In Florida, elder abuse is outlined in Florida statute It is elder abuse when the victim is older than 60 years old. When the adult is at least 18 years old but under 61 years of age, it is considered abuse of a disabled adult.
Many senior adults require some degree of caretaking as their physical and mental faculties decline. Caretakers may also be a family member, friend, or other acquaintance who helps a senior manage their affairs. The Business Trial Group elder exploitation lawyers handle cases on a contingency-fee basis.
Because our firm handles litigation involving the financial exploitation of our vulnerable elderly population, it is suprising to learn that many people do not what to do when they suspect exploitation. Often, they wait too long before the money is long gone, the accounts are changed, deeds are transferred, and the exploiters have left. If you would like to review the entire Adult Protective Services Act, it can be reviewed in its entirety at this link.
It includes both acts and omissions. It may also take the form of deception by misrepresentation or concealment of a material fact relating to services rendered, the disposition of property, or the use of property that is intended to benefit a vulnerable adult. Intimidation by word or act to a vulnerable adult that the person will be deprived of food, nutrition, clothing, shelter, supervision, medicine, medical treatment, money or financial support is elder abuse. It may also take the form of neglect by the failure or omission on the part of the caregiver to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including food, clothing, medicine, shelter, supervision, and medical services.
Their prime hunting ground is the place with the largest elder population in the U. It's called financial elder abuse and we spoke to a family who fought to get back their stolen life savings. Phillip Deeb showed us a crumpled newspaper clipping of a man who promised to invest his money, but stole his life's savings instead.
The other person present may not be an alleged perpetrator in any report currently under investigation. Before participating in such interview, the other person present shall execute an agreement to comply with the confidentiality requirements of ss. The absence of an attorney or other person does not prevent the department from proceeding with other aspects of the investigation, including interviews with other persons.
Florida statutes specifically address abuse, neglect, and exploitation of elders and disabled adults. See ChapterFlorida Statutes. Skip to Main Content.
Elder abuse is one of the fastest growing crimes in the State of Florida. Florida law provides for harsh penalties if an elderly or disabled person is exploited. Because of complex relationships within a family and other issues in these difficult cases, false or exaggerated accusations are common. In some of these cases, the elderly person agrees to give money to a caregiver or family member, but unless those intentions are clearly stated or written, allegations of financial exploitation will be aggressively investigated.
In Specialty Hospital-Gainesville v. Bartha three-judge panel of the First District Court of Appeal in Florida held a separate cause of action for elder abuse cannot be maintained when the elder abuse claim is based on allegations of medical negligence. By way of background, Charles Barth developed a deep-tissue pressure ulcer while receiving medical treatment at Select Specialty Hospital-Gainesville Specialtya long term acute-care facility.
Click on link for multiple ways to report elder abuse. Abuse includes omissions. Neglect: failure or omission on part of caregiver or vulnerable adult self-neglect should also be reported to provide care, supervision and services necessary to maintain the physical and mental health of the vulnerable adult.