Abuse of Elderly or Disabled Adult in Florida
Elder abuse is one of the fastest-growing crimes in Florida. As a result, the authorities have created harsh criminal penalties for exploiting an elderly or disabled person. Many cases involve allegations by one family member against another, fighting for control of the elderly or disabled person’s money or assets.
Because of complex relationships within a family and other issues in these difficult cases, false or exaggerated accusations are common.
In Florida, financial exploitation of the elderly occurs when a caregiver or relative of an elderly person misuses, withholds, or steals the elderly person’s money, property, or valuables for personal advantage or profit.
In many of these cases, a person will secure a “Power of Attorney” or add themselves to the elderly person’s bank accounts to take money that isn’t used to support the elderly person.
The elderly person might agree to give money to a caregiver or family member. Unless those intentions are clearly stated or written, allegations of financial exploitation move quickly.
Once a criminal allegation is made, seek legal advice before making any statements that can later be used against you. Even if you are innocent, another person can twist your words and use them against you.
The investigation might begin with a visit from an investigator with the Florida Department of Children and Families (DCF). In some cases, that investigator might be accompanied by a law enforcement officer from a local police department or sheriff’s office. Once you have an attorney, the DCF investigator or detective is not allowed to knock on your door to interrogate you about elder abuse or exploitation.
Never make a statement without your attorney at your side. Your criminal defense attorney is often in the best position to tell your side of the story and present exculpatory evidence that shows your innocence.
Attorney for Elder Abuse Exploitation in Tampa, FL
Most of these investigations begin when someone makes a report to the Florida Department of Children and Families (DCF) regarding any allegation of abuse on a disabled person or an elderly person. Such reports of elder abuse to DCF can be made by healthcare professionals such as doctors or nurses, neighbors, or even employees in a nursing home.
As your attorney, we can reach out to the investigator, the Human Services Program Specialist/Field Consultant, or the Assistant General Counsel at the Office of General Counsel of the Florida Department of Children and Families. We can present evidence showing you did nothing wrong so DCF does not enter verified findings against you. We can help you request DCF records and challenge the investigation findings.
When financial exploitation is alleged, the allegations are often made by a family member interested in gaining control of the elderly person’s money, bank accounts, or other assets.
Once you learn that you are the target of a criminal or DCF investigation into the abuse of an elderly person, you should not discuss the facts of the case with anyone except your attorney. Only those communications are protected by attorney-client privilege.
Anything you say can and will be used against you in court if you are charged with any crime. Your statements can also be used against you in a civil lawsuit if your bank accounts or other assets are frozen or seized. Many cases involve false or exaggerated allegations.
If you are under investigation for any criminal offense related to the abuse or financial exploitation of an elderly or disabled person in the greater Tampa Bay area, contact a criminal defense attorney at the Sammis Law Firm to discuss the specific facts of your case.
We represent clients throughout the following areas: Plant City or Tampa in Hillsborough County, St. Petersburg or Clearwater in Pinellas County, New Port Richey or Dade City in Pasco County, or Brooksville in Hernando County, then contact an experienced
Call (813) 250-0500 to discuss your case today.
Section 825.102 – Abuse or Neglect of Disabled or Elderly Person
Under Florida law, the abuse of a disabled adult or elderly person is defined as willfully and knowingly either:
- An intentional act that could reasonably be expected to result in psychological injury or physical injury to a disabled adult or elderly person;
- the intentional infliction of psychological injury or physical injury upon a disabled adult or elderly person; or
- an act that actively encourages any third person to commit an act that could reasonably be expected to result in psychological or physical injury to a disabled adult or elderly person (or an act that does result in such injury).
Third Degree Felony for Neglect or Abuse of a Disabled Adult or Elderly Person
Even when the alleged conduct does not cause any great bodily harm, permanent disfigurement, or permanent disability, any person found guilty of such a crime of neglect or abuse of a disabled adult or elderly person can be found guilty of a third-degree felony.
A third degree felony is punishable by five years in Florida State prison or five years on probation, and a $5,000 fine.
First Degree Felony for Aggravated Abuse of an Disabled Adult or Elderly Person
When the alleged conduct does result in permanent disability, great bodily harm, or permanent disfigurement, the criminal offense of aggravated abuse of an elderly person or disabled adult can be charged as a first-degree felony.
A first degree felony is punishable by up to thirty (30) years in Florida State Prison.
Types of Aggravated Abuse of the Elderly or Disabled
As of July 1, 2008, Section 825.102(2), Florida Statutes, was amended to increase the degree of crime for Aggravated Abuse of an Elderly Person or Disabled Adult from a second-degree felony to a first-degree felony.
The Florida legislature created Florida Statute Section 947.17296, which requires each certified law enforcement officer to complete training on identifying and investigating elder abuse and neglect before June 30, 2011.
After these legislative changes, the number of charges for these crimes increased dramatically.
The law provides for several different types of abuse or aggravated abuse of the elderly or disabled, including the following acts:
- Willfully or knowingly abuses a disabled adult or an elderly person and, in so doing, causes the disabled adult or elderly person to suffer from one of the following:
- permanent disfigurement;
- great bodily harm, or
- permanent disability.
- Unlawfully and willfully cages a disabled adult or disabled person;
- Willfully tortures a disabled adult or disabled person; or
- Maliciously punishes a disabled adult or disabled person.
Neglect of a Disabled Adult or Elderly Person under Florida Statute Section 825.102(3)(a)
Florida law defines the neglect of a disabled adult or elderly person to mean one of the following:
- A caregiver’s failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person’s or disabled adult’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the elderly person or disabled adult; or
- A caregiver’s failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.
Jury Instructions in Abuse Cases
In many of these cases, the jury will be instructed that the neglect of a disabled person or elderly person can be based on any of the following:
- a single incident that could reasonably be expected to result in (or does result in) psychological injury or serious physical injury, or a substantial risk of death;
- repeated conduct that could reasonably be expected to result in (or does result in) psychological injury or serious physical injury, or a substantial risk of death; or
- an omission (the failure to take some action) that could reasonably be expected to result in (or does result in) psychological injury or serious physical injury, or a substantial risk of death.
Neglect of a Disabled or Elderly Person – Second Degree Felony
Under Florid law, the crime is charged as a second degree felony, punishable by up to fifteen (15) years in Florida State Prison if the acts willfully or by culpable negligence and neglects a disabled adult or elderly person and, in so doing, causes permanent disfigurement, permanent disability, or great bodily harm to the elderly person or disabled adult.
Neglect of a Disabled or Elderly Person – Third Degree Felony
Under Florida law, the crime is charged as a third-degree felony, punishable by up to five (5) years in Florida State Prison, if the person acts with either culpable negligence or willfully, neglects a disabled adult or elderly person without causing permanent disfigurement, permanent disability or great bodily harm to the elderly person or disabled adult.
DCF Investigations into Elderly Exploitation
If you were the target of a DCF Investigation into Elderly Exploitation or Abuse, an attorney can help you secure certain documents related to the investigation. DCF has procedures for lawyers and government officials requesting DCF records.
Your attorney can go to the request public records section of the www.myflfamilies.com website to submit a record request after creating an account. If your attorney is seeking child-protective investigation or adult-protective investigation records, you must attach one of the following:
- Attorneys: Proof of your representation (for example – a Notice of Appearance, retainer agreement, subpoena, or court order);
- Government officers and child-welfare professionals – A copy or scan of your work badge.
The request should include the names and dates of birth of any children, disabled adults, or elderly persons involved in the investigation.
A request for records to DCF for elder exploitation investigations is often processed within five (5) business days but can take up to 60 calendar days by law.
Child and Adult Abuse reports are exempt from Chapter 119 Public Records Statute (a/k/a “Florida’s Sunshine Law”). These reports are confidential and require your contact information along with proof of identity before they can be released, as explained in Florida Statute Section 39.202 and 415.107.
Questions can be submitted to DCF.RecordsCustodian@myflfamilies.com.
Finding a Tampa Lawyer for Abuse of the Elderly or Disabled
If you are being investigated for, charged with, or arrested for the serious criminal offense of an elderly person or a disabled person, contact an attorney in Tampa, Hillsborough County, Florida, to discuss your case.
Our criminal defense attorneys represent men and women charged with false or exaggerated charges of abuse of the elderly or disabled through the greater Tampa Bay area. We understand how investigators with Florida’s Department of Children and Families (DCF) conduct investigations into elderly exploitation, abuse, or neglect.
We also know what to do if a DCF investigation indicates exploitation and is turned over to law enforcement or a prosecutor with the State Attorney’s Office.
We fight cases throughout St. Petersburg and Clearwater in Pinellas County, Bartow, Winter Haven, or Lakeland in Polk County, Plant City and Tampa in Hillsborough County, and New Port Richey and Dade City in Pasco County, Florida.
Call (813) 250-0500.
This article was last updated on Wednesday, September 6, 2023.
