Exploitation of the Elderly Litigation

Florida Elder Exploitation Lawyers

We understand that people try to take steal from and abuse our elderly.

It probably isn’t a surprise that Florida’s elderly population is significantly higher than the rest of the country (19.1% compared to 14.5% national average). In Pinellas County, where our law firm is located, the elderly population is even higher (approximately 23%).

We know caretakers and family members stand in a position of trust and confidence with the elderly. And, there are legal consequences for financially exploiting senior adults in Florida. It shouldn’t be a surprise that Florida has powerful laws that protect our elderly. In fact, Florida has two statutes that create a cause of action against those that try to take advantage of our loved ones.

As you would expect, exploiting the most vulnerable people in society, our elderly, is a crime in Florida. Additionally, Florida allows a civil lawsuit to be brought. There are two Florida statutes that govern exploitation cases:  Section 415.1111, and Section 825.103.

Red Flags of Elder Exploitation

s

Unauthorized appropriation, sale, or transfer of an elder’s property by the agent or guardian

s

A person may be abusing their authority under a power of attorney to make large withdrawals from bank accounts or making needless transfers.

s

Keep an eye out for checks payable either to cash or withdrawals. Does the signatures on those checks look authentic?

s

Is the “Caregiver” taking an excessive fee or taking the elder on expensive vacations?

s

Are abnormal purchases being made of material goods or entertainment?

s

If you notice any abnormal spending on credit cards, a change of a bank account title, beneficiary change designations, or unexplained fees to an estate planning attorney, you should seek legal assistance.

s

Additionally, check the public record to make sure there have been no property transfers.

s

Wasting, embezzling, or intentionally mismanaging the elder’s assets

s

Failing to properly use an elder’s assets for their support and maintenance

s

A person may be abusing their authority under a power of attorney to make large withdrawals from bank accounts or making needless transfers.

s

A person may be abusing their authority under a power of attorney to make large withdrawals from bank accounts or making needless transfers.

Practice Areas

i

Florida Trust Litigation

Our lawyers litigate disputes on behalf of beneficiaries, trustees, and other interested parties. He handles trust contests, trustee removal, and breach of trust actions. 

Florida Probate Litigation

Even the best estate planning can potentially spawn disagreements between beneficiaries, heirs, or other interested parties. We can assist in challenging an estate plan, defending a will contest, or lawsuits relating to personal representatives.

Fiduciary Litigation

We handle causes of action for breach of fiduciary duty relating to powers of attorney, caretakers, family members, trustees, and personal representatives.

Florida Securities Litigation

We have extensive experience in Florida representing customers against brokers, broker-dealers, investment advisors, and financial advisors.

Complex Commercial Litigation

We handle a broad range of business litigation matters including contract disputes, shareholder actions, and challenges to director or manager efforts.

Mediation

We understand alternative methods of resolving disputes. Our firm has civil mediators and can help with mediating a variety of civil litigation matters.

Persante Zuroweste, P.A.

Persante Zuroweste, P.A.

Contact Us

Our law firm serves the Tampa Bay Area. We have two offices conveniently located in Clearwater and St. Petersburg. We handle matters in Pinellas, Pasco, and Hillsborough Counties. Please give us a call if you need assistance with a matter.

(727) 796-7666

2555 Enterprise Rd. Ste. 15, Clearwater, FL 33763

M-F: 8:30am-5:30pm, S-S: By Appointment Only

1 + 4 =