Elder Abuse Attorneys in Big Pine Key30338 Overseas Highway, Unit 7
Big Pine Key, FL 33043
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Elder Abuse Attorneys in Big Pine Key
When you place a loved one in an assisted living facility or a nursing home, you expect that the staff will take the appropriate steps to care for them and preserve their dignity. If this doesn't happen, however, you may need to communicate with elder abuse attorneys in Big Pine Key if the staff of the nursing home or other facility does not follow the law and leaves your loved one suffering devastating injuries.
As elder abuse attorneys in Big Pine Key can tell you, you have a limited window in which to file a lawsuit and your decision to file a suit can help to hold this facility accountable and prevent other residents from suffering in similar ways.
Our lawyers know how hard it can be to realize that what you thought was a safe environment is not safe at all. It’s why we work hard to protect your loved one’s interests when this happens.
Unfortunately, many instances of elder abuse never get reported to the facility, to the authorities, or to the government. You may learn after the fact that your loved one was subjected to abuse or neglect in a nursing home or other similar facility, and you may have questions about your legal rights. It is far better if you reach out to get help as soon as you begin to notice symptoms of elder abuse and neglect.
Contact Morgan & Morgan today for a free, no-obligation case evaluation to get started.
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How to Define Elder Abuse?
Every person living in a facility or being cared for by a caregiver, such as a nurse or home aide, has the right to physical and emotional safety. Unfortunately, many elders are vulnerable and can be easily exploited by other people. This elder abuse can take many different forms including physical abuse, financial abuse, emotional abuse, and sexual abuse.
Elder abuse can take many different forms but can have serious repercussions for your loved one. Your loved one should not have to suffer at the hands of someone else, and when this happens, you need to report these concerns to an elder abuse attorney in Big Pine Key immediately. Neglect, abuse, and exploitation attorneys can help you to review the legal issues at hand and to discuss what happens next.
How to Understand Elder Abuse Under Florida Law?
FS 415.1111 outlines exploitation of the elderly. This occurs when any individual who is in a position of competence and trust knowingly through intimidation or deception, uses, obtains, or endeavors to use or obtain a vulnerable adult's assets, funds, or property with the intent to deprive that person of the use, benefit, or possession of these assets, funds, or property.
Exploitation can also occur if the individual who is accused of carrying this out knows that the vulnerable adult does not have the capacity to consent and endeavors, uses, or obtains the vulnerable adult's funds, property or assets with the intention to permanently deprive that individual of the use of those. The statute also goes on to define abuse as any willful act or a threatened act from a caregiver, relative, or household member that is likely to have significant impairment impacts on the vulnerable adult's emotional, mental, or physical health. Abuse can include both direct acts and omission of acts.
You may realize that your loved one has been exploited after they have already suffered physical injuries, emotional trauma, or financial losses. You can expect that if you do not intervene, someone may continue to take advantage of their vulnerable nature and do everything possible to minimize liability and legal action. As soon as you suspect that something is off, continue to investigate this and to trust your gut. You may discover evidence that can become grounds for an elder abuse lawsuit, and the lawyers at Morgan & Morgan can help you move this into the phase of a legal case.
What Is Elder Financial Exploitation?
Many elderly people are vulnerable to financial exploitation, and this can have significant repercussions for their ability to support themselves. Examples of these actions include unauthorized taking of personal assets, breaches of fiduciary relationships, such as abuse of guardianship duties, or a power of attorney, negligent or intentional failure to effectively use a vulnerable adult's assets and incomes for the necessities they need, misuse, transfer or misappropriation of funds belonging to a vulnerable adult.
All too often, when a manipulative person believes that they can get substantial gains by taking advantage of an elderly person, they move quickly and quietly. They may be able to convince the loved one to change their estate planning documents, make big withdrawals from bank accounts, or engage in other questionable financial activity. If your loved one was not in the right frame of mind to make these decisions, you may be able to allege that Financial exploitation has occurred. It is unfortunate that these situations continue to happen, but it is one of the most common challenges faced by elderly people. Engaging the services of a knowledgeable Financial exploitation lawyer as soon as possible after you realize the situation is happening can help to prevent the losses from accumulating.
How Do We Know if My Loved One Is Suffering From Financial Abuse or Exploitation?
It can be difficult to realize that your loved one is currently suffering from elder abuse, exploitation, or other issues. This is why it is so important to consult with an experienced and knowledgeable attorney.
Begin to watch for sudden changes in behavior and their overall financial situation. If someone in your family has a power of attorney and took on this role quite suddenly, it is possible that they took advantage of your loved one and tried to position themselves in a situation in which they would retain control of the elders finances. The power of attorney at cells could even be called into question in a lawsuit, especially if it was coerced or procured by fraud. Since you may not be able to ask your loved one directly about the exploitation, pay attention to any signs you pick up on your own as well as things that other people in your family notice. Your decision to take action could be an important one for protecting your loved ones assets that they may still need to support themselves.
A Big Pine Key elder abuse attorney can help you to review these issues and to learn more about your legal rights. In these circumstances, you need to be prepared to consult with a qualified and experienced attorney who will do everything possible to represent your best interests in full. It can be very overwhelming for your loved one to come forward and share these concerns with you, particularly if they believe they will be retaliated against or if they are incapable of understanding what is happening to them. There are signs, however, that family members can watch for as it relates to elder abuse. As an elder abuse attorney in Big Pine Key can tell you, some of the most common warning signs of abuse include:
- Large transfers or cash withdrawals between bank accounts.
- Relatives, friends, caregivers, or neighbors attempting to isolate the elderly person from their family members
- Signatures on checks made payable to cash or a great deal of cash withdrawal on deposit slips.
- Excessive or extravagant purchases for caregivers.
- Changes in title or deeds to real property.
- Significant changes in spending patterns and sudden credit card charges.
If you suspect that elder abuse has happened, you need to take proactive steps to talk to an attorney. Only a qualified lawyer will be able to help you with every aspect of your claim and can advise you about what to expect going forward. An experienced attorney is there to answer your questions and to handle your case and with care and dignity. There is a great deal at stake when you are dealing with these kinds of challenges, and it is very important to work with a lawyer who has the right experience in the field. The support of an attorney will make a big difference in the handling of your case, and it is strongly recommended that you retain a law firm that has handled situations like this before. The attorneys at Morgan & Morgan have a strong track record of handling elder abuse cases in Big Pine Key and across Florida because of the dedication we have exhibited to past clients.
We recognize that it can be overwhelming, frustrating, and very exhausting to deal with elder abuse. Our attorneys are here to answer your questions and to ensure that your loved one's rights are represented in full. We believe that elder abuse should not impact anyone but that if your loved one has already become a victim, time is of the essence. You need to share your concerns with a qualified attorney immediately.
Contact Morgan & Morgan today for more help and to learn how you can possibly recover damages for elder abuse and exploitation.