Financial Exploitation of the Elderly: Is it a Criminal or Civil Offense?

Is your sister taking advantage of your elderly parents? In Florida, are there laws to protect elderly people from financial exploitation? How can a guardianship lawyer help me? What do I do if I suspect that my elderly neighbors or grandparents are being financially exploited in Palm Beach? What is financial exploitation? Any guardianship or trust lawyer will tell you that financial abuse of the elderly in Palm Beach, and throughout the United States, is a serious concern.

Florida Probate Litigation and Financial Exploitation

• If you are concerned that a relative or friend is being financially exploited, you should know that there are criminal laws in Florida that punish a person for financially exploiting the elderly.
• Financial exploitation is frowned upon to a great degree in Florida.
• In fact, the State Attorney’s Office and law enforcement have special economic crime units that can help discover and combat these crimes.
• But the problem for some Florida estate lawyers is that, sometimes, a family member is the financial predator.
• There are also civil laws in Florida that punish a person for financial exploitation.
• Florida Statute §415.1111 says that 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.”
• Under this statute, who can bring this civil action?
• What if the “vulnerable adult” has a Florida court-appointed guardian?
• According to the statute, what exactly can a person recover?
• To read the entire statute, click here.