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| Scene from "I Care a Lot" |
Florida is finally in the news for a great reason! We are about to become the first state in the entire country to pass groundbreaking legislation that criminalizes attempting to change an elderly or disabled person’s will or trust with the intent to exploit or defraud the victim of assets.
What makes these bills so unique? If found guilty of abuse, neglect or exploitation, these bills prevent exploiters from receiving any monies or benefits at all, including forfeiting inheritances. This will apply broadly to real estate, life insurance, retirement benefits, joint accounts or other assets owned by the victim.
In 2021, financial scams and exploitation of the elderly totaled $2.9 billion, according to the Consumer Financial Protection Bureau. Just last year, 22% of Americans were victims, according to a recent New York Times/Harris poll, with the average amount of money scammed by a non-family member estimated to be $17,000 and, for a family member, $50,500.
Recently an article appeared in The Sun about a former University of Florida assistant professor “suspected of stripping about $2.2 million from his mother’s account to make home improvements, take vacations and buy jewelry and cars.”
He was arrested, charged with grand theft and exploitation, and is in jail. He is accused of abusing the trust his mother placed in him and stealing from her and his siblings — very sad indeed. To be clear, he can be charged under current existing laws governing exploitation. If it was also proven he used undue influence to appoint him sole trustee with intent to exploit, he would deservedly face even more criminal charges.
If this legislation passes, it will also be a crime to intentionally isolate or restrict access to an elderly or disabled victim from family members for any length of time with the intention of unduly influencing the victim.
Pending passage of this bill, family members will not have to file for guardianship if they suspect a family member is being conned by a neighbor or caregiver, for example. This bill allows someone with durable power of attorney to file “exploitation injunctions” to freeze assets in order to protect their family member until the facts can be investigated, and extends the time of a temporary injunction up to 45 days.
If you’ve watched the recent horrifying movie “I Care A Lot” (on Netflix, starring Rosamund Pike), you were likely shocked, as I was, that an unscrupulous attorney and doctor colluded to identify “a cherry,” an elderly woman with no family (or so they thought) and lots of money. The doctor got paid off, the assisted facility got bribed and the ruthless attorney got very rich.
This may be more fiction than fact in north central Florida, but maybe not in big urban areas. The good news is that if the bill passes, it will be a crime to receive a “kickback” or other inducements for referring a victim to an establishment or adviser with the intent of exploitation.
This bill has teeth, thanks to the hard work of Attorney General Ashley Moody and bill co-sponsors Sen. Danny Burgess and Rep. Colleen Burton. They worked very closely with the Elder Law Section of the Florida Bar to craft this legislation.
According to Moody’s press release, “Scammers often target older Floridians thinking their crimes will go unnoticed or unreported … As attorney general, I am dedicated to protecting our great seniors and ensuring criminals who target them are brought to justice … We must strengthen our laws to ensure none of these criminals evade responsibility for their devious actions.”
Shannon Miller, a member of the Elder Law Section of the Florida Bar told me, “We have long been seeking this kind of legislation that provides legal authority to law enforcement, prosecutors and elder law attorneys to intervene prior to irreversible physical harm or financial loss to our vulnerable seniors. This bill, if passed, gives families hope of stopping exploitation before it ruins the lives of so many seniors. We need everyone’s support on this.”
With well over 5 million seniors living in Florida, this bill needs everyone’s support, regardless of your politics. Please, wherever you live in Florida, pick up your phones and call or email your state representatives and ask for their support on House Bill 1041 and Senate Bill 1344!
In Alachua County, contact:
Sen. Keith Perry: 352-264-4040
Rep. Yvonne Hayes Hinson (District 20): 352-264-4001
Rep. Chuck Clemons (District 21): 352-313-6542
Rep. Robert Charles Brannan (District 10): 386-758-0405
Star Bradbury (starbradbury. com) is a certified aging life care specialist with Senior Living Strategies in Gainesville.
This is all real fine but if you noticed, professional predatory guardians are never mentioned once. Add to this the fact that the BAR had its dirty hands in this and I can only conclude that this bill will be applied only to family, friends and others who are not either professional guardians and/or attorneys. As usual, these bills always target family an others, but never the largest predators who continue on exploiting and robbing the elderly.
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