New Florida Law Protects the Elderly and Disabled Adults

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At Belo Law Firm, or passion is assisting Elderly and Disabled Adults. From estate planning to long term planning and special needs clients, Belo Law is here to help.

A new law was recently passed in Florida that is intended to address abuse, aggravated abuse, and neglect of an elderly person or disabled adult. This new law deals with both physical and mental abuse and sets forth strong punishment for a variety of felony level offenses. The law more clearly defines abuse, aggravated abuse and neglect, while setting forth appropriate punishment for committing these acts. Belo Law is well versed in this new change as well as previously existing law in place to protect elderly and disabled.

This law defines abuse of an elderly person or disabled adult as:

1. Intentional infliction of physical or psychological injury upon an elderly person or disabled adult;

2. An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; or

3. Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult.

Neglect of an elderly person is defined as:

1. A caregiver’s failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person’s or disabled adult’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the elderly person or disabled adult; or

2. A caregiver’s failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.

An expansive section regarding Exploiting elderly and disabled individuals is also in place. This part of the law provides protections in the event family members or care givers attempt to exploit the assets of an individual. Misuse or funds, identity, or property are not allowed and can result in felony charges and large penalties including fines, jail time, and offending individuals can be removed from wills or trusts. If you’d like to learn more about the extent of this law you can read it here.

Belo Law is guided by a philosophy emphasizing respect for life in all stages. The areas of particular emphasis include: long term care planning, advanced directives, wills, probate, trusts, guardianships, pet trusts, powers of attorney, living wills, health care surrogate designations and special needs planning. Ms. Belo is a member of the Florida Bar, the Florida Bar Elder Law and Real Property and Probate Sections, The National Academy of Elder Law Attorneys, The Academy of Florida Elder Law Attorneys, and the Florida State Guardianship Association. Lynn is the advocate for you and your family. She is also a Florida Bar Board Certified Attorney in Elder Law. In order to receive this designation, she has been evaluated for professionalism and tested for expertise in this area.

If you’d like to discuss how Belo Law can help, there’s an easy to complete contact form here.