Monday, February 24, 2014

FL Bill to Prosecute Elder Abuse Goes to Committees

With elder exploitation already a problem in a state rich with seniors, a proposed bill that may make it easier to prosecute cases is making its way through legislative committees.

House Bill 409 proposes to modify existing laws to create a “presumption of exploitation” when someone takes advantage of an elderly or disabled victim. It also would provide criminal penalties for joint holders of a senior or disabled person’s bank account who take money for their personal use.
Gainesville attorney Shannon Miller, who specializes in elder law, is part of a panel of lawyers, legislators and others from across Florida who developed the bill.
 
“When it comes to getting these criminal cases prosecuted we have literally beat our heads against the wall. Before this year we had no prosecutions in Alachua County on elder exploitation cases. None. Not a single prosecution,” Miller said. “The problem the prosecutors have had is the statutes are really hard. You have to prove deception and intimidation. This legislation that is pending is literally groundbreaking.”
 

4 comments:

  1. "Joint holders." That language would not apply to court-appointed fiduciaries. They are in toral control of assets, using them, and getting away with it.

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  2. "Joint holders." That language would not apply to court-appointed fiduciaries. They are in toral control of assets, using them, and getting away with it.

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  3. It's a step but we need them to look at guardianship abuse too.

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  4. Definitely. Guardian abuse is a more serious problem, because they are officers of the court and sworn to do their duty.

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