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Elderly Exploitation

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.

Elder abuse can take a variety of forms. These include but are not limited to 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. These accusations can be devastating. You must contact an attorney immediately in order to restore your good name.

Miami-Dade County Elderly Exploitation Crimes Defense Attorney

The state must prove beyond a reasonable doubt that you committed the crime outlined in the charging document. If you have been charged with an offense in the Miami-Dade area, you need a lawyer like Evan Hoffman on your side in order to secure your freedom.

If you have been charged with an elderly exploitation offense, call The Hoffman Firm at (305) 249-0090, or complete the online form to schedule your free consultation. This firm serves clients located in Miami-Dade County and surrounding areas.


Elderly Exploitation Crimes under Florida Law

§825.103 of Florida code states: Exploitation of an elderly person or disabled adult; penalties.

  1. “Exploitation of an elderly person or disabled adult” means:
    1. Knowingly obtaining or using, or endeavoring to obtain or use, 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:
      1. Stands in a position of trust and confidence with the elderly person or disabled adult; or
      2. Has a business relationship with the elderly person or disabled adult;
    2. Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use 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;
    3. 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 under this paragraph 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:
      1. For agents appointed under chapter 709:
        1. Committing fraud in obtaining their appointments;
        2. Abusing their powers;
        3. Wasting, embezzling, or intentionally mismanaging the assets of the principal or beneficiary; or
        4. Acting contrary to the principal's sole benefit or best interest; or
      2. For guardians and trustees who are individuals and who are appointed under chapter 736 or chapter 744:
        1. Committing fraud in obtaining their appointments;
        2. Abusing their powers; or
        3. Wasting, embezzling, or intentionally mismanaging the assets of the ward or beneficiary of the trust;
    4. 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. This paragraph only applies to the following types of accounts.
The Hoffman Firm Elderly Exploitation Crime Defense Lawyer

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.

Act immediately; call The Hoffman Firm and defense attorney Evan A. Hoffman at (305) 249-0090. Let him put his knowledge to work for you.

This firm services clients in Miami, North Miami, Palm Beach, and neighboring counties.

Client Reviews
★★★★★
"I found myself in an unfortunate situation. A fried gave me Evan' s personal number and we spoke for over an hour. I felt so reassured and grateful for his time. Needless to say I write this review with great pleasure. A call to thank evan would not be justified as I want anyone who ever finds themselves in my situation to know who to call. Thank you evan I cannot say enough good things about you." Alexander
★★★★★
Mr. Hoffman was able to get my offenses reduces to a lesser degree. His fees are one of the lowest that I could find for the type of representation that I required. If I ever need to be represented by an attorney I would surely use Mr. Hoffman again. C. Wright
★★★★★
“HE’S THE BEST!!” If I could give a 10 stars I would. Very professional, kind and understanding. Very prompt in returning my phone calls and updating me on everything. He provided his cell phone number in case I had any question or concerns. I RECOMMEND HIM. He takes his time with you and makes sure you understand STEP BY STEP. So GLAD I picked him. GOT HIM ON SPEED DIAL. Hopefully this helps someone in knowing that they will not be wasting their money. Claudia