Miami Elderly Exploitation Lawyer
Also Protecting the Future of Clients in Fort Lauderdale
The elderly are some of the most vulnerable members of our society. Declining mental and physical health leaves them open to exploitation and predation from friends, family members, and even strangers. Abuses can include financial abuse, physical abuse, emotional abuse, or even sexual abuse. Elder abuse accusations are often levied at family members who hold positions of power, such as power of attorney, and they can be devastating. You must contact a Miami elderly exploitation attorney immediately in order to restore your good name.
Elderly Exploitation Crimes under Florida Law
Accusations of elder exploitation are devastating due to their personal nature. Defenses can include counters of hearsay or a lack of evidence. It is important that you contact an attorney immediately in order to prepare your best defense.
This crime occurs when someone in a position of trust and confidence with the elderly person or disabled adult, or someone with a business relationship with them, knowingly obtains or uses, or endeavors to obtain or use, that person’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.
“Exploitation of an elderly person or disabled adult” means:
- Using 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
- 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, or transfer of property.
An unauthorized appropriation occurs when the elderly person or disabled adult does not receive the reasonably equivalent financial value in goods or services, or when the fiduciary violates any of these duties:
- Committing fraud in obtaining their appointments
- Abusing their powers
- Wasting, embezzling, or intentionally mismanaging the assets of the principal or beneficiary
- Acting contrary to the principal's sole benefit or best interest
- Misappropriating, misusing, or transferring without authorization money belonging to an elderly person or disabled adult from an account in which the elderly person or disabled adult placed the funds, owned the funds, and was the sole contributor or payee of the funds before the misappropriation, misuse, or unauthorized transfer
At The Hoffman Firm, we understand the challenges our clients face. We are here to help you protect your rights. Don’t let an accusation of criminal behavior destroy your future.
We’ll help you understand the legal processes and your options. Call us at (305) 928-1669 today if you are in Miami. Call 954-737-3004 if you are in Broward County.
Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.
Decades of Experience
Attorney Evan Hoffman has over two decades of experience fighting for the accused.
Premier Criminal Defense Firm
Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.
Proven Track Record
Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.
Florida Former State Prosecutor
Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.
Free Initial Consultation
We offer free initial consultations to ensure that we have your best interests in mind.