Florida Elder Abuse Law

Elder abuse in Florida is defined by Florida Statute 825.102 as the abuse, neglect, or aggravation of an elder or disabled adult. Elder abuse could include sexual exploitation or financial exploitation. When the victim is older than 60, it is considered elder abuse. The investigation of elderly abuse in Florida is the responsibility of the Florida Department of Elder Affairs and the local police.

What Does “Abuse of the Elderly” Refer to In Florida?

According to Florida elder laws, the abuse includes:

• Purposeful conduct that has a reasonable chance of harming one’s bodily or mental health.
• Purposeful harm to one’s physical or mental health.
• Encouraging another to do something that would damage them physically or mentally

There are several places where your loved one could face neglect or abuse, including a nursing home, assisted living facility, or at home. Unfortunately, it can be challenging to identify elder abuse, particularly if the victim is reticent or unable to speak up. However, there are some telltale indicators or signals that may indicate verbal, physical, or sexual abuse, such as:

• Unaccounted for bruising
• Abandoning social activities
• Unexpected and sudden weight gain or hair loss
• Dislocations and fractures
• Anxiety and apprehension
• Avoiding specific caregivers
• Sexually transmissible diseases
• Bedsores
• Insufficient personal hygiene
• Soiled sheets and discolored garments

Other alarming indicators can include a lack of cleanliness around the property and disdain for the occupants. Seeing a caregiver handling people roughly or speaking to them harshly when you are visiting is never a good indicator. Your loved one can receive the same unjust treatment when you are not around.

The various types of elder abuse are outlined below.

Verbal and Emotional Abuse
Emotional abuse can severely damage an elderly person’s mental health and general well-being. Seniors may experience emotional abuse from caregivers who ignore their wishes, use derogatory language, or humiliate them in public. Verbal abuse of another kind includes:

• Seniors being yelled at or screamed at
• Posing threats
• Seniors aren’t included in activities
• Denying a senior the opportunity to meet family and other visitors

Your loved one may be experiencing emotional or verbal abuse if they suddenly experience anxiety, despair, or social isolation.

Physical Abuse
Physical abuse refers to acts of injury or violence that result in injuries or are designed to do so.

Among additional forms of physical abuse are:

• Senior being restrained illegally
• A senior being pushed or kicked
• Injury from scalding or burns

Because it frequently leaves traces on the body, physical abuse can be easier to spot than other types of abuse. You should insist on answers from caregivers if your loved one displays symptoms of inexplicable injuries, significant bruises, or unexplained fractures and dislocations.

Sexual Assault
Any unwelcome sexual interaction with an elderly person is considered sexual abuse, including:

• Rape
• Undesirable touching
• Taking sexual images or recordings
• Invasive verbal hints

People who have dementia and other medical issues may be more at risk for abuse because abusers might view them as easy prey. Your loved one may have experienced sexual abuse if you find bloody or stained underwear on them or if they have a sexually transmitted disease.

General Neglect
Seniors who reside in nursing homes or facilities for assisted living are entitled to help with daily duties. Depending on their needs, they could require assistance with personal hygiene, medication administration, cleaning, eating, and drinking.

In general, neglect can lead to major medical issues like starvation, dehydration, and uncomfortable bedsores. A senior’s premature death can result from being neglected. Your loved one may be the victim of illegal neglect if their condition worsens suddenly and sharply.

Financial Abuse
Financial exploitation can be disturbing for seniors and their families, even while it does not physically damage them. Among the warning signs of financial exploitation are:

• Unclaimed money and bare bank accounts
• Lost valuables
• Unpaid invoices
• Unexpected modifications to a last will

An elder abuse attorney can help if you think a loved one is being abused. Your loved one may receive justice and compensation for their ordeal more quickly if you seek legal counsel as soon as possible.

Is Abusing an Elderly Individual a Felony or a Misdemeanor?

Elder abuse is a crime in Florida. If the victim suffers no physical pain or permanent deformity, the crime is a third-degree felony. If the victim sustains substantial physical harm or permanent disfigurement, it is a first-degree felony.

What Is the Punishment for Abuse of an Elderly Person in Florida?

Abuse of an older person has the following penalties:

• For a third-degree crime, the maximum sentence is five years in jail.
• For a first-degree crime, the sentence may be up to thirty years.

The nursing home is often in charge of overseeing the facility’s personnel and operational aspects. Sadly, some nursing homes prioritize their patients’ bottom line over their health and happiness. Owners or management of a nursing home may be responsible for your loved one’s injuries and medical expenses if they:

• Did not employ enough personnel
• Failed to stop the facility’s misuse
• Neglecting staff education

In addition, a nursing home may be held liable for abuse committed by uninvited guests or employees. A nursing home is required to take reasonable precautions to safeguard its inhabitants.

As opposed to nursing homes, assisted living facilities are less strictly governed by Florida law. The facility can be held responsible for your losses if your relative was subjected to abuse or neglect.

Unlike nursing home residents, assisted living facility residents do not require 24-hour care but still need help with everyday duties. In general, an assisted living facility is in charge of giving residents enough support. An assisted living facility offers the following services based on the level of independence:

• Meals
• Medicine administration
• Tracking one’s health
• Household assistance
• Assistance with hygiene

You could potentially file a lawsuit for damages if a facility fails to offer the required services or fails to protect your loved one from abuse and neglect by employees or outside parties.

The elderly and disabled can receive care at home from health aides. They frequently operate via a home health agency. In Florida, there are no certification or licensing requirements for in-home caregivers. Additionally, before sending their aides into their customers’ homes, home health firms could neglect to conduct background checks or provide them with proper training.

Negligence on the part of a home health aide can result in fatalities and severe injuries. A home health assistant runs the risk of hurting seniors physically and mentally or taking advantage of them financially.

What Are the Other Penalties Associated with Elder Abuse?

A second-degree felony known as “aggravated neglect” can be brought against a person. The penalty for severe neglect is up to 15 years in prison.

In Florida, it is also illegal to mistreat elderly people financially. If more than $100,000 is seized, this is a first-degree crime. If the sum taken is between $20,000 and $100,000, it is a second-degree crime.

Seniors who have been abused or neglected may sue the perpetrator and recover actual (and punitive) damages for such abuse and neglect.

How to Prove Elder Abuse in Florida?

To establish elder abuse in Florida, you must demonstrate that a senior was purposefully injured physically or mentally. The senior must have been reasonably expected to suffer injury due to the act.

How Is Elder Abuse Different from Exploitation of the Elderly?

The non-criminal maltreatment of an elderly person is known as exploitation of the elderly, and under Florida law 415.1111, it is possible to sue someone in civil court for this offense. The plaintiff may be awarded both actual and exemplary damages for the misuse, exploitation, or neglect that occurred.

Should I Hire an Attorney If I Am Accused of Elder Abuse?

Yes. It is very advised that you have a Florida elder law attorney defend you throughout any investigations into elder abuse and any potential criminal actions that may follow.