Florida’s Exploitation Injunction Law Against Financial Exploitation.
As we age, it becomes increasingly important to protect our loved ones, especially vulnerable adults, from potential financial exploitation. In Florida, the Miller Elder Law Firm is dedicated to advocating for the rights and well-being of older adults. Today, we shed light on an essential tool in safeguarding vulnerable adults: the Exploitation Injunction Law. It has saved victims their life savings and prevented predators from succeeding in exploiting vulnerable adults.
A Technical Summary Of The Law
The purpose of the proposed amendments to Chapter 825 is to provide a process through which vulnerable adults – or persons on their behalf — can get a temporary court order without the need for legal representation to place a freeze on assets, preventing an exploiter from draining accounts and disappearing.. In addition, these changes allow a Vulnerable Adult to proceed without going through an incapacity guardianship process. “Vulnerable adults,” already defined in Section 415.102, Florida Statutes, include persons with disabilities or cognitive deficits due to advanced age. These individuals are especially susceptible to being victimized through financial exploitation. Although there are statutory provisions that provide for civil and criminal remedies for exploitation, there is no process to quickly “stop the bleed” of assets being dissipated. In addition, most of the available remedies, like the use of emergency guardianship, require a determination of incapacity, and representation by an attorney. This Bill closely follows the framework already in place for injunctions to protect victims of domestic violence, which lends itself well to allow for temporary court intervention to “freeze” assets before a perpetrator can drain accounts and disappear.
This law puts Florida in the forefront of protecting our seniors from financial exploitation. There is no comparable process anywhere in the United States. Florida’s Exploitation Injunction Law serves as a formidable shield against financial exploitation, empowering individuals to take legal action to prevent harm. It recognizes that vulnerable adults, including seniors and those with disabilities, are susceptible to undue influence, fraud, or coercion that can lead to devastating financial losses.
Key Provisions of the Exploitation Injunction Law
- Proactive Protection: The law allows concerned family members, caregivers, or concerned individuals to petition the court for an injunction to safeguard a vulnerable adult from potential financial exploitation. This legal recourse acts as a proactive measure to prevent financial harm.
- Swift Legal Intervention: Once a petition is filed, the court takes immediate action, ensuring that the vulnerable adult is shielded from any ongoing exploitation. The law’s rapid response mechanism prioritizes the well-being of the vulnerable adult.
- Comprehensive Protection: The Exploitation Injunction Law provides a wide range of remedies, including freezing assets, restraining orders against the alleged exploiter, and even removing the exploiter from the vulnerable adult’s life. This multi-faceted approach ensures the comprehensive protection of the vulnerable adult’s financial interests.
The Role of Elder Law Attorneys
Navigating the legal landscape can be complex, especially when dealing with issues of financial exploitation. This is where the Miller Elder Law Firm steps in. Our experienced elder law attorney team understands the intricacies of the Exploitation Injunction Law and are dedicated to advocating for vulnerable adults and their families. We provide compassionate legal support, guiding families through the process and ensuring their loved ones are protected.
Florida’s Exploitation Injunction Law is a powerful tool in the fight against financial exploitation of vulnerable adults. By understanding the key provisions and seeking the guidance of legal professionals like the Miller Elder Law Firm, we can collectively work to safeguard the well-being and financial security of our loved ones. Let us stand united in protecting our vulnerable adults and ensuring their golden years are free from exploitation.
At The Miller Elder Law Firm, we have a special relationship with this law not only because we use it often, but also because Shannon Miller, owner and founder of our firm, co-drafted this legislation for the Elder Law Section of the Florida Bar and the North Central Florida Senior Advocacy Network. Additionally Shannon and Genna have traveled around the state of Florida educating judges, clerks, and assistant state attorneys about to use it to protect vulnerable adults.
If you suspect a loved one may be a victim of exploitation, please contact us and we can help you navigate through the process to stop the exploitation. We have the experience and expertise to protect the victims and preserve their finances and assets.
