New Florida Bill Protects Elders from Exploitation. What Does it Mean?

Mark Shalloway
2 min readNov 14, 2018

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This past March, Florida Governor Rick Scott put into action a new law. The bill provides protection of vulnerable adults from exploitation — intended for those under the care of a guardian.

In the state of Florida, there is a guardianship program which provides adults who need support due to age, mental illness, or disability outside support. These guardians may be tasked with anything from offering physical assistance, to managing the vulnerable adult’s finances. These guardians are provided with compensation that ranges depending on the provided services. In the past, fighting mistreatment from guardians has been a difficult fight.

Credit: American Chemical Society

So what does this law do?

The new law expands existing protection for vulnerable adults. Whether the guardian is court-appointed, or a family member, the law allows the elder, another guardian, or simply a concerned family member to request court intervention when it appears the vulnerable adult may be exploited in one way or another. These court-ordered injunctions can prevent an exploitative guardian from contacting the elder, freeze the assets of an elder to prevent the guardian from taken them, and provide protections such as restraining order.

Remember, exploitation can come in more than one form. These mistreatments can be physical, emotional, mental, or financial. It is important that a concerned person report any exploitation when they are concerned that it is occurring. If they wait, it could be extremely detrimental to the vulnerable adult.

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Mark Shalloway
Mark Shalloway

Written by Mark Shalloway

Mark Shalloway is an elder and special needs care attorney in West Palm Beach, Florida.

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