Probate Code
All states have statutes that protect elder adults from abuse, neglect, and exploitation. These laws typically create a framework for reporting and investigation of such abuse, neglect and exploitation as well as procedures for protection of the elder adult. These laws typically require reporting of known or suspected abuse, neglect, or exploitation either by all persons or an enumerated list of professionals.
States take varied approaches to dealing with elder abuse under their criminal laws. Some states prosecute the crimes under their general criminal statutes such as assault, battery, fraud, and theft; other states enhance the penalties for crimes if they were committed against elderly individuals; and other states have criminal laws that specifically address and criminalize elder abuse.
Note that many states also have separate laws that specifically address elder financial exploitation and address mistreatment of elderly individuals in residential care facilities. These laws are not covered here.
Florida’s Adult Protective Services Act provides reporting, investigative, and protective services for abused, neglected, or exploited vulnerable adults. The Act requires any person who knows, or has reasonable cause to suspect, that a vulnerable adult has been or is being abused, neglected, or exploited to immediately report such knowledge or suspicion to the central abuse hotline. The Act defines relevant terms as follows:
“Abuse” means any willful act or threatened act by a relative, caregiver, or household member which causes or is likely to cause significant impairment to a vulnerable adult’s physical, mental, or emotional health. Abuse includes acts and omissions.
“Exploitation” means a person who:
1. Stands in a position of trust and confidence with a vulnerable adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, a vulnerable adult’s funds, assets, or property with the intent to temporarily or permanently deprive a vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult; or
2. Knows or should know that the vulnerable adult lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use, the vulnerable adult’s funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult.
“Exploitation” may include, but is not limited to: (1) Breaches of fiduciary relationships, such as the misuse of a power of attorney or the abuse of guardianship duties, resulting in the unauthorized appropriation, sale, or transfer of property; (2) Unauthorized taking of personal assets; (3) Misappropriation, misuse, or transfer of moneys belonging to a vulnerable adult from a personal or joint account; or (4) Intentional or negligent failure to effectively use a vulnerable adult’s income and assets for the necessities required for that person’s support and maintenance.
“Neglect” means the failure or omission on the part of the caregiver or vulnerable adult to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, which a prudent person would consider essential for the well-being of a vulnerable adult. The term “neglect” also means the failure of a caregiver or vulnerable adult to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. “Neglect” is repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in serious physical or psychological injury or a substantial risk of death.
“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.
Florida specifically recognizes the following elder abuse crimes:
- Lewd and lascivious behavior upon an elderly person or disabled person;
- Lewd or lascivious molestation of an elderly person or disabled person;
- Lewd or lascivious exhibition in the presence of an elderly person or disabled person;
- Abuse of an elderly person or disabled adult;
- Aggravated abuse of an elderly person or disabled adult; and
- Neglect of an elderly person or disabled adult.
Fla. Stat. § 415.101 through Fla. Stat. § 415.113
Fla. Stat. § 825.101 through Fla. Stat. § 825.1025