable adult who has been abused, neglected, or exploited as specified in this chapter has a cause of action against any perpetrator and may recover actual and punitive damages for such abuse, neglect, or exploitation. The action may be brought by the vulnerable adult, ...