Shannon Miller, ESQ, Presents Expertise At Conference
Miller Elder Law Firm attorney Shannon Miller has been invited to speak at this year’s NAELA Conference in Orlando, FL to share her expertise in the exploitation of the elderly. The National Academy of Elder Law Attorneys Annual Conference is designed to keep law practitioners current on the latest in elder and special needs law including legislative and case law updates.
Ms. Miller will be presenting on Florida’s new exploitation statute and implementation in the legislature. She worked closely with Prosecutors and Florida Legislators to pass this groundbreaking legislation in October 2014 and will share her expertise with fellow Elder Law attorneys.
A Review of Florida’s New Exploitation Law
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;
3) Predator is a non-relative who has known the victim less than two years before the first transfer.
There are also new provisions regarding violations of fiduciary duties which will assist law enforcement and attorneys in stopping the 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.