Financial Exploitation of the Elderly
Unfortunately, abuse and exploitation of the elderly is a common occurrence. Trusted family members, friends, advisors, accountants, attorneys, stockbrokers, and bankers often take advantage of their vulnerabilities of the elderly and informed, in some instances breaching their duties owed to that eldelry person, or abusing the powers granted to them. One of the most common kinds of abuse or exploitation of the elderly is financial. Bad actors gain the trust of an unsuspecting senior and then attempt to deprive them of their assets.
Protecting the Elderly From Abuse
As a society, we must protect the elderly and adults with disabilities. If you believe that your loved one is being abused or exploited, contact a Miami Elder Abuse Attorney today. Staying vigilant and keeping in constant contact with your loved one can help prevent elder abuse and neglect. It is critical that you watch for warning signs that a person may be taking advantage of your loved one. According to the National Council on Aging, signs of physical elder abuse may include bruises, burn marks or broken bones while signs of neglect may be in the form of bedsores or poor hygiene.
Financial abuse and exploitation may be evidenced by unusual or large withdrawals from a bank account, assigning a power of attorney to a family member, an acquaintance or a new friend, excessive charges on a credit card, or a change of beneficiary of a bank account or stock account. Additional examples include individuals convincing the elderly person to change their will or trust to include that person as a beneficiary or to effectively disinherit other family members or trusted friends.
People attempting to take advantage of the elderly have only gotten more advanced in the way they defraud them or misappropriate the elderly person’s assets. If you believe that your loved one has been the victim of elder abuse, exploitation, or neglect, you need the help of an experienced lawyer. You and your loved one have rights under Florida law that can be asserted in an elderly abuse lawsuit.
Under the Florida Statutes, Chapter 825.102, abuse of an elderly person or disabled adult is defined as:
- (a) Intentional infliction of physical or psychological injury upon an elderly person or disabled adult;
- (b) An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; or
- (c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult.
F.S. 825.103 defines exploitation of an elderly person or disabled adult. According to the statute, exploitation can occur by a person who:
- Stands in a position of trust and confidence with the elderly or disabled adult; or
- Has a business relationship with the elderly person or disabled adult.
The elderly and adults with disabilities are some of our most vulnerable citizens, exploitation of these individuals is expressly prohibited under the statutes mentioned above as well as under Florida’sAdult Protective Services Act which serves to protect these individuals from abuse neglect and exploitation.
Levin Law handles cases on a variety of financial arrangements, including contingency, billable, flat fee, as well as others. Our attorneys have handled numerous elder abuse and exploitation cases. Contact us immediately for a free, no-obligation case consultation.
Contact our offices today at (305) 402-9050, contact@levinlawpa.com, or submit an online contact form.
