Filing an Exploitation of a Vulnerable Adult Injunction in Florida

Protecting our most vulnerable citizens is a core priority of the justice system. In Florida, which is home to a massive population of retirees, elder abuse and financial exploitation are sadly common. When a caregiver, relative, or neighbor begins stealing money or abusing a disabled or elderly person, waiting for a slow criminal investigation is not always an option. The victim's life savings could disappear in days.

Thankfully, Florida provides a rapid civil remedy. If you suspect an elderly loved one is being preyed upon, you can file for a specialized injunction to freeze their assets and block the abuser from contact. Because financial forensics and family dynamics are complicated, finding a skilled local lawyer in our directory of United States Attorneys is highly recommended to guide you through the process.

How Florida Defines Exploitation of a Vulnerable Adult

Under Fla. Stat. § 825.1035, a vulnerable adult is someone aged 18 or older whose ability to perform normal activities of daily living or provide for their own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability. This also includes the frailties of aging.

Exploitation occurs when someone knowingly obtains or uses the vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive them of it. Courts have firmly upheld these protections, as seen in cases like Soldatich v. Jones, 290 So. 3d 497 (FL District Court of Appeal 2020), ensuring that abusers cannot hide behind fake gifts or coerced power of attorney documents.

Filing Against a Caregiver

Caregivers-whether professional nurses in a facility or private individuals hired to help at home-have direct access to a vulnerable adult's life. If a caregiver suddenly isolates your parent from the rest of the family, begins writing checks to themselves, or coerces the senior into changing their will, you can file an injunction to have the caregiver immediately removed from the home and legally banned from contacting the senior.

When Family Members Drain Bank Accounts

Financial exploitation is often committed by someone the victim trusts, such as a child or a grandchild. If a family member gains access to a bank account and starts using the senior's social security checks to buy personal cars or pay their own rent, an injunction can put a stop to it. The judge has the authority to issue an immediate freeze on the senior's bank accounts, ensuring no more money can be withdrawn until the court can sort out the facts.

Dementia and Legal Capacity in Injunction Cases

One of the biggest challenges in these cases is the victim's mental capacity. An exploiter will often claim that the senior 'wanted' to give them $50,000. If the vulnerable adult suffers from Alzheimer's or dementia, they lack the legal capacity to consent to such gifts. You or your lawyer may need to provide the court with medical records from a doctor showing the senior's cognitive decline to prove they were coerced or manipulated.

Step-by-Step Process in Florida

You can file the petition on behalf of the vulnerable adult if you are their guardian, a person who has their consent, or someone acting as their next friend. This happens at a local court, such as the Palm Beach County Circuit Court, West Palm Beach or the Broward County Circuit Court, Fort Lauderdale.

Step 1: Gather Financial and Medical Records

Before you file, collect bank statements showing sudden, large withdrawals or unexplained transfers. Gather any medical documents that prove the adult is legally vulnerable due to age or disability.

Step 2: File the Petition

You must fill out Form Fla. Prob. R. 5.920, Florida, Supreme Court, Petition for Injunction for Protection Against Exploitation of a Vulnerable Adult. Detail exactly how the exploitation is occurring and what assets need to be protected.

Step 3: Emergency Ex Parte Hearing

A judge will review the petition on the same day. If there is an imminent risk of assets being drained, the judge can issue a temporary injunction freezing the respondent's access to the vulnerable adult's money and ordering them to stay away.

Step 4: The Final Hearing

Within 15 days, a full evidentiary hearing is held. Your attorney will present the bank records and witness testimony. If successful, the judge will issue a final injunction, which can order the return of property and permanently revoke the abuser's access to the victim.

How Much Does it Cost in Florida?

Halting financial abuse can save a senior's entire estate, but litigation involves specific costs.

• Filing Fees: There is no filing fee to submit this petition to the clerk of court.
• Attorney Fees: Because these cases involve complex financial forensics and proving medical capacity, hiring an attorney usually costs between $3,000 and $7,000.
• Expert Witnesses: If you need a doctor to testify about the victim's dementia, or a forensic accountant to trace stolen funds, expert fees can range from $1,500 to $3,500.

How Long Does the Process Take?

The court acts with extreme urgency to prevent the total loss of a senior's funds. A temporary injunction can freeze bank accounts on the very same day you file. The final hearing to make the orders permanent must be scheduled within 15 days, though complex financial cases may see lawyers requesting continuances to thoroughly audit the bank records.

Frequently Asked Questions (FAQ)