PROTECTING VULNERABLE ADULTS WITH EXPLOITATION RECOVERY LAW
The Exploitation Recovery Law Overview
On July 1, 2018, the new law, Injunction for Protection from Exploitation/Asset Protection for Vulnerable Adults, went into effect. Under the new injunction statute, using the current framework for injunctions against domestic violence, a circuit court can provide a process to “stop the bleed” of assets where vulnerable adults are being victimized. This injunction provides another tool to stop exploitation and undue influence of seniors and those with disabilities. Once again, Florida is at the forefront of protecting our most vulnerable citizens from exploitation. There is no comparable process anywhere in the U.S.
The Outcome of the Exploitation Recovery Law
Since July 1, 2018, victims of exploitation have been able to walk into a court without an attorney or court filing fees and get an asset freeze from the court, even if their money has been moved to another person’s account. This new process has saved victims across the State of Florida their life savings and prevented predators from succeeding in exploiting vulnerable adults.
The Miller Elder Law Firm Role
Shannon Miller of The Miller Elder Law Firm co-drafted the legislation for the Elder Law Section and the North Central Florida Senior Advocacy Network. Shannon has provided extensive education on the statute for the layperson and attorney. She has also helped educate the court clerks across Florida along with judges and legal aid advocates and assisted in the development of procedures and forms to implement the new law. The Miller Elder Law Firm has taken on several complicated cases and has been successful in stopping exploitation against our clients.
Shannon Miller is a founding member of the NCFSAN and the legislative co-chair of the Elder Law Section of The Florida Bar, and continues to testify and advocate before the legislature on issues related to the protection and empowerment of seniors and those with disabilities.
Advantages of the Exploitation Recovery Law
The law gives judges a wide range of remedies to stop exploitation including:
- Removing an exploiter from the home of the victim, and prohibiting any contact.
- Freezing assets.
- Setting aside documents that were obtained illegally.
- Keeping predators from certain facilities indefinitely (in some cases).
- Returning assets to victims.
- Other possible remedies.
We can help! Contact The Miller Elder Law Form today for an initial consultation at (352) 379-1900 or fill out our convenient contact form.