Elder Abuse
Elder abuse refers to either intentional acts or neglect that causes harm to older adults who are aged 60 or older. Though elder abuse cases often refer to instances of physical injury, abuse can take many different forms that result in damages and have severe physical and emotional effects on an older adult.
How Is Elder Abuse Defined Under Florida Law?
Under Florida law, "exploitation" of the elderly occurs when a person stands in a position of trust and confidence with a vulnerable adult and knowingly, through exploitation or similar means, obtains or uses, or tries to get or use, a vulnerable adult's funds, assets, or property with the intent to deprive a vulnerable adult of the benefit of their assets.
​Exploitation also occurs if a person knows or should know that the vulnerable adult lacks the proper capacity, and obtains or uses, or endeavors to obtain or use, the vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult.
Additionally, the statute defines “abuse” as any willful act or threatened act by a relative, caregiver, or household member which causes or is likely to cause significant impairment to a vulnerable adult's physical, mental, or emotional health. Abuse includes both acts and omissions.
Common Examples of Elder Financial Exploitation
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Breaches of fiduciary relationships, such as the misuse of a power of attorney or the abuse of guardianship duties, resulting in the unauthorized appropriation, sale, or transfer of property.
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Unauthorized taking of personal assets or using up funds meant for the elder's beneficiaries.
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Misappropriation, misuse, or transfer of funds belonging to a vulnerable adult from a personal or joint account.
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Intentional or negligent failure to effectively use a vulnerable adult's income and assets for the necessities required for that person's support and maintenance.
The National Center on Elder Abuse (NCEA) categorizes the types of elder abuse:
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Physical Abuse: use of physical force that may result in bodily injury, physical pain, or impairment.
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Financial or Material Exploitation: the illegal or improper use of an elder's funds, property, or assets.
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Sexual Abuse: non-consensual sexual contact of any kind with an elderly person.
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Emotional or Psychological Abuse: the infliction of anguish, pain, or distress through verbal or nonverbal acts.
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Neglect: refusal or failure to fulfill any part of a person's obligations or duties to an elder.
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Abandonment: desertion of an elderly person by an individual who has assumed responsibility for providing care for an elder, or by a person with physical custody of an elder.
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Self Neglect: behavior of an elderly person that threatens his/her own health or safety.