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Elder Abuse in Florida: Stop It, Report It, Recover the Money

Someone is hurting or draining your parent. Florida law gives you more power than you think, if you use it fast.

Report it, freeze the accounts in days, recover up to triple what was taken, and cut the abuser out of the estate. Here is the whole playbook.

  • Emergency court freeze with no filing fee, working in days
  • Civil recovery of up to three times the amount taken, plus fees
  • Litigated by an attorney who tries estate disputes in court
Book a free consultation Report abuse now at 1-800-962-2873, press 2 · Danger? 911

Quick Overview

Florida gives a family real weapons against elder abuse, including a 24/7 hotline (1-800-962-2873) that triggers a state investigation, felony prosecution graded by the amount taken, a no-fee court injunction that freezes accounts within days, civil recovery of up to three times what was taken, and a rule that strips an abuser of the entire inheritance. Which weapons fit your facts, and the order to use them in, is below.

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Below, we walk through the 7 issues that decide whether this is the right move for you. Jump to any one.

  1. The Three Wrongs Florida Law Names Abuse, neglect, and exploitation are each defined crimes, and the definitions are wider than families expect. Isolating a parent from family is on the list.
  2. The Criminal Track and the Civil Track The state can send the abuser to prison, but only the civil case returns the money. Running both at once is usually the play, and they feed each other.
  3. The Family Playbook: Report, Freeze, Recover, Protect Four moves in a specific order, starting with a phone call the law requires and a court freeze with no filing fee. Skipping a step costs ground.
  4. The Abuser Loses the Inheritance Conviction forfeits everything, including joint accounts and survivorship rights, as if the abuser died first. There is even a path without a conviction.
  5. When the Will, Trust, or Deed Was Changed Florida courts flag seven badges of undue influence, and when they stack up, the burden of proof flips onto the new beneficiary.
  6. Abuse in a Nursing Home or ALF Facility cases run through three agencies and a different litigation route. Knowing which complaint goes where changes what actually happens.
  7. Local Help by County Sixteen counties, each with its verified local units, prosecutors, and filing counter, because in several counties the injunction desk is not where you would look.

That’s the quick version. The details below are what decide your situation, and where the costly mistakes hide.

The Three Wrongs Florida Law Names

Florida law names three distinct wrongs against elderly and vulnerable adults, and each is a felony.

Who is protected turns on impairment, not just age. The protective system covers any adult whose ability to care for or protect themselves is impaired, and the criminal exploitation statute protects people 60 and older who suffer from the infirmities of aging, plus disabled adults of any age. One more tripwire is built into the law. A transfer over $10,000 by someone 65 or older to a non-relative they have known for under two years, with nothing of real value back, is legally presumed suspicious.

The Criminal Track and the Civil Track

The criminal track belongs to the state. Exploitation is graded by the amount taken, up to a first-degree felony at roughly $50,000 or more, and prosecutors can aggregate a course of small takings into one big charge. Several Florida counties field dedicated elder-exploitation units, and courts can even return seized property to the victim before trial. Report, cooperate, and let the state carry that weight.

The civil track belongs to your family, and it is the only track that returns money. It includes the emergency freeze, a civil-theft claim for up to three times the amount taken plus attorney fees, a separate statutory claim for actual and punitive damages, suits to void deeds and beneficiary changes, accountings, and constructive trusts. The tracks feed each other, since the criminal file helps prove the civil case and a conviction triggers the inheritance forfeiture below. The full recovery guide →

The Family Playbook: Report, Freeze, Recover, Protect

  1. Report. Call 1-800-962-2873 (press 2), any hour. The call is required by law, immune in good faith, and it is a prerequisite to the court freeze. Every hotline and what each does → If money has already left an account, the first hours matter more than anything else here. See what to do first when money is stolen → and the fraud numbers and hours for the major banks, since only four of them answer around the clock.
  2. Freeze. The vulnerable adult injunction can lock accounts and credit lines within days, no filing fee, even joint accounts, even against anonymous online scammers. Alert the bank’s fraud team the same day.
  3. Recover. Written demand, then suit, with treble damages, fees, voided transfers, and accountings. Evidence assembled while the trail is warm decides these cases. How the money comes back →
  4. Protect. Revoke the compromised power of attorney, re-paper the accounts, freeze the credit file at all three bureaus (free, and an agent or guardian can place it by mail), install trustworthy fiduciaries, and where capacity is failing, weigh a guardianship or its alternatives. Then rebuild the estate plan so this cannot happen twice.

What happens on the state’s side after your report, and where its power ends, is its own story. Read how Adult Protective Services actually works →

Every week of delay is money you may not get back.

Book a free consultation with Attorney Kevin D. Klagge, Esq. We map the freeze, the recovery, and the protection, and quote the fee up front.

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The Abuser Loses the Inheritance

One rule changes everything after a death. A person convicted of abusing, neglecting, or exploiting the decedent forfeits every benefit from the estate, treated as if they had died first. And the statute reaches further than most lawyers expect. It severs survivorship rights, so the joint bank account and the jointly titled home pass as the victim’s sole property, and pay-on-death and life-insurance designations pay out as though the abuser had died first. Property acquired through the abuse must be returned. Even without a conviction, a court can apply the forfeiture on the greater weight of the evidence where the abuse caused or contributed to the death. For a family staring at a caregiver who spent years positioning herself on every account, this is what resets the board.

When the Will, Trust, or Deed Was Changed

Exploitation often shows up as paperwork, whether a new will favoring the caregiver, a deed to the "new friend," or a beneficiary form quietly redone. Florida law has a specific answer. When a substantial beneficiary who held a position of trust was active in procuring the document, undue influence is presumed, and the burden of proof shifts to them to justify the gift. Courts look for familiar badges. They were present at the signing, recommended the lawyer, gave the instructions, knew the contents, secured the witnesses, kept the document. Stack a few of those and the contest has real teeth. These fights are our home field. See will, trust, and deed contests →, including contested lady bird deeds →.

Abuse in a Nursing Home or ALF

Facility cases run through their own doors. The Long-Term Care Ombudsman (1-888-831-0404) advocates for the resident; AHCA (1-888-419-3456) polices the facility’s license; the abuse hotline brings in APS and law enforcement; and in Medicaid-funded facilities the Attorney General’s Medicaid Fraud Control Unit investigates patient abuse. One honest boundary deserves naming. Lawsuits over the quality of care at a licensed facility follow a separate legal route (Florida’s treble-damages exploitation remedy expressly excludes them), and those negligence cases belong with a nursing-home litigation firm. Where we come in is the money, the facility-adjacent caregiver or "helper" draining accounts, and the estate-side fallout. The facility complaint map →

Local Help by County

The hotline is statewide, but the local bench differs county to county. Some State Attorneys run named elder-exploitation units, some sheriffs keep dedicated elder-abuse pages, and the injunction filing counter is not always where you would guess. In Miami-Dade, Broward and Indian River it is the probate desk, and in Duval it is the clerk’s Mental Health department. We verified every county resource in August 2026. Open a county below for its units, phone numbers and filing desk.

Miami-Dade County (11th Judicial Circuit)

Miami-Dade has one of the deepest elder-protection benches in Florida. The State Attorney runs a dedicated exploitation unit that was among the first of its kind in the country, and the Sheriff keeps a page and a specialized bureau just for elder and disabled-adult abuse.

Where to file the vulnerable adult injunction. In Miami-Dade, the vulnerable adult injunction runs through the circuit’s Probate Division at the Lawson E. Thomas Courthouse Center (175 NW 1st Ave., Miami), and the court posts the forms on the circuit’s website. The clerk’s domestic-violence pages do not mention this injunction type, so ask for the probate filing counter. Local filing information →

Miami-Dade County sits in Florida’s 11th Judicial Circuit, and the State Attorney for that circuit prosecutes exploitation as a felony, graded by the amount taken. All numbers and links verified August 2026.

Broward County (17th Judicial Circuit)

Broward is one of the few Florida counties where nearly every layer has a dedicated elder-abuse resource, namely a named Elder Abuse Unit at the State Attorney’s office, an Area Agency on Aging with its own reporting page, and a legal-aid project built specifically for seniors.

Where to file the vulnerable adult injunction. In Broward, the vulnerable adult injunction is filed through the clerk’s Probate and Guardianship Division (not the domestic-violence department), which publishes flyers in English, Spanish, and Creole and charges no filing fee. The local number is 954-831-7154. Local filing information →

Broward County sits in Florida’s 17th Judicial Circuit, and the State Attorney for that circuit prosecutes exploitation as a felony, graded by the amount taken. All numbers and links verified August 2026.

Palm Beach County (15th Judicial Circuit)

Palm Beach County pairs a strong legal-aid elder project (free for anyone 60 and older, no income test) with something rare. The clerk runs one of the country’s first guardianship-fraud hotlines, and the State Attorney recently stood up a Special Prosecution Division that covers elder crimes.

Where to file the vulnerable adult injunction. The Palm Beach clerk offers a self-service packet for the vulnerable adult injunction (Packet 71) through its injunction department at the main courthouse (205 N. Dixie Hwy., West Palm Beach), and issues Hope Cards for granted injunctions. The local number is 561-355-4506. Local filing information →

Palm Beach County sits in Florida’s 15th Judicial Circuit, and the State Attorney for that circuit prosecutes exploitation as a felony, graded by the amount taken. All numbers and links verified August 2026.

Martin County (19th Judicial Circuit)

Martin County’s senior safety net centers on the Kane Center, home of the Council on Aging of Martin County, with regional backup from the Treasure Coast’s Area Agency on Aging and two legal-aid programs that both cover the county.

Where to file the vulnerable adult injunction. The Martin clerk’s injunction office handles filings at the Stuart courthouse; its website lists only the violence injunctions, but every Florida clerk must accept and assist with the vulnerable adult petition, so ask for it by name. The local number is 772-288-5720. Local filing information →

Martin County sits in Florida’s 19th Judicial Circuit, and the State Attorney for that circuit prosecutes exploitation as a felony, graded by the amount taken. All numbers and links verified August 2026.

Lee County (20th Judicial Circuit)

In Lee County the fastest-moving doors are the Sheriff’s dedicated Fraud Line and a State Attorney’s Economic Crimes Unit that keeps a prosecutor, investigator, and victim advocate assigned to financial elder abuse; the clerk’s office has won statewide recognition for its vulnerable-adult injunction work.

Where to file the vulnerable adult injunction. The Lee clerk’s forms library includes a full vulnerable-adult injunction packet (the office has won statewide recognition for this work), and the 20th Circuit’s own “seeking protection” page has a dedicated vulnerable-adult section. The clerk’s injunction unit answers at 239-533-2884. The local number is 239-533-2884. Local filing information →

Lee County sits in Florida’s 20th Judicial Circuit, and the State Attorney for that circuit prosecutes exploitation as a felony, graded by the amount taken. All numbers and links verified August 2026.

Collier County (20th Judicial Circuit)

Collier County’s Sheriff runs one of the most complete senior-protection programs in Florida, from a Senior Advocacy Unit to the Communities Against Senior Exploitation partnership, and the clerk publishes its own plain-English explainer on the vulnerable adult injunction.

Where to file the vulnerable adult injunction. The Collier clerk publishes its own explainer on the vulnerable adult injunction, including who may file (an agent under a power of attorney qualifies), and staffs a Self-Help Center on the courthouse first floor. The local number is 239-252-2646. Local filing information →

Collier County sits in Florida’s 20th Judicial Circuit, and the State Attorney for that circuit prosecutes exploitation as a felony, graded by the amount taken. All numbers and links verified August 2026.

Charlotte County (20th Judicial Circuit)

Charlotte County’s Sheriff names exploitation of the elderly as a Major Case investigative priority, and the county’s Aging and Adult Services page itself points families to the abuse hotline, a sign of how common these calls are in one of Florida’s oldest counties.

Where to file the vulnerable adult injunction. File with the Charlotte clerk at the Justice Center (350 E. Marion Ave., Punta Gorda). The clerk’s injunction page lists only the violence types, but the 20th Circuit’s “seeking protection” page has a dedicated vulnerable-adult section that applies in Charlotte, and the clerk must assist with the petition. The local number is 941-637-2162. Local filing information →

Charlotte County sits in Florida’s 20th Judicial Circuit, and the State Attorney for that circuit prosecutes exploitation as a felony, graded by the amount taken. All numbers and links verified August 2026.

Sarasota County (12th Judicial Circuit)

Sarasota’s State Attorney runs a unit literally named for the problem, the Exploitation of the Elderly/White Collar Unit, and the Sheriff hosts two Seniors vs. Crime offices plus an economic-crimes team with a direct fraud line.

Where to file the vulnerable adult injunction. The Sarasota clerk assists with the vulnerable adult petition at no filing fee and helps prepare violation affidavits if an injunction is later violated. The local number is 941-861-7400. Local filing information →

Sarasota County sits in Florida’s 12th Judicial Circuit, and the State Attorney for that circuit prosecutes exploitation as a felony, graded by the amount taken. All numbers and links verified August 2026.

Hillsborough County (13th Judicial Circuit)

Hillsborough has the most complete clerk support in Florida for the vulnerable adult injunction, a full forms package on its own page, plus a Sheriff’s Crimes Against the Elderly Unit and the court program formerly known as the Elder Justice Center (renamed Guardianship Case Management in 2025).

Where to file the vulnerable adult injunction. The Hillsborough clerk publishes a dedicated Vulnerable Adult Forms page with a complete packet (petition, modification, dissolution, and violation affidavit). File at the Tampa or Plant City courthouse. The local number is 813-276-8100. Local filing information →

Hillsborough County sits in Florida’s 13th Judicial Circuit, and the State Attorney for that circuit prosecutes exploitation as a felony, graded by the amount taken. All numbers and links verified August 2026.

Pinellas County (6th Judicial Circuit)

Pinellas families have two under-known local watchdogs, namely the clerk’s own Guardianship Fraud Program with a dedicated fraud hotline, and two legal-aid organizations with senior-focused practices in St. Petersburg.

Where to file the vulnerable adult injunction. File with the Pinellas clerk’s injunction office, which publishes a vulnerable-adult brochure; every clerk must provide the simplified petition and help you complete it, at no filing fee. Local filing information →

Pinellas County sits in Florida’s 6th Judicial Circuit, and the State Attorney for that circuit prosecutes exploitation as a felony, graded by the amount taken. All numbers and links verified August 2026.

Orange County (9th Judicial Circuit)

In Orange County the strongest abuse-specific resource sits at the Area Agency on Aging, where the Senior Resource Alliance runs its own abuse, neglect, and exploitation prevention program, alongside the county’s Office on Aging and the Sheriff’s Senior Connect outreach.

Where to file the vulnerable adult injunction. File with the Orange County clerk (the vulnerable-adult petition is in the clerk’s forms library even though the restraining-order page lists only the violence types). The injunction desk is at the Orange County Courthouse. The local number is 407-836-2000. Local filing information →

Orange County sits in Florida’s 9th Judicial Circuit, and the State Attorney for that circuit prosecutes exploitation as a felony, graded by the amount taken. All numbers and links verified August 2026.

Brevard County (18th Judicial Circuit)

Brevard’s senior safety net runs through Aging Matters in Brevard, the county’s lead senior-services nonprofit since 1965, with the Senior Resource Alliance covering the abuse-prevention side regionally.

Where to file the vulnerable adult injunction. Brevard’s clerk lists only the violence injunctions on its website, but the vulnerable adult petition can still be filed at the Moore Justice Center in Viera (the clerk must assist), or electronically through the statewide e-filing portal at myflcourtaccess.com. Local filing information →

Brevard County sits in Florida’s 18th Judicial Circuit, and the State Attorney for that circuit prosecutes exploitation as a felony, graded by the amount taken. All numbers and links verified August 2026.

Duval County (4th Judicial Circuit)

Jacksonville is home to a Florida first, the State Attorney’s Elder and Vulnerable Adult Abuse Fatality Review Team, the state’s first team dedicated to reviewing elder deaths from abuse and neglect. The clerk handles vulnerable-adult injunctions through its Mental Health department, which few families would guess.

Where to file the vulnerable adult injunction. In Duval, the vulnerable adult injunction is handled by the clerk’s Mental Health department (501 W. Adams St., Room 2409), not the domestic-violence counter; you can also e-file through myflcourtaccess.com. The local number is 904-255-1986. Local filing information →

Duval County sits in Florida’s 4th Judicial Circuit, and the State Attorney for that circuit prosecutes exploitation as a felony, graded by the amount taken. All numbers and links verified August 2026.

St. Johns County (7th Judicial Circuit)

St. Johns is one of the few counties in the state where the State Attorney maintains a dedicated elder-abuse page, explaining how the office prosecutes abuse and financial exploitation with an assigned prosecutor and victim advocate.

Where to file the vulnerable adult injunction. The St. Johns clerk’s family-law page lists only the violence injunctions, but the vulnerable adult petition can be filed at the St. Augustine courthouse (the clerk must assist), or electronically through myflcourtaccess.com. The local number is 904-819-3600. Local filing information →

St. Johns County sits in Florida’s 7th Judicial Circuit, and the State Attorney for that circuit prosecutes exploitation as a felony, graded by the amount taken. All numbers and links verified August 2026.

Marion County (5th Judicial Circuit)

Marion County stands out on two fronts. The Sheriff maintains a dedicated elder-abuse page, and the clerk runs its own Vulnerable Adults page with bilingual flyers on who may file the injunction and how.

Where to file the vulnerable adult injunction. The Marion clerk runs a dedicated Vulnerable Adults page (110 NW 1st Ave., Ocala) with English and Spanish flyers on who may file and how. The local number is 352-671-5604. Local filing information →

Marion County sits in Florida’s 5th Judicial Circuit, and the State Attorney for that circuit prosecutes exploitation as a felony, graded by the amount taken. All numbers and links verified August 2026.

Indian River County (19th Judicial Circuit)

In Indian River County the Senior Resource Association leads local senior services from Vero Beach, and the clerk handles vulnerable-adult injunctions through its Probate and Guardianship division, with brochures in English, Spanish, and Creole.

Where to file the vulnerable adult injunction. In Indian River, the clerk’s Probate and Guardianship division handles the vulnerable adult injunction, with brochures in English, Spanish, and Creole. The local number is 772-226-3164. Local filing information →

Indian River County sits in Florida’s 19th Judicial Circuit, and the State Attorney for that circuit prosecutes exploitation as a felony, graded by the amount taken. All numbers and links verified August 2026.

Elsewhere in Florida, start with the statewide hotline guide; every clerk of court in the state must help you file the vulnerable adult petition.

Frequently Asked Questions

Is Elder Abuse a Crime in Florida?

Yes, three crimes. Abuse of an elderly or disabled adult (including intentionally isolating them from family) is a felony. Neglect by a caregiver is a felony. And financial exploitation is a felony graded by the amount taken. Roughly $50,000 or more is a first-degree felony, $10,000 to $50,000 second degree, and under $10,000 third degree. The state prosecutes those crimes. What the criminal case does not do is return the money or fix the estate; that runs on the civil side, and the two tracks can move at the same time.

Who Counts as a Protected "Vulnerable Adult"?

For the protective system, a vulnerable adult is anyone 18 or older whose ability to care for or protect themselves is impaired by disability, brain damage, or the infirmities of aging. For the criminal exploitation statute, an "elderly person" is someone 60 or older whose infirmities impair their ability to provide for their own care; Florida courts require proof of the impairment, not just the birthday. In practice, a parent with dementia, a stroke, or serious frailty qualifies; a fully sharp 75-year-old may not, and different tools apply.

Someone Is Taking Advantage of My Parent Right Now. What Do I Do First?

Three moves, in order. Call the Florida Abuse Hotline at 1-800-962-2873, press 2 (911 first if there is immediate danger). Tell the bank’s fraud department, because Florida law lets financial institutions flag and delay suspicious transactions for customers 65 and older. Then get the court freeze moving, because a vulnerable adult injunction can lock accounts and credit lines within days, with no filing fee, before they are empty. Document everything as you go, from statements and texts to sudden document changes and isolation.

Can We Get the Money Back?

Often, yes, if you move while assets remain. Florida’s civil-theft remedy lets the victim (or the estate) recover up to three times the amount taken plus attorney fees, after a required written demand. A separate statute lets a vulnerable adult recover actual and punitive damages from any perpetrator. Courts can also void deeds, beneficiary changes, and transfers signed under undue influence, impose constructive trusts, and compel accountings from agents and trustees. Speed matters more than anything; money that has been spent or moved offshore is far harder to reach.

Can the Abuser Still Inherit From My Parent?

Florida has one of the strongest forfeiture rules in the country. A person convicted of abusing, neglecting, or exploiting the decedent forfeits everything, including their share under the will, intestate rights, and even survivorship assets, because the statute severs joint tenancies and pay-on-death arrangements so the victim’s share passes as if the abuser died first. Even without a conviction, a court can apply the rule on the greater weight of the evidence where the conduct caused or contributed to the death. The forfeiture is real pressure, and it changes settlement math in these cases.

What Does It Cost to Fight Elder Abuse?

The emergency injunction has no court filing fee, and the clerk must help with the forms. On the recovery side, the treble-damages statute shifts reasonable attorney fees to the wrongdoer when you win, which is part of why a well-documented demand often produces a settlement. Our free consultation maps your specific case, covering what can be frozen, what can be recovered, what it will take, and a quoted fee before you commit to anything.

Common Situations

The isolating caregiver. A hired caregiver screens a widower’s calls, cancels his card, and drives him to a lawyer to change his will. His children report to the hotline, get the injunction with its no-contact and freeze terms, and contest the new will under the undue-influence presumption. The isolation itself supports the abuse count.

The joint-account son. One son, added to accounts "for convenience," treats them as his own while his mother slides into dementia. The family compels an accounting, sues under the civil-theft statute for treble damages, and when the mother passes, his conviction forfeits his inheritance, including the survivorship rights on the very accounts he raided.

The out-of-state daughter. From Chicago, a daughter watches her Florida mother’s savings drip toward an online "advisor." Everything happens from wherever you are, including the hotline report, the bank alerts, the injunction filed under the anonymous-scammer rules, and the recovery demand. Distance changed nothing; speed did.

Sources of Law

What Families Notice Before the Money Moves

In 14 years of law practice, the families who catch this early do not catch it by watching the accounts. They catch it by noticing who is answering the phone.

A common question I hear is, "Is this actually a crime, or just family being family?" It can be both, and the two tracks run separately. A prosecutor may or may not file, and that has no bearing on whether the money can be pursued civilly, which is usually the part that matters to the family.

What I look for is isolation, because it is the pattern rather than any single transaction. Somebody new starts driving to the appointments, sitting in on the meetings and screening the calls, and the transfers follow months later.

Practice pointer. Build the timeline before you build the case. When the new person appeared, when the visits stopped, when the account changed. Nobody can reconstruct those dates a year later, and they carry more weight than the outrage does.

Avoid waiting for the criminal case to finish before acting on the money. The civil clock runs on its own schedule and the assets move on somebody else’s.

Kevin D. Klagge, Esq., admitted in Florida since 2012. Any case described is a decision of a court rather than a matter handled by this firm. General information rather than advice on your situation.

Updated on September 29, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice, and no attorney-client relationship is created. Outcomes depend on the facts and evidence; past results do not guarantee a similar outcome. Do not send confidential information until we have agreed to represent you.

More Guides on Florida Elder Abuse

This guide is part of Florida Elder Law.

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