815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701

Stopping Elder Abuse in Florida

About 10 % of the population will suffer some type of elder abuse during their lifetime. It is especially prevalent in Florida because of the large population of retirees who choose to enjoy retirement in the Sunshine State. Of those cases, only about 7 % get reported to authorities even though there is mandatory reporting by doctors and other professionals in the state. Over66 % of the abuse comes from members of a senior’s family. The mortality rate for abused seniors is about 300 % higher than for those living in safe environments. If you are a senior or have one that you dearly love, then it is essential to know the law.

Criminal Elder Abuse

If the person doing the abuse does not intend to kill the senior, then they can be sentenced to serve a jail term up to 15 years while those who intend to kill the senior can be sentenced up to a life term as it is considered a capital felony punishable by conditions outlined in Florida Statue 775.082. The law says caregivers are guilty of neglect if they fail to provide food, shelter, clothing, medicine, supervision, or medical services that it is prudent to expect them to perform. It does not matter if it was a single incident or an ongoing situation; they can be found guilty of committing a second-degree criminal offense. These offenses carry a minimum sentence to a term of up to 15 years.  Additionally, those individuals who neglect a senior but do not do great bodily harm can be sentenced to a term not exceeding five years. Those individuals who encouraged someone else to neglect a senior can be sentenced to the same term that does not exceed five years. This statute outlines the senior’s ability to get back money that they have lost, including recovering their attorney fees.

Financial Exploitation

Those seniors born in the 1920s and 1930s will leave behind $12 trillion to heirs while those born in the next generation will leave behind over $30 trillion. It is the most significant accumulation of wealth ever encountered, according to the Florida Bar Association. Under Florida Statue 415.102(8), anyone who is trusted by a senior adult can be found guilty of financial exploitation. The senior does not have to give them a power of attorney or have a legally binding relationship with the individual. Florida Statue 415.1111 says that seniors who find themselves financially exploited can bring legal action against the individual.

If you think that emotional, physical, or financial abuse is happening to a senior that you love, then do the right thing and encourage them to contact a family law practice in Orlando. One practice that you may want to suggest is Frank Family Law Practice. They have the legal knowledge to help you, and the senior make wise decisions about pursuing legal action. Contact this family law practice in Orlando today.