Elder Law

Beyond a Criminal Case: The Civil Claim for Exploitation of a Vulnerable Adult in Florida

September 29, 2026 | by Chepenik Trushin LLP

Families who discover that an elderly parent was financially exploited often assume that their only recourse is to call the police and hope for a criminal prosecution of the wrongdoer. While a criminal prosecution may be worth exploring, it may not place the victim or their family in the same position they were in prior to the exploitation. Florida law provides a separate civil cause of action for the exploitation of a vulnerable adult to help victims and family members recover what was wrongfully taken.

The claim comes from section 415.1111 of the Florida Statutes, part of Florida’s Adult Protective Services Act. The statute provides that a vulnerable adult who has been abused, neglected, or exploited has a cause of action against the perpetrator, and may recover both actual AND punitive damages. Further, the statute goes on to say that a party who prevails may be entitled to recover their reasonable attorney’s fees and costs, and that these remedies exist in addition to whatever other legal remedies the vulnerable may also have. In other words, this claim can be brought alongside other causes of action such as breach of fiduciary duty, undue influence, or civil theft, rather than in lieu of them.

Two definitions are important considerations under this statute. A vulnerable adult, under the statute, is a person 18 or older whose ability to carry out the ordinary activities of daily living, or to provide for his or her own care or protection, is impaired. That impairment can come from a mental, emotional, sensory, long-term physical, or developmental condition, from brain damage, or simply from the infirmities of aging. Exploitation generally involves someone who occupies a position of trust and confidence with that adult and who knowingly obtains or uses the adult’s money or property in a way that deprives the adult of it. Whether a particular person meets these definitions is fact-specific, and can often be the main dispute in these cases.

Guardianship proceedings – learn the facts and the Florida laws

January 13, 2022 | by Chepenik Trushin LLP

In November 2021, after Britney Spears’ father, Jamie Spears, was suspended as conservator of his daughter’s conservatorship, a judge finally ruled to end the conservatorship. This decision signaled the end for the restrictive supervision that had been in place since 2008. Back in June 2021, Britney Spears made headlines as she gave an emotional testimony pleading for her conservatorship to be lifted, echoing the online social media movement #FreeBritney. After nearly fourteen years, Ms. Spears is finally poised to assume complete autonomy of her life and regain many of her most fundamental individual rights.

What is a conservatorship?

Under California law, where Ms. Spears resides, “[a] conservatorship is a court case where a judge appoints a responsible person or organization (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for himself or herself or manage his or her own finances.” The state declares one to be a conservatee if he or she is intellectually incapacitated and unable to make independent decisions, usually involving ailments such as dementia, serious mental illness, or other metal disabilities. Once the court establishes the conservatorship, the conservatee loses the right to make certain decisions, such as deciding medical treatment, controlling financial assets, marrying, and signing contracts, to name a few.

Guardianship 101 – What you need to know and learn

May 18, 2021 | by Chepenik Trushin LLP

Guardianship: Don’t Believe Everything You Watch on Netflix

Netflix’s new sensationalist movie “I Care a Lot,” released this past February 19, 2021, might have you thinking that being a guardian may be the path to wealth and easy money. Although a scammer making a living by successfully requesting the courts to appoint her as the guardian of elderly people she falsely claims cannot take care of themselves makes for a captivating story, fortunately this is far from the reality of guardianship practice.

Guardians are appointed by the court to care for and manage the property of people who cannot do it for themselves, such as individuals with a chronic mental illness, dementia, traumatic brain injury, or orphaned children. But the first thing to keep in mind is that, before a guardian is appointed, the allegedly incapacitated person has to be declared incapacitated by a court of law. This process involves the evaluation by one or more mental health professionals and/or physicians. Thus, unlike the movie, simply alleging a person cannot care for him or herself will not be sufficient. Once the person is deemed incapacitated, some or all of his or her legal rights are removed, and the guardian is charged with the responsibility to exercise those rights on behalf of the incapacitated person, who is legally referred to as “the ward.”

Elder law, Medicaid planning and Special Needs Trusts: What happens when Medicare will not pay for long-term medical care costs?

December 10, 2020 | by Chepenik Trushin LLP

Needs Based Government Assistance and Special Needs Trusts

It is never too early to start Medicaid planning. The goal is to focus on paying for long-term medical care and protecting your assets. By planning for Medicaid to pay for an amount of long-term care, it allows seniors to pass on their wealth while still maintaining long term medical care. With careful planning and the assistance of an attorney, you may be able to receive needs-based government benefits without having to deplete your assets, and ensure that and your children will be able to receive such government assistance if needed.

There are selected categories of people in Florida who may be eligible for Medicaid benefits, such as the elderly (age 65 and above), pregnant women, and people with certain disabilities. There are also a few other requirements to be eligible for Florida Medicaid, such as being a resident of the State of Florida, a U.S. national, citizen, permanent resident, or legal alien; having a financial situation that is considered low income or very low income; and owning assets below a certain threshold. If you are one of the selected categories of people who qualify for Medicaid, there is planning that can be done to help you meet the other requirements. However, there is a 5 year look-back rule regarding any uncompensated transfers that you make, so it is best to plan early and anticipate your future need.