5 FAQ’s About Elder Abuse & Financial Exploitation of the Elderly in Florida

Who’s watching the money ?  Probate attorneys in Florida many times are called  by family members, concerned with an elderly parent or uncle or aunt…..and whether they are being financially exploited.  Here are 5 frequently asked questions about financial exploitation and elder abuse which Florida estate attorneys are often called upon to explain.

1.  Q:  What is Financial Exploitation or Elder Abuse?  ANSWER: Most Florida estate attorneys refer to financial exploitation as someone taking financial advantage of an elderly person.  Elder abuse and exploitation of a financial nature often involves someone who is not acting in a Florida senior citizen’s best interests.   Common examples include removing money from a checking account and not using it for the senior citizen’s benefit, or mis-using a power of attorney.
2. Q:   Who can complain about financial exploitation ?   ANSWER:  Most anyone can file a criminal complaint but remember that this is serious stuff.   Concerned family members and others with legal standing can file a probate lawsuit or a civil lawsuit if the senior citizen or Florida elder cannot.  A determination that you have to make is whether  you want to file criminal charges or seek civil damages.  On the lawsuit front, most estate litigation attorneys in Florida will tell you that your legal “choices” often depend on whether the Florida elder or senior citizen is competent or not.
3. Q:  Do I need to file a Florida guardianship?   ANSWER: It depends.  If your elderly family member is not competent or has diminished capacity, you may need to ask a Palm Beach probate court to intervene.  Palm Beach probate courts hear all guardianship matters and will appoint an elder law attorney to look out for and protect the senior citizen.   It can get confusing if your family member who may be financially exploited has a POA (power of attorney) or Florida revocable trust.  In that case, you may not need a guardianship although you want to talk to the POA and the Trustee. The challenge becomes if you believe that the POA is being mis-used (mis-use of power of attorney) or the Trustee of the revocable trust is not operating the Florida trust properly. What if the “bad guy” (or bad woman) IS the POA or Trustee?  
4. Q:  What do I do if I believe money is being mis-appropriated and a senior citizen is being taken advantage of?  ANSWER:  Pick up the phone and talk to your elderly family member or senior citizen.  Maybe there is a simple explanation or a mis-understanding.  Tell your elderly parent or family member about your concern and why you believe that financial exploitation may be going on.  That simple phone conversation will help your Palm Beach probate litigator with advising you on your next steps.  Remember:  if your parent is competent and is not being unduly influenced, he or she can do whatever they want with their money.  After all, it’s their money, not yours.  And they can give it to anyone they want, and they can do with it whatever they want, even if you don’t like it or think it’s silly.
5. Q:  What if I believe that someone is stealing from my elderly relative? ANSWER: I believe that most Florida estate attorneys would tell you to act fast.  If money is being stolen, then often, when it goes, it’s gone and may be hard to get back.  Also, failing to address a possible problem now may lead to bigger problems later.  Talk to a Florida probate lawyer who handles financial exploitation lawsuits: someone who actually tries cases and goes to court.