In Florida, the exploitation of vulnerable adults is not only a criminal offense but also a civil wrong that can give rise to lawsuits for financial recovery and other remedies. While criminal prosecution aims to punish the wrongdoer, civil actions focus on compensating the victim and undoing the damage caused by the exploitation. Florida law provides several avenues for victims and their families to seek justice in civil court.
In this blog, we will explore how to prove exploitation of a vulnerable adult in civil proceedings under Florida statutes and the types of remedies available to recover losses.
Understanding Vulnerable Adult Exploitation in a Civil Context
A vulnerable adult, as defined in Fla. Stat. Section 415.102(28), is a person 18 years of age 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 due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.
Key Elements of Civil Exploitation Cases
Fla. Stat. Section 415.1111 provides that a vulnerable adult who has been abused, neglected, or exploited (as specified in the statute) has a cause of action against any perpetrator and may recover actual and punitive damages for such abuse, neglect, or exploitation.
Generally speaking, to succeed in a civil case for exploitation of a vulnerable adult, a plaintiff typically needs to prove the following elements:
1. The victim is a vulnerable adult.
2. The defendant used or misused the victim’s assets or property without proper authorization.
3. The exploitation was done through deception or coercion.
Let’s break down these elements and how they might play out in civil court.
Proving Vulnerability in Civil Court
The first step in a civil exploitation case is to establish that the victim is, in fact, a “vulnerable adult” as defined by Florida law. The court will look for evidence that demonstrates the victim’s inability to manage their own affairs due to mental or physical impairments. Evidence may include:
- Medical records documenting physical or cognitive limitations.
- Testimony from healthcare providers or mental health professionals who can attest to the victim’s condition.
- Testimony from caregivers or family members who are familiar with the victim’s inability to manage daily activities or finances.
This is a critical element, as Florida civil remedies for exploitation are available specifically for those who meet the statutory definition of a vulnerable adult.
Demonstrating Unauthorized Use of Assets
The second key element is showing that the defendant improperly used or accessed the victim’s assets. This requires proving that the defendant obtained control over the vulnerable adult’s funds or property through fraud, deception, or intimidation. Evidence may include:
- Financial records: Bank statements, investment accounts, and other financial documents that show unauthorized withdrawals, transfers, or purchases.
- Documentation of forged signatures: Such as on checks, contracts, or powers of attorney.
- Testimony from witnesses: Who may have seen the defendant exerting undue pressure or manipulating the victim into signing over control of assets or property.
Proving Fraud, Deception, or Coercion
A central part of any civil case for exploitation is proving that the defendant used fraud, deception, or coercion to manipulate the victim. This can be one of the more challenging aspects of proving exploitation because the manipulation often occurs behind closed doors. Key evidence may include:
- Witness testimony: Friends, family members, or caregivers who can testify to a change in behavior or pressure exerted by the defendant.
- Expert testimony: In some cases, experts in psychology or elder abuse can provide opinions on whether the defendant’s behavior fits patterns of undue influence.
- Communication records: Text messages, emails, or other written communications that may show the defendant manipulating or deceiving the vulnerable adult.
Civil Remedies Available for Exploitation of a Vulnerable Adult
Once exploitation has been proven in a civil court, the victim or their authorized representatives may be entitled to several types of remedies under Florida law.
1. Restitution and Recovery of Assets
The primary goal of a civil action for exploitation is to recover the victim’s lost assets or property. If the court finds that exploitation occurred, it can order the defendant to:
- Return any money, property, or assets that were wrongfully taken.
- Pay damages equal to the value of the misappropriated assets, including interest.
- Disgorge any profits the defendant earned from exploiting the victim’s property.
2. Injunctive Relief
In some cases, the court may grant injunctive relief to prevent further exploitation. This could include:
- Freezing the defendant’s access to the victim’s bank accounts or property to prevent further misuse.
- Removing the defendant from any position of authority over the victim, such as through a power of attorney, trustee role, or guardian position.
Injunctions can be important when the exploitation is ongoing or if there’s a risk of continued harm to the victim’s financial security.
3. Rescission of Fraudulent Transactions
Civil courts in Florida may also rescind or void any fraudulent transactions that occurred as a result of the exploitation. This could involve:
- Revoking unauthorized deeds or titles to property that were transferred under coercion or deceit.
- Cancelling wills, trusts, or other legal documents that were improperly executed due to the influence of the defendant.
Rescission is designed to restore the vulnerable adult to their prior legal and financial position before the exploitation occurred.
4. Compensatory and Punitive Damages
In addition to returning assets, the court may also award compensatory damages to cover additional harm suffered by the victim, such as:
- Emotional distress.
- Costs associated with reclaiming assets, such as legal fees or accounting costs.
In particularly egregious cases, the court may award punitive damages to punish the wrongdoer and deter future exploitation. Punitive damages are rare and are typically reserved for cases where the exploitation was especially malicious or intentional.
Filing a Civil Lawsuit for Exploitation
In Florida, civil actions for exploitation can be filed by:
- The vulnerable adult themselves, if they are still able to make legal decisions.
- A guardian or conservator who has been appointed to manage the vulnerable adult’s affairs.
- The victim’s personal representative or executor, if the victim has passed away.
Statute of Limitations
It’s important to note that Florida has a statute of limitations for filing civil claims for exploitation. Under Florida law, the claim must generally be filed within four years from the date the exploitation was discovered or reasonably should have been discovered.
Conclusion
Proving the exploitation of a vulnerable adult in civil court under Florida law requires careful documentation of the victim’s vulnerability, unauthorized use of assets, and evidence of deception or manipulation. Civil remedies, such as restitution, rescission of fraudulent transactions, and damages, can provide critical relief to victims or their authorized representatives.
If you suspect a vulnerable adult has been exploited, seeking legal advice and filing a civil claim can be a vital step toward protecting the victim and recovering stolen assets. Joel Ewusiak has represented clients in numerous lawsuits where parties have alleged the exploitation of a vulnerable adult. Please contact Joel for help with your specific dispute.