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New law helps families protect ‘vulnerable’ adults

By Nick Blank
Posted 1/23/19

FLEMING ISLAND – Laws protecting adults from exploitation were strengthened last year and Clay County Clerk of Court Tara Green wants to educate the community on how to understand the law and how …

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New law helps families protect ‘vulnerable’ adults


Posted

FLEMING ISLAND – Laws protecting adults from exploitation were strengthened last year and Clay County Clerk of Court Tara Green wants to educate the community on how to understand the law and how it applies to everyday life.

A vulnerable adult is defined as a person 18 or older who has an inability to perform daily tasks or have a disability, Green told an audience of 40 people at the Fleming Island Public Library.

There are five different types of exploitation addressed in state law: depriving funds or property, depriving the vulnerable adult with diminished capacity of funds or property, breach of fiduciary duty, bank account misuse or failure to provide necessities. Green said the person could be exploited by a family member or caregiver, referred to as the respondent.

Concerned parties can petition for a 15-day injunction to freeze the vulnerable adult’s assets if a person has been compromised. According to Green, a petition may be filed by the vulnerable adult, the vulnerable adult’s guardian, a person or organization acting on behalf of the vulnerable adult with the consent of the adult or guardian or a person who files for appointment of emergency temporary guardian of the vulnerable adult.

In filing a petition, the petitioner has to specify the role of the respondent, the condition of the vulnerable adult and outline the alleged exploitation. Green urged petitioners to obtain multiple details relevant to the case when filing a petition.

“I cannot express enough, if you are going to be a petitioner, and a lot of the responsibility is on the petitioner, to make sure you have as much information as possible if you really feel like there is a concern about exploitation to the vulnerable adult,” Green said.

A judge can provide a 15-day injunction, where the court could prohibit contact between the respondent and vulnerable adult, award possession of a home to the adult, freeze assets or credit lines of the adult, though it will allow for certain expenses such as rent to be paid.

“This really defines it for a vulnerable adult relying on others to care for them,” Green said. “This (law change) actually handles more of the financial aspect.”

Then the case may go to an evidentiary hearing, where the petitioner would present supporting documents such as bank account information, payments and loans to prove exploitation. After the hearing, the court has the power to make the respondent pay back costs and award property or assets back to the vulnerable adult after another caregiver is found.

“It’s anything you have that supports your concern about exploitation and why you would be filing a petition,” Green said.

As for the criminal side, Orange Park Police Department Detective Randy Tennant said family dynamics are difficult to parse through during an investigation. For law enforcement, Tennant said, it’s a longer process. He told the audience to document everything if they believe exploitation occurred.

“If you’ve got the concerns, have that report with you to let (authorities) at least get that paper trail going to show your concern,” Tennant said. “If something comes up in the future, you can say, ‘Look, here’s what was happening in the past.’ It’s a touchy situation. A lot of this relies on family cohesion.”

Assistant State Attorney Joseph Licandro said the new provisions give judges more leeway and a wider range of options.

“I think this is a good step,” Licandro said. “Unfortunately, we get a lot of these cases, but we certainly want to prosecute them.”

Visit clayclerk.com for more information or view the clerk’s Facebook page for announcements of future workshops. Green also said residents should use the following resources:

Florida Abuse Hotline 1-800-96ABUSE

AFELA Website link to Exploitation Injunction

www.eldersection.org/assetfreeze

Clay County Clerk of Courts General Counsel Justin Horan

904-269-6317 at the Clay County Clerk’s Office or horanj@clayclerk.com