A Legal Solution to Shield Vulnerable Adults from Abuse and Scams
Financial exploitation of seniors is a growing concern across Florida. Unscrupulous caregivers, relatives, scammers, or even neighbors may take advantage of an elderly person’s cognitive decline, isolation, or trust. When informal protections aren’t enough, Florida law provides a legal solution: adult guardianship.
I’m Beryl Thompson-McClary, a Florida guardianship attorney serving clients throughout the state. I help families stop elder exploitation through court-ordered protection, often when other options have failed. If you’re concerned about an elderly loved one, call 1-888-640-2999 to schedule a consultation.
Signs of Financial Exploitation in Florida Seniors
Recognizing the warning signs early can help prevent major losses. Look for:
- Unusual bank withdrawals or wire transfers
- New “friends” or caregivers suddenly gaining influence
- Missing possessions or documents
- Changes in wills, deeds, or powers of attorney
- Unpaid bills despite adequate income
- Fear or confusion when asked about finances
If your parent or loved one exhibits these signs and isn’t capable of protecting themselves, it may be time to consider legal intervention.
How Guardianship Helps Prevent Financial Abuse in Florida
Guardianship gives a responsible person the legal authority to manage the finances of an adult who has been declared incapacitated. Once guardianship is in place, the senior cannot sign over assets, change beneficiaries, or be exploited through contracts or gifts.
Under Florida Statutes Chapter 744, courts may appoint a guardian of the property if an adult cannot manage their assets safely. This type of guardianship includes:
- Gaining control of bank accounts and real estate
- Canceling exploitative contracts
- Filing police reports on fraudulent transactions
- Creating a budget for care and essential needs
- Preventing further unauthorized transfers
In serious cases, a court may also appoint a plenary guardian to oversee both personal and financial decisions.
Steps to Seek Guardianship in Florida to Protect Against Exploitation
- Consult a Florida guardianship attorney to assess whether guardianship is the best option.
- File a Petition to Determine Incapacity and a Petition to Appoint Guardian in the appropriate Florida court.
- The court will appoint an examining committee of professionals to evaluate the senior.
- A hearing will determine whether the person is legally incapacitated.
- If granted, the guardian will have legal control over financial matters and must submit annual accountings to the court.
Guardianship is a serious step, but in many Florida cases, it is the only effective way to stop ongoing or potential financial abuse.
Alternatives to Guardianship in Florida (When Still Possible)
If the senior still has mental capacity, they may be able to sign:
- A Durable Power of Attorney, naming a trusted person to manage finances
- A Revocable Trust, with a reliable trustee overseeing assets
- A Designation of Pre-Need Guardian, naming someone in case incapacity occurs later
However, once exploitation is underway or capacity is lost, guardianship may be the only viable legal tool to stop it.
FAQs: Florida Guardianship and Financial Exploitation
What if my elderly parent is being exploited but refuses help? You can still file for guardianship. Florida law prioritizes the safety of vulnerable adults, even if they don’t realize they need protection.
Can guardianship be used to freeze accounts and stop theft? Yes. Once appointed, the guardian has legal authority over financial accounts and can immediately intervene to secure assets.
Will the person lose all their rights under guardianship? Not necessarily. Florida courts favor limited guardianships that preserve as many rights as possible.
How quickly can guardianship be established in Florida? If there is urgent risk, the court may grant an emergency temporary guardianship within days. Standard guardianship may take 4-8 weeks.
Is guardianship permanent? Not always. If the senior’s condition improves, the court can restore their rights and terminate the guardianship.
Does the guardian have to be a Florida resident? No, but non-resident guardians must typically be close relatives to qualify under Florida law.
Contact Florida Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you suspect a loved one is at risk of financial abuse or exploitation, don’t wait. Florida law offers powerful tools to protect vulnerable adults. I can guide you through the guardianship process, file the appropriate petitions, and ensure your family member’s assets are secured. Call 1-888-640-2999 to schedule your consultation today.
