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Understanding Elder Exploitation and the role of an Elder Law Attorney!

January 11, 2024 in News

Protecting Florida’s Seniors: Understanding Elder Exploitation and the role of an Elder Law Attorney.

After your visit for the holidays, you may have discovered that your loved one’s memory is not what it once was.  The well-being of your loved one is of utmost importance, especially as they become more vulnerable with age. Sadly, instances of elder exploitation continue to rise in Florida. This article will help shed light on the exploitation of the elderly, specifically in Florida, and the role an attorney can play in preventing such abuses.

Identifying Elder Exploitation:

Elder exploitation can take various forms, including financial, emotional, physical, and even neglect. Recognizing the signs, such as sudden financial changes, isolation, unexplained injuries, or emotional withdrawal, is the first step in addressing the issue. Although every situation is different, and not all of the warning signs are clear, learning what to look out for is extremely important in making sure that your loved one is safe and protected.

Florida has specific laws in place to protect seniors from exploitation. The attorneys at Kirson & Fuller are well-versed in the protecting seniors from exploitation and mitigating damage once financial loss has occurred, including the Florida Exploitation Injunction.  We can guide you through the legal options to safeguard your loved one and the legal recourses available if your loved one has already been harmed.

Power of Attorney:

  • Instances of exploitation, which are mainly financial, often involve the misuse of a power of attorney or securing estate planning documents via undue influence, naming the exploiter as agent. For example, if your loved one is incapable of making their own financial and legal decisions, they can enact a power of attorney to have another individual take the responsibility of making those decisions for them. If you suspect your loved one’s power of attorney is being abused or your loved one is a victim of undue influence, our attorneys can assist you with your legal options available to protect their financial interests.

Guardianship Vs. Power of Attorney:

  • In cases where an elderly individual is no longer able to make sound decisions due to cognitive decline or health complications, our attorneys can initiate guardianship proceedings to appoint a legal guardian to make decisions on their behalf. A guardianship is often needed if exploitation if your loved one is a victim of exploitation or undue influence.  Having this legal authorization is crucial to making sure your elderly loved one is being taken care of and their assets are safeguarded.

Estate Planning and Asset Protection:

  • Proactive estate planning is a key component in preventing elder exploitation. Our attorneys can assist in creating comprehensive estate plans that safeguard assets and establish legal mechanisms to protect against financial abuse.

Reporting and Legal Action:

  • If you suspect elder exploitation, it’s crucial to report it to the appropriate authorities. Our attorneys can guide you through the reporting process and take legal action to hold perpetrators accountable. Or you may contact the Elder Abuse Hotline at 1-800-962-2873.

Elder exploitation is a serious issue that requires immediate attention and legal intervention. At The Elder Law Center of Kirson & Fuller, we are dedicated to protecting Florida’s seniors. If you have concerns about the exploitation of an elderly or disabled loved one, don’t hesitate to reach out to our experienced elder law attorneys at 407-422-3017, or at Together, we can work towards putting an end to elder abuse and securing a safe and dignified future for your loved one.


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