The July/August issue of Probate & Property features a story/article on elder abuse and financial exploitation of the elderly.
What is Financial Exploitation or Elder Abuse?
- You can’t take financial advantage of an elderly person
- When you do that, there can not only be civil damages, or what Palm Beach probate litigators call a Cause of Action, but also criminal charges brought
- Improperly using assets or taking money or property from a senior citizen is wrong and Florida law provides clear legal remedies
- Financial exploitation can also be present when someone improperly causes a senior citizen to transfer assets, make a gift, sign a will, change a will or trust
What Can I Do If I Suspect Financial Exploitation or Elder Abuse?
- If you suspect financial exploitation, you should consider contacting law enforcement or the State Attorney’s Office in Palm Beach County
- http://www.sa15.state.fl.us/stateattorney/
- There are also guardianship laws which can assist someone who is a vulnerable adult with getting protection by the courts. A guardian of the property could be appointed or a guardian of the person could be appointed or both. If you file a guardianship action with the Palm Beach probate court, someone can be appointed to protect the property of the Florida senior citizen.
Are There Warning Signs of Financial Exploitation or Elder Abuse?
- Look for new people who come into a loved one’s life and receive great trust and confidence
- Consider any close or confidential relationship by someone who has access to your loved one
- Is there financial activity?
- Like a radical change to an estate plan?
- Is a new person suddenly “involved” in the financinal life of your family member who may be vulnerable?
- Is the perpetrator all of a sudden going to the bank in Palm Beach ?
- Getting a power of attorney from a Florida estate lawyer that your loved one never hired?
- Getting their name on a joint Florida bank account?
- Getting access to the Boca Raton house?
What Are My Remedies If I Sue for Financial Exploitation or Elder Abuse?
- There are a number of Florida probate and civil remedies available depending on a number of variables
- Including a Florida financial exploitation law. See Florida Statute 415.111.