Vulnerable Adults

Injunction for Protection Against Abuse, Exploitation, and/or Neglect of a Vulnerable Adult

825.103 - Exploitation of an elderly person or disabled adult; penalties.

Knowingly obtaining or using, or endeavoring to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:

  1. Stands in a position of trust and confidence with the elderly person or disabled adult; or
  2. Has a business relationship with the elderly person or disabled adult;

(b) Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent;

(c) Breach of a fiduciary duty to an elderly person or disabled adult by the person’s guardian, trustee who is an individual, or agent under a power of attorney which results in an unauthorized appropriation, sale, transfer of property, kickback, or receipt of an improper benefit.

(3)(a) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $50,000 or more, the offender commits a felony of the first degree.

(b) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $10,000 or more, but less than $50,000, the offender commits a felony of the second degree.

(c) If the funds, assets, or property involved in the exploitation of an elderly person or disabled adult is valued at less than $10,000, the offender commits a felony of the third degree.

Florida’s Vulnerable Adult Injunction Act took effect on July 1, 2018. The statute was created establishing the injunction for protection against exploitation of a vulnerable adult.

825.1035 - Injunction for protection against exploitation of a vulnerable adult.

“Vulnerable Adult” means a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage or the infirmities of aging. The vulnerable adult in imminent danger or being exploited; a person or organization acting on behalf of the vulnerable adult with consent of the vulnerable adult or his or her guardian; or a person who simultaneously files a petition for determinate of incapacity and appointment of an emergency temporary guardian with respect to the vulnerable adult.

This statute gives vulnerable adults (and certain representatives) a way to petition for a court for an injunction to stop or prevent exploitation, including financial exploitation, with provisions for temporary orders and other relief.

Exploitation Examples include:

  • Obtaining or attempting to access or use an elderly person’s funds, assets, or property to deprive them of the use, benefit, or possession of their funds, assets, or property;
  • Manipulating an elderly person lacking the capacity to consent and obtaining or attempting to obtain their funds, assets, or property with the intent to deprive them of the use, benefit, or possession of the funds, assets, or property.
  • Using an elderly person’s property without authorization while serving as a guardian, trustee, or agent.
  • Misusing or transferring money from an elderly person’s personal or trust accounts; and
  • Failing to use an elderly person’s income and assets for the elder person’s support and maintenance when serving as a caregiver.

Who May File:

  • The vulnerable adult.
  • The guardian of a vulnerable adult.
  • A person or organization acting on behalf of the vulnerable adult with the consent of the vulnerable adult or his or her guardian; or
  • A person who simultaneously files a petition for determination of incapacity and appointment of an emergency temporary guardian with respect to the vulnerable adult.
  • An agent under a valid durable power of attorney with the authority specifically granted in the power of attorney, may file a petition on behalf of the vulnerable adult.

Pursuant to Florida Statute 415.1034, any person who knows, or has reasonable cause to suspect, that a vulnerable adult has been or is being abused, neglected, or exploited has a duty to immediately report such knowledge or suspicion to the central abuse hotline by calling (800) 962-2873 or via the online portal at Report Abuse.