Elder Law Attorney | Ways to Stop Exploitation of an Elderly Adult
Unfortunately, in Florida, and across the country, there are several ways an elderly adult lacking mental facilities could be exploited and taken advantage of. If you believe a loved one is being taken advantage of, you should contact an elder law attorney or the authorities immediately.
To stop exploitation, there are a few things you must prove in the state of Florida. According to statute 825.1035, the family member must be considered a vulnerable adult. This must be an individual over the age of 18 who is unable to perform normal activities or duties due to an impairment such as age, disability or injury. Next, you must prove that the exploitation fits into a certain set of circumstances such as:
• Someone who is trusted by the elderly adult, such as a business relationship
• When someone should have known, the elderly adult lacked consent
• When the exploiter has access to the elderly adult’s funds, such as a trustee or power of attorney
• When there is a joint bank account that is being misused
• When an exploiter fails to give the support, necessary or withholds assets or income
While there are a variety of these elements, a temporary injunction of 15 days can be put in place with the help of an elder law attorney. This will give the exploiter no notice and allow 15 days to continue to gather evidence and make a case in front of a judge. The ability to get an injunction is a recent addition to Florida’s statutes and one that is very much welcomed by attorneys.
An experienced elder law attorney at the Law Office of Michelangelo Mortellaro can help make your case and defend your loved one from exploiters. Contact us today for a free consultation!