What is it I need to do if I know that my elderly father has been explorited by family members that was his Power Of Attorney and caregiver at the time that he was very ill? A lots of hisproperty and personal things had been taken from him before I arrived from Alabama to revocate the Power Of Attorney that his brother had and to bring him back home with me toAlabama. I had written the Attorney General's Office there in Florida to get some informationpertaining to this matter and was sent information along with that office forwarding this information to other offices and agencies. What is the next step for me to take?
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If your father is still alive, he can sue the person he named as his agent(s) or the return of embezzled property or for monetary damages. Alternatively, if you are acting as his agent now under a new Power of Attorney, you may be able to sue the former agent(s) on his behalf for damages. If your father has passed away, the person serving as executor of the estate can sue on behalf of his estate to recover property or monetary damages. Florida law also permits the prosecution of individuals who abuse their role as an agent and use it for unjust enrichment. A person can be charged with theft or fraud. If you have not contacted the authorities in Florida where your father is living, you may want to do so, so that an investigation can be commenced.
If you would like any additional information or have more questions please don’t hesitate to ask!
The brother was the POA and a sister was the caregiver. Can the caregiver be held accountable for not taking care of him properly? Because when I brought him back to Alabama with me I was told by the medical doctors that if I had not brought him back with me to care and put him under several specialist I would had lost him because his body was shutting down medically and he was malnurished.Other family took from him to but he tells me to just require them to repay what they took.I will take the Attorney Generals Office advise along with yours I will contact the Hillsbourough County Sheriff's Office immediately because The Attorney General Office had already forwarded a copy of my correspondence in May of this year. Thanks
Thank you for your reply.Indeed she could. That could be considered neglect, a form of elder abuse under Florida law. Specifically, Florida statute Section 825.102 states in part:(3)(a) “Neglect of an elderly person or disabled adult” means:1. A caregiver’s failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person’s or disabled adult’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the elderly person or disabled adult; or2. A caregiver’s failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.Neglect of an elderly person or disabled adult may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or psychological injury, or a substantial risk of death, to an elderly person or disabled adult. (b) A person who willfully or by culpable negligence neglects an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(c) A person who willfully or by culpable negligence neglects an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.It's something that needs to be reported to the authorities.
Neglect of an elderly person or disabled adult may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or psychological injury, or a substantial risk of death, to an elderly person or disabled adult.
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