Reporting and Stopping the Abuse, Neglect and Exploitation of Vulnerable Adults.
The Adult Protective Services Program is a division of the Florida Department of Children and Families and is responsible for preventing further harm to vulnerable adults who are victims of abuse, neglect, exploitation, or self-neglect. (Chapter 415, F.S.). These adults may experience abuse, neglect, or exploitation by second parties or may fail to take care of themselves adequately.
“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. A vulnerable adult may still possess the legal capacity (competency) to sign a will or enter into a contract, but still be vulnerable to undue influence or financial abuse.
Many older people face a reduction in wealth in late life due to extraordinary health-care expenses, but the concern for vulnerable adults is quite different: Wealth can be drained away by predatory family members, caregivers, or unscrupulous professionals. Liability can be imposed upon anyone who is trusted by a vulnerable person, and then takes monetary advantage of the vulnerable adult.
Pursuant to section 415.1034, Florida statutes, 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.
The Hotline phone number: 1-800-96Abuse (800-962-2873).
After reporting to the Hotline, A Petition for an injunction for Protection can be filed with the Court.
Some examples of Exploitation Per 825.103(1), Florida Statutes: Depriving the vulnerable adult of their funds or property; Breach of fiduciary duty to the vulnerable adult. (any person the vulnerable adult trusts HAS a Fiduciary duty). Bank account misuse. Failure to provide necessities.
A Petition may be filed by: A vulnerable adult in imminent danger of being exploited. The guardian of a vulnerable adult who is in imminent danger of being exploited. A person or organization acting with the consent of the vulnerable adult, or his or her guardian. A person who simultaneously files a petition for determination of incapacity and appointment of an emergency temporary guardian with respect to the vulnerable adult.
The petition should be filed in the county where the Vulnerable Adult currently or temporarily resides. If the Vulnerable Adult has a court appointed guardian, the petition should be filed in that same guardianship case where the guardian was appointed.
Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.
For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.