~ UNDERSTAND IT TO DEAL WITH IT EFFECTIVELY ~
In a sentence, Florida’s exploitation law (FSS 825.103) states that when someone maliciously takes the property of an “elderly person,” they are committing exploitation. That’s the essence of the law.
But there is also an important requirement: Within this law, an “elderly person” is defined as someone 60 years of age or older who is suffering from the infirmities of aging to the extent that their ability to adequately care for and protect themselves is impaired. The law states that the elderly person must suffer a physical or mental infirmity. Therefore, exploitation is based primarily on infirmities or disabilities and not deception.
This is why exploitation is not fraud and why it can be much more devastating and offensive. Fraud is generally defined as deception that is carried out for the purpose of achieving personal gain while causing injury to another party. Exploitation requires more than that. It requires that the victims suffer disabilities that make them more vulnerable. And when the victim is more vulnerable, the victim impact is far worse.
Source:
ExploitationElderly.Com
See Also:
Financial Abuse of the Elderly; A Detective's Case Files of Exploitation Crimes, by Joe Roubicek
10 comments:
When a court appointed guardian committs this act, why is there nothing done about it?
great job joe roubeicek! the elderly, the vulnerable are the #1 targets of financial predators who come in all shapes and sizes wearing a variety of costumes and masks to get what they want and what they want is: THE MONEY follow the $$$ sign and when the predator is using the court system particularly guardianship as their way into seize and control their preys assets under color of law the predators the situation must be considered criminal activities and thoroughly investigated by law enforcement before statute of limitations goes poof
I am glad to see another website about financial abuse of the elderly and disabled and especially one of this quality!
Thanks NASGA for posting it.
I am thinking over this statement: "The law states that the elderly person must suffer a physical or mental infirmity."
This is a warning. When financial advisors, lawyers, family, friends steal from the elderly, that's considered financial exploitation.
And because the victim has to suffer a physical or mental infirmity for the acts to be catagorized as exploitation, the flood gates open to unwanted guardianship because the judge then brings in the third-party guardian to "protect" the victim.
It's a catch 22, then, isn't it?
Which offense (exploitation or fraud) would carry the harshest punishment?
Thanks Joe Roubicek for your efforts to get the word out, for spelling out exploitation laws and the specifics in defining fraud as opposed to financial exploitation.
Information + knowledge = power to protect ourselves and fight those who have dollar signs in their eyes
Anonymous- Great point.
jerri-Thank you!
Betty-Ditto, thanks NASGA!
Randy- yes, a catch-22,or... "from the frying pan into the fire."
Donna- In Florida, exploitation penalties are by far, more severe than the other economic crimes related state statutes....and for good reason.
Thanks for checking out my site and thanks NASGA for posting and giving a voice to the elderly!
Joe Roubicek
I noticed that there is a wealth of information at:
ExploitationElderly.Com
that is available: for FREE.
Thank you.
Good website!
I do appreciate the effort by this writer.
The fact of a larger penalty is important when there is a fiduciary involved.
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