Elder Abuse: Caretaker’s Taking of Patient’s Meds = Financial Exploitation

Elder abuse in Palm Beach and throughout Florida is a huge concern for family members, loyal attorneys who serve their clients, and law enforcement. Sadly, financial abuse is not limited to the Sunshine State.  Here is a Washington case involving allegations of elder exploitation by a caretaker.  If you are a family member of a loved one who has become more vulnerable as they have aged, you may want to read this.

Elder Receiving End of Life Treatment

• October 2010: Estera was the co-owner of an adult family home
• Elaine, one of the residents of the home, was in hospice care
• Elaine was receiving “comfort medications,” including liquid morphine, for end of life treatment
• October 12, Estera was emotionally distressed and in physical pain.

Caretaker Takes Elder’s Morphine

• Estera took Elaine’s morphine and ingested some
• She was admitted to the psychiatric unit after she told the treating staff that she ingested the morphine in a failed suicide attempt

State Investigates Treatment of Elder

The state investigated and found that the caretaker financially exploited a vulnerable adult.

Financial Exploitation is Defined Broadly

• In Washington, the interpretation of “financial exploitation” raises a question of law
• Washington has an elder abuse statute: the Abuse of Vulnerable Adults Act
• This elder abuse law was enacted to protect vulnerable adults who “may be subjected to abuse, neglect, financial exploitation…”
• “financial exploitation” is defined in that state as “the illegal or improper use of the property, income, resources, or trust funds of the vulnerable adult by any person for any person’s profit or advantage other than for the vulnerable adult’s profit or advantage.”

The court found that since Estera took the property of a senior citizen, & that was exploitation. The caretaker lost.

Financial Abuse in Palm Beach & Boca Raton Is a Crime

In Florida, financial exploitation of Florida’s senior citizens is a crime.  In Palm Beach, the Palm Beach State Attorney’s office (what New Englanders might call the District Attorney’s office) http://www.sa15.state.fl.us/stateattorney

and the Palm Beach County Sheriff’s Office http://www.pbso.org/

have their own teams of professionals addressing elder abuse.

Recovering Damages for Financial Exploitation In Palm Beach

There are number of Florida civil legal remedies:  if you or a loved one have been harmed financially, there are lawsuits which you may bring to try to recover damages for the financial abuse or the elder abuse. You may be able to sue for:

• conversion
• civil theft
• breach of fiduciary duty
• punitive damages

If you want to read the court’s legal opinion about this caretaker financial exploitation case, here is the link :  http://www.courts.wa.gov/opinions/pdf/701380.pdf