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Definition of exploitation of an elderly person or disabled adult.

In Florida, the recent amendments to Chapter 825 have broadened the definition of what constitutes exploitation of an elderly person or a disabled adult.

This is another in a series of blog discussions of Florida's recently enacted changes to Chapter 825, Fla. Stat. which addresses exploitation of an elderly person or of a disabled adult. Exploitation of an elderly person or disabled adult means:

(a) 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.

When persons in Florida are dealing with an elderly person or a disabled adult, they should seek advice from an experienced estate attorney before obtaining or using that person's assets or property.

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Attorney Michael Lins
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