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Exploitation FAQ

Please click a question below to learn answers to frequently asked questions tied to elderly exploitation.

What is considered exploitation and how does Florida law prevent it?

Exploitation is to knowingly obtain or use, or endeavor to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets or property. It can also be to benefit someone other than the elderly person or disabled adult, by a person who:

  1. Stands in a position of trust and confidence with the individual, or

  2. Has a business relationship with the elderly person or disabled adult

Luckily, Florida has some of the most advanced and specific laws to help these types of cases. We’ve taken advantage of these laws by creating tools, such as The Exploitation Injunction, that allow us to lock assets down.

What is considered exploitation and how does Florida law prevent it?

Exploitation is to knowingly obtain or use, or endeavor to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets or property. It can also be to benefit someone other than the elderly person or disabled adult, by a person who:

  1. Stands in a position of trust and confidence with the individual, or

  2. Has a business relationship with the elderly person or disabled adult

     

    The Facts of Elder Abuse:

    1. Of those over 65, one in five has been scammed or exploited. Half of those interviewed demonstrated signs of vulnerability.
    1. At least $3 billion dollars a year is lost to financial exploitation.
    1. Financial acuity increases with experience until the age of 53.3. After that age, our financial abilities begin to decline and continue to decline as we age.
    1. More than 1/3 of Americans over the age of 71 have some mild cognitive impairment.
    1. According to a Metlife market survey of reported swindles, 51% of scammers were strangers. 34$ were family, friends, and neighbors.
    1. 2/3 of elder abuse victims are women. African-American, Latino, poor and isolated adults are disproportionately victims of elder abuse.
    1. For every one case that is reported, 23 are unreported.
    1. Those with cognitive deficits suffer 100% greater economic losses than those without deficits.

Luckily, Florida has some of the most advanced and specific laws to help these types of cases. We’ve taken advantage of these laws by creating tools, such as The Exploitation Injunction, that allow us to lock assets down.

Who is at risk for financial exploitation?

Anyone can be a victim of financial exploitation. Older individuals can be more vulnerable to financial exploitation for a number of reasons.  Seniors are more likely to have disabilities that make them dependent on others for help.

Older individuals may:

  • Have significant income and accumulated assets
  • Be trusting and polite
  • Have predictable patterns that can be easily tracked and exploited
  • Be lonely and socially isolated
  • Be vulnerable due to grief from the loss of a loved one or friend
  • Be suffering from diminished capacity or physical disabilities
  • Be unfamiliar with managing financial matters
  • Be unprepared for retirement and the potential loss of financial decision-making capacity
  • Fail to pursue legal action as a result of illness or embarrassment
Who are the typical perpetrators of exploitation?

Anyone can be a perpetrator. 

Family members, including spouses, children, nieces, nephews, and siblings.

    • Some members may have substance abuse problems
    • They may feel they stand to inherit and feel justified in taking what they believe is “almost” or “rightfully” theirs.
    • They may feel a sense of entitlement
    • Have negative feelings towards the victim or other family members whom they want to prevent from acquiring or inheriting the older person’s assets

Predatory individuals who seek out vulnerable seniors with the intent of exploiting them.

    • Such individuals may profess a fondness for the older person (“sweetheart scams” and “twisted heart” cases)
    • Seek employment as personal caretakers, counselors, etc, to gain the older person’s confidence.
    • Move from community to community to avoid being apprehended.

Individuals who are in fiduciary positions with the elderly person.

    • They may use their positions of trust or respect to gain confidence
    • Use deceptive or unfair business practices
    • Overcharge for services or products

Other individuals including:

    • Acquaintances
    • Neighbors
    • Home repair contractors
    • Medicare scam operators
    • Internet scammers
    • Telephone and mail scammers
    • Other persons known or unknown to the older adult
What are indicators that abuse has occurred?

Some of the indicators listed below can be explained by other causes or factors and no single indicator can be taken as conclusive proof. Rather, one should look for patterns or suspicious conduct that suggest an older person may be exploited.

Indicators include:

  • New “best friends”
  • Unpaid bills
  • Withdrawals or transfers between accounts that the older person cannot explain
  • A caretaker is expressing excessive interest in the amount of money being spent on the older person
  • Suspicious signatures on checks or other documents
  • The older person is uncertain about their financial arrangements
  • The absence of documentation about financial arrangements
  • Belongings or property are missing
  • The elder person becomes isolated
  • The exploiter insists on being present for visits and phone calls
What civil remedies are available?

Civil Theft: The Civil Theft statute just got a whole lot easier to prove because it relies on the criminal definition of exploitation.

Florida Statute 772.11, appropriately titled “civil remedy for theft or exploitation,” provides that:

Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of §825.103(1) has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney’s fees and court costs in the trial and appellate courts.

What is the exploitation injunction and how does it work?

In 2017, the Exploitation Injunction Statute was passed. This is a tool that allows petitions to be filed without an attorney, possibly resulting in assets and credit lines being frozen to prevent further exploitation. This also creates great tools for getting the assets back. 

Once it is filed with the court, sometimes the judges will enter freeze orders either that day or the next. Then, there is a hearing with the court where there are many options for returning assets to the vulnerable adult who was being exploited.

What should I do if I suspect someone is being exploited?

Contact the Elder Abuse Hotline at 1-800-962-2873, or contact the police.  If you believe the person is in danger or you believe a serious crime has been committed, call 911 for immediate help.

If the loss involves funds held in a financial institution, such as a bank or credit union, report the problem to the institution immediately.

If you or someone you care about is a victim or could be a potential victim of financial exploitation, we can help. Contact The Miller Elder Law Firm today for an initial consultation at (352) 379-1900 or fill out our convenient contact form.

We are ready to guide you through the beautiful sunsetting of your life.