What is elder financial exploitation under Florida law?

Florida’s criminal statute, s. 825.103, covers obtaining or using an elderly person’s or disabled adult’s funds or property through a position of trust, a business relationship, the person’s lack of capacity, a breach of fiduciary duty, misuse of their accounts, or a fraudulent change to a will or trust. Chapter 415 covers the protective-services side.

How do I report suspected elder exploitation in Broward County?

Call the Florida Abuse Hotline at 1-800-962-2873, which accepts reports 24 hours a day, 7 days a week, or report online at reportabuse.myflfamilies.com. Call 911 if someone is in immediate danger.

Am I required to report it?

Under s. 415.1034, F.S., any person who knows or has reasonable cause to suspect that a vulnerable adult is being abused, neglected or exploited must immediately report it to the central abuse hotline.

Can a private investigator help with elder exploitation?

Yes, by gathering lawful facts: background on the person involved, public-record asset research, surveillance and witness interviews. An investigator supports, but does not replace, APS and law enforcement.

Is a large gift to a new friend automatically exploitation?

Not automatically. But Florida law creates a permissive presumption of exploitation when someone 65 or older transfers more than $10,000 to a nonrelative they have known for under two years without receiving reasonably equivalent value.

Elder Financial Exploitation: Warning Signs & What Broward Families Can Do

Financial exploitation of an older adult rarely announces itself. It tends to begin with a new friend who is always around, a helper who suddenly handles the checkbook, or a relative with a power of attorney and purchases nobody can explain. By the time the family notices, a lot of money can be gone. Florida has specific laws on exploitation, a statewide hotline that takes reports around the clock, and an Adult Protective Services program run by the Department of Children and Families (DCF). Here are the warning signs, what the law says, and practical steps Broward families can take.

What Florida law calls exploitation

Florida addresses exploitation in two places. Chapter 415, the Adult Protective Services law, protects a “vulnerable adult,” meaning a person 18 or older “whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired” (s. 415.102, F.S.). Its definition of exploitation covers a person who “stands in a position of trust and confidence with a vulnerable adult and knowingly, by deception or intimidation, obtains or uses” that adult’s funds, assets or property.

The criminal law is s. 825.103, F.S., exploitation of an elderly person or disabled adult. Under s. 825.101, F.S., an “elderly person” is someone 60 or older whose ability to provide for their own care or protection is impaired by the infirmities of aging or another dysfunction. Section 825.103 reaches conduct including:

Obtaining or using the person’s funds, assets or property with intent to deprive them, by someone in a position of trust and confidence or with a business relationship.
Doing so when the offender knows or reasonably should know the person lacks the capacity to consent.
A guardian, trustee or agent under a power of attorney breaching a fiduciary duty, resulting in an unauthorized appropriation, sale or transfer of property, a kickback, or an improper benefit.
Misappropriating money from the person’s personal, joint or convenience accounts without authorization.
Failing to use the person’s income and assets for their necessary support and maintenance.
Obtaining funds or property through a fraudulent change to, or creation of, a will, trust or other testamentary instrument.

A presumption every family should know

Section 825.103(2) creates a permissive presumption of exploitation when a person age 65 or older transfers money or property valued in excess of $10,000, in one transaction or several, to a nonrelative they knew for fewer than two years before the first transfer, without receiving reasonably equivalent value in goods or services. That is exactly the pattern in many “new best friend” and romance cases. The penalties scale with the amount involved: a third-degree felony below $10,000, a second-degree felony from $10,000 to under $50,000, and a first-degree felony at $50,000 or more.

Warning signs to watch for

Money and paperwork

Unusual withdrawals, transfers, or checks made out to people you do not recognize.
New names added to bank accounts, or a new power of attorney nobody discussed.
Changes to a will, trust or beneficiary designation that seem out of character.
Bills going unpaid even though there should be enough money.
Missing jewelry, valuables or financial statements.

People and behavior

A new friend, romantic interest or helper who quickly becomes central to your loved one’s life.
Family calls and visits being screened, discouraged or cut off.
Your loved one seems fearful, secretive or confused whenever money comes up.
Basic needs such as food, medication or home repairs going unmet.

How to report it in Florida

If you suspect exploitation, report it. The Florida Abuse Hotline, operated by DCF, accepts reports of known or suspected abuse, neglect or exploitation of a vulnerable adult 24 hours a day, 7 days a week at 1-800-962-2873, or online at reportabuse.myflfamilies.com. DCF’s Adult Protective Services program is responsible for preventing further harm to vulnerable adults who are victims of abuse, neglect, exploitation or self-neglect. If someone is in immediate danger, call 911.

For many people, reporting is not just an option; it is a legal duty. Under s. 415.1034, F.S., any person who “knows, or has reasonable cause to suspect, that a vulnerable adult has been or is being abused, neglected, or exploited” must immediately report it to the central abuse hotline. The statute also names specific professionals, including physicians, nurses, social workers, law enforcement officers, bank officers and investment advisers.

Practical steps Broward families can take

Write things down. Keep a dated log of what you observe: conversations, visits, changes in behavior and any documents you have seen.
Preserve what you can lawfully access. If you are on an account or hold legal authority, save the statements. Do not take documents you have no right to.
Talk to an elder law attorney. An attorney can explain options such as challenging a power of attorney, and whether a guardianship or other court action makes sense. The Florida Bar’s Lawyer Referral Service can help you find one.
Tell the bank. Bank officers are among the professionals Florida names in its reporting law, so let the institution know what you are seeing.
Keep your loved one connected. Exploitation thrives on isolation. Stay in regular contact, even if someone else resists it.

Where a licensed private investigator helps

APS and law enforcement have the legal authority to investigate and act, and an investigator does not replace them. Licensed Florida private investigators can, however, gather facts that help your family, your attorney and the authorities understand what is happening:

Background on the new person in your loved one’s life, including true identity, prior names and court history, through background investigations.
Public-record research into property transfers, new liens or business filings involving your loved one’s assets.
Lawful observation of who comes and goes, and what happens in public, through surveillance.
Witness interviews with neighbors, former caregivers and others who have seen what is going on.
Organized documentation your attorney can use and share with APS or law enforcement.

Investigators work within the law; federal law prohibits obtaining bank records through false pretenses (15 U.S.C. § 6821). Prevention is easier than recovery: vetting in-home help before they start is covered in our guide to caregiver background checks, and if a loved one’s new relationship began online, our article on verifying someone you met online explains the warning signs.