Consequences of Elder Exploitation: Safeguarding Senior Rights

Do you know the consequences of elder exploitation under Florida Law? Under Florida law, elder abuse is a crime, and perpetrators can face criminal charges and penalties if convicted. 

Florida has laws in place to protect elderly individuals from abuse and exploitation.

The penalties for elder exploitation can vary depending on the specific circumstances of the case, the severity of the offense, and the criminal statutes involved. Prosecutors can pursue elder exploitation under Fla. Stat. 825.102 (2022), including but not limited to theft, fraud, financial exploitation, or abuse of an elderly person. These penalties can range from misdemeanors to felonies, depending on the value of the property or assets involved and the offender’s prior criminal record.

If the exploitation involves theft or fraud, authorities may charge it as a felony offense, for example.

Felony charges can result in imprisonment, fines, probation, and restitution to the victim. The severity of the offense and the amount of financial harm caused to the elderly person can influence the length of imprisonment and the fines imposed.

Florida law does not explicitly state that elder exploiters automatically get disinherited when convicted of elder abuse. However, disinheritance typically involves the intentional exclusion of an individual from inheriting property or assets through a valid will or estate plan. In cases where elder abuse involves financial exploitation, the court may order restitution to the victim, which could impact the abuser’s financial situation.

It’s important to consult with a legal professional who can provide you with the most accurate and up-to-date information about the consequences of elder exploitation under Florida law.

The experienced team of attorneys here at Hemness Faller, The Law Office formerly known as Emma Hemness, P.A., are here for you and your family and we want to be YOUR estate planning and elder law attorneys. After all, we are ordinary people, providing extraordinary guidance backed by years of experience and advocacy for the vulnerable citizens in our community. We encourage you to contact us and schedule a meeting.