Elder Exploitation in Florida Identity Theft *72, *90 Scam Imposter Fraud Home Repair Fraud Mail Fraud Charities Fraud Moving Scam Telemarketing Fraud Investment Scam such as Annuity Fraud Water Softener Scam Resources Elder Consumer Protection Program: www.elder.law.stetson.edu Safeguard Our Seniors: www.myfloridacfo.com National Center on Elder Abuse: www.ncea.aoa.gov Academy of Florida Elder Law Attorneys: www.afela.org Florida Abuse Hotline: 800-96-ABUSE Florida Elder Help Line: 800-963-5337 Florida Domestic Violence Hotline: 800-500-1119 Adult Protective Services: 800-962-2873 Things to Remember 1. If you know or suspect exploitation of a vulnerable adult, you are required to call Adult Protective Services (APS) immediately. If your employment or residency status is detrimentally changed because of your report and within 120 days of your report, you have a civil cause of action. False reporting is a 2nd degree misdemeanor. 2. A “vulnerable adult” is at least 18 years of age “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, long-term physical, of developmental disability or dysfunctioning, or brain damage, or the infirmities of aging.” 3. The alleged perpetrator may be arrested. The victim (or the alleged perpetrator) may be Baker Acted under certain circumstances. 4. An emergency temporary guardianship (followed by a “permanent” guardian) may be initiated through the Court system if no “qualifiable” family member or friend petitions for appointment as guardian. 5. “Abuse” is any willful threatened act (or omission) by a relative, caregiver, or household member which causes or is likely to cause significant impairment to a vulnerable adult’s physical, mental, or emotional, health. 6. “Neglect” is failure or omission by caregiver to provide care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including food, clothing, medicine, shelter, supervision, and medical services. 7. “Exploitation” is when a person in a position of trust and confidence by deception or intimidation, obtains or uses, or endeavors to obtain or use, a vulnerable adult’s funds, assets, or property with the intent to temporarily or permanently deprive a vulnerable adult of the use, benefit, or possession of the funds, assets or property for the benefit of someone other than the vulnerable adult.
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