undue influenceHere at WeidnerLaw, far too often we receive calls from the loved ones and family members of vulnerable adults who know that people trusted to care for their loved ones are taking money from them, either using powers of attorney or by exerting undue influence and putting too much pressure on them. Family members should not just sit on the sidelines and watch this happen…they must take action to protect and look out for the interests of their loved ones.  There are a variety of avenues to pursue these claims, including 415.1111, Florida Statutes:

415.1111 Civil actions.A vulnerable adult who has been abused, neglected, or exploited as specified in this chapter has a cause of action against any perpetrator and may recover actual and punitive damages for such abuse, neglect, or exploitation. The action may be brought by the vulnerable adult, or that person’s guardian, by a person or organization acting on behalf of the vulnerable adult with the consent of that person or that person’s guardian, or by the personal representative of the estate of a deceased victim without regard to whether the cause of death resulted from the abuse, neglect, or exploitation.

The action may be brought in any court of competent jurisdiction to enforce such action and to recover actual and punitive damages for any deprivation of or infringement on the rights of a vulnerable adult. A party who prevails in any such action may be entitled to recover reasonable attorney’s fees, costs of the action, and damages. The remedies provided in this section are in addition to and cumulative with other legal and administrative remedies available to a vulnerable adult. Notwithstanding the foregoing, any civil action for damages against any licensee or entity who establishes, controls, conducts, manages, or operates a facility licensed under part II of chapter 400 relating to its operation of the licensed facility shall be brought pursuant to s. 400.023, or against any licensee or entity who establishes, controls, conducts, manages, or operates a facility licensed under part I of chapter 429 relating to its operation of the licensed facility shall be brought pursuant to s. 429.29. Such licensee or entity shall not be vicariously liable for the acts or omissions of its employees or agents or any other third party in an action brought under this section.

 

If you have a family member that is a vulnerable adult and being exploited, abused or neglected through the use of powers of attorney or by undue influence, contact WeidnerLaw.  We can help!

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