Protecting Vulnerable Adults in Florida Through Court-Appointed Guardianship
Financial Exploitation in Orlando Families
In Orlando and across Florida, financial exploitation of vulnerable adults is an unfortunate reality. Elderly individuals and adults with disabilities are frequent targets of scams, undue influence, and even financial abuse by relatives or caregivers. Families often notice warning signs but are unsure how to respond.
One legal option is conservatorship (called guardianship under Florida law). A conservatorship allows a trusted person to take control of the vulnerable adult’s finances, with court oversight, to stop the exploitation and protect assets.
I’m Beryl Thompson-McClary, an Orlando Conservatorship Attorney. I help families recognize the signs of exploitation and file petitions for conservatorship when necessary. If you suspect a loved one is being taken advantage of, call 1-888-640-2999 to discuss immediate steps.
Common Signs of Financial Exploitation
Financial abuse often hides in plain sight. Some of the most frequent warning signs include:
- Unexplained withdrawals from bank accounts or missing funds
- Unpaid bills or utilities despite adequate income
- Sudden changes in wills, trusts, or powers of attorney
- Large gifts or transfers to new “friends” or caregivers
- Isolation of the vulnerable adult from family and long-time contacts
- Pressure to sign documents without understanding their meaning
- Unusual purchases inconsistent with prior spending habits
When families see these patterns, it may be time to take legal action.
How Conservatorship Protects Against Exploitation
Under Florida Statutes Chapter 744, conservatorships provide safeguards, including:
- Court-supervised asset management. Conservators must file inventories and annual accountings reviewed by judges.
- Control over bank accounts and property. Conservators can block unauthorized access and stop financial losses.
- Court approval for major transactions. Property sales or large transfers require judicial oversight.
- Fiduciary duty enforcement. Conservators are legally obligated to act in the ward’s best interest.
These protections make conservatorship one of the most effective remedies against ongoing exploitation.
Emergency Conservatorships
If the exploitation is active and urgent, Florida courts allow emergency temporary guardianships under § 744.3031.These can be granted within days—or even hours—when evidence shows immediate danger to property or finances. The emergency guardian protects the ward until a full hearing can be held.
Balancing Protection with Rights
While conservatorship is powerful, Florida law requires courts to use the least restrictive means. Judges may order limited conservatorships, giving control only over financial matters while allowing the ward to retain personal rights. This balance protects autonomy while ending exploitation.
Why Families Need Legal Counsel
Financial exploitation cases move quickly. Funds can disappear in weeks, and vulnerable adults may not understand what is happening. As an Orlando Conservatorship Lawyer, I:
- Help families document warning signs
- File emergency petitions when urgent protection is needed
- Represent wards or family members in contested cases
- Ensure ongoing oversight of conservators to prevent further abuse
If you suspect financial exploitation, don’t wait. Call 1-888-640-2999 to discuss how conservatorship can protect your loved one.
FAQs – Financial Exploitation and Conservatorship
What is considered financial exploitation under Florida law?
It includes unauthorized use of money, property, or assets, often by deception, coercion, or undue influence. This can be committed by strangers, caregivers, or even family members.
How quickly can a conservatorship stop exploitation?
In urgent cases, the court can grant an emergency temporary guardianship within 24–48 hours, freezing accounts and securing assets.
Does a conservator have total control of finances?
Only within the authority granted by the court. Conservators must follow court orders and may need approval for major decisions.
Can family members petition for conservatorship if they suspect abuse?
Yes. Under § 744.3201, any “interested person” may file a petition, including family, friends, or professionals concerned about the ward’s welfare.
What if the conservator misuses funds?
They can be removed under § 744.474, held personally liable, and potentially face criminal charges. Court oversight ensures accountability.
Are there alternatives to conservatorship for preventing exploitation?
Yes. Durable powers of attorney, trusts, and representative payees can help, but if exploitation is already occurring, court-supervised conservatorship is often the strongest remedy.
Call Our Orlando Conservatorship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation if you suspect financial exploitation of a vulnerable adult. We act quickly to protect assets and ensure accountability through Florida conservatorship proceedings.
