Exploitation of the elderly legislation goes into effect today!
Beginning October 1st, 2014, there are new laws to assist with stopping the exploitation of the elderly.
There is now a PERMISSIVE PRESUMPTION OF EXPLOITATION. There is a presumption of exploitation independent of capacity issues when you have the following:
1) Transfer without value of over $10,000;
2) exploited individual is 65 or over or disabled; and
3) Predator is a non-relative who has known the victim less than years before the first transfer.
There are also new provisions regarding violations of fiduciary duties which will assist law enforcement and attorneys in stopping exploitation of vulnerable adults. Guardians, trustees and attorneys in fact can no longer take money from personal, joint or convenience accounts if the sole contributor is the vulnerable adult.
Shannon Miller worked closely with Prosecutors and Florida Legislators to pass this ground breaking legislation and The Miller Elder Law Firm is thrilled to see it go into effect today.