Key takeaways
- Financial exploitation is now one of the most common and underreported forms of elder abuse
- Sudden changes to estate documents or isolation from family are common warning signs
- Report suspected abuse to Florida's Abuse Hotline, which must investigate
- Civil recovery and removal of an abusive agent or guardian are both available remedies
Elder abuse isn't limited to physical harm. Florida law recognizes several categories: physical abuse, neglect (failure to provide necessary care), and financial exploitation, which is using an elder's assets, property, or resources for someone else's benefit without their informed consent. Financial exploitation is now recognized as one of the most common and most underreported forms.
Warning signs
Common red flags include sudden changes to a will, deed, or power of attorney that favor a new or unusual person, unexplained withdrawals or missing property, a caregiver or new acquaintance who isolates the senior from family and friends, unpaid bills despite adequate income, and the senior seeming confused about or unaware of financial decisions made in their name.
Who to report to
Suspected abuse or exploitation can be reported to Florida's Department of Children and Families Abuse Hotline, which is required by law to investigate reports involving vulnerable adults. Financial institutions in Florida are also legally permitted, and in some cases required, to report suspected exploitation and can delay a suspicious transaction while it's investigated.
Legal remedies
Beyond reporting, Florida law allows civil actions to recover exploited assets, and a power of attorney or guardian who has abused their role can be removed by the court. In serious cases, financial exploitation of a vulnerable adult is also a criminal offense, with penalties that scale with the dollar amount taken.
Talk to a licensed attorney
This page explains general concepts, not your specific case. If you're dealing with recognizing elder abuse and financial exploitation right now, a Florida-licensed attorney can tell you how these rules apply to your facts.