Florida takes elder financial exploitation seriously. Under Florida Statute 825.103, it is unlawful to knowingly obtain or use, or attempt to obtain or use, the funds, assets, or property of an elderly person with the intent to temporarily or permanently deprive that person of those resources. The statute covers a broad range of conduct, which is exactly why people sometimes face these charges without fully understanding what they’re accused of doing. An “elderly person” under Florida law is anyone aged 60 or older. That threshold matters because it triggers the enhanced protections and penalties built into Chapter 825 of the Florida Statutes.
What Conduct Qualifies
The statute doesn’t limit itself to outright theft. Financial exploitation can be charged based on a wide range of actions, including:
- Misusing one’s power of attorney or guardianship authority
- Unauthorized transfers of property or bank accounts
- Coercing or deceiving an elderly person into signing documents
- Using an elderly person’s identity to open accounts or make purchases
- Diverting funds from joint accounts for personal use
- Pressuring someone to change a will, trust, or beneficiary designation
What often surprises people is that family members, caregivers, and financial advisors are frequently the ones charged. These aren’t always strangers committing fraud. They’re people in positions of trust, and that’s precisely what makes Florida courts treat these cases so aggressively.
How the Charges Are Classified
The severity of the charge depends on the value of the assets involved. Exploitation valued at less than $10,000 is a third-degree felony. Between $10,000 and $50,000 bumps the charge to a second-degree felony. Anything over $50,000 is a first-degree felony, which carries a potential sentence of up to 30 years in prison when the victim is elderly or disabled. These are serious numbers. A conviction doesn’t just mean jail time. It can mean restitution orders, loss of professional licenses, and a permanent felony record that affects employment and civil rights for the rest of someone’s life.
The Role of Intent
Intent is one of the most important elements prosecutors must prove. They have to show that the defendant knowingly and intentionally acted to deprive the elderly person of their assets. This is where many cases become genuinely contested. Family members who manage finances for an aging parent, for example, may have had full authorization to use those funds and simply lack documentation to prove it. Caregivers who receive gifts or inheritance may find those transactions scrutinized long after the fact. A Tampa elder abuse defense lawyer can examine whether the state can actually meet that burden of proof, or whether the facts tell a different story.
Common Defenses in These Cases
Not every financial transaction involving an elderly person is exploitation. Some defenses that arise in these cases include:
- The defendant had valid authority to access and use the funds
- The elderly person voluntarily gifted the assets with full mental capacity
- There was no intent to deprive, and the money was used as authorized
- The alleged victim did not meet the legal definition of “elderly” or lacked diminished capacity
- Evidence was obtained through an improper investigation
The state sometimes moves quickly on these cases after a complaint from a family member or Adult Protective Services, and early legal intervention can make a real difference in how a case develops.
Why These Cases Require Focused Defense
Elder financial exploitation charges carry significant stigma. Prosecutors tend to pursue them hard, and judges take them seriously. The evidence often involves financial records, witness statements, and circumstantial inferences about intent that need to be challenged carefully and methodically. At StechLaw Criminal Defense, these cases are handled with the level of attention they require, from reviewing financial records and estate documents to identifying weaknesses in how the investigation was conducted. If you or someone you know is facing an elder financial exploitation charge in Florida, contact our team as early as possible to understand your options and begin building a defense.
