What It Is
Financial exploitation is when someone knowingly takes or uses an elderly or disabled person’s money, assets, or property for their own benefit, through deception, intimidation, or by abusing a position of trust. It looks like a caregiver draining accounts, a relative or new "friend" pressuring changes to a deed, a beneficiary form, or a power of attorney, an agent helping themselves, or someone isolating your parent to control the money. Florida treats it as both a crime and something you can sue over.
Yes, It’s a Felony
Exploiting an elderly person (60 or older and weakened by the infirmities of aging) or a disabled adult is a felony in Florida, and the charge grows with the amount taken, the largest cases (roughly $50,000 or more) are first-degree felonies. But a criminal case is brought by the state and does not, by itself, get your family’s money back. That is what the civil side is for, and the two can run side by side.
How You Get the Money Back
Through a civil lawsuit. Florida’s civil-theft law lets you recover up to three times the amount taken, plus attorney’s fees, after a proper written demand. We can also void the deed, beneficiary change, or transfer obtained by undue influence, freeze the wrongdoer’s assets before they vanish, and demand an accounting. The aim is to recover and undo, not just to punish.
Think your parent is being exploited?
Book a free 30-minute consult. We move fast to freeze assets, demand records, and protect your parent.
Book your free consultThe Abuser Can Lose Their Inheritance Too
Here is the rule that changes the math: a person convicted of abusing, neglecting, or exploiting the deceased forfeits their inheritance, treated as if they had died first, and even without a conviction a court can apply the rule where the conduct caused or contributed to the death. So the relative or caregiver who drained the accounts can lose not only what they took, but their share of the estate. It takes a case to prove, but it is one of the strongest levers Florida law gives a family.
How to Report It
Report to Florida’s Adult Protective Services through the statewide abuse hotline, 1-800-96-ABUSE (1-800-962-2873), available 24/7; call 911 if there is immediate danger. Reporting protects your parent and creates a record, but it does not recover assets or fix the estate. For that, pair it with a lawyer on the civil side. While you are at it, document everything, unusual withdrawals, a controlling new caregiver, sudden changes to deeds or beneficiary forms, isolation, and preserve the records.
Frequently Asked Questions
What Counts as Financial Exploitation of an Elderly Person in Florida?
It is when someone knowingly takes or uses an elderly or disabled person’s money, assets, or property for their own benefit, through deception, intimidation, or by abusing a position of trust. It covers a caregiver draining accounts, a relative or new "friend" pressuring changes to a deed, beneficiary form, or power of attorney, an agent under a power of attorney helping themselves, or someone isolating the elder to control their finances. Florida treats it as both a crime and something you can sue over to get the money back.
Is Financial Exploitation of the Elderly a Felony in Florida?
Yes. Exploiting an elderly person (age 60 or older and impaired by the infirmities of aging, as the criminal statute defines it) or a disabled adult is a felony, and the severity rises with the amount taken, with the largest cases (roughly $50,000 or more) charged as a first-degree felony. Criminal charges are brought by the state, but a criminal case does not, by itself, get your family’s money back. That is what the civil side is for, and the two can run in parallel.
How Do I Get the Money Back?
Through a civil lawsuit, separate from any criminal case. Florida’s civil-theft law lets you recover up to three times the amount taken, plus attorney’s fees, after a proper written demand. We can also sue to void the deed, beneficiary change, or transfer that was obtained by undue influence, freeze the wrongdoer’s assets so the money does not disappear, and demand an accounting. The goal is to recover the assets and undo what was done, not just to punish.
Can the Person Who Exploited My Parent Still Inherit?
Often no. Florida has a powerful rule: a person convicted of abusing, neglecting, or exploiting the deceased forfeits their inheritance, treated, in effect, as if they had died first. Even without a conviction, a court can apply the rule if it finds the conduct caused or contributed to the death. So the relative or caregiver who drained the accounts can lose not only what they took but their share of the estate too. Proving it takes a case, but the leverage is real, and it is one of the strongest tools we have.
How Do I Report Financial Exploitation of the Elderly in Florida?
Report it to the Florida Department of Children and Families Adult Protective Services through the statewide abuse hotline at 1-800-96-ABUSE (1-800-962-2873), available 24/7. If there is immediate danger, call 911. Reporting protects your parent and creates a record, but it does not recover assets or change the estate. For that, you also want a lawyer on the civil side, and the two efforts support each other.
What Should I Do if I Suspect Exploitation?
Act quickly and document everything: unusual withdrawals, a new "friend" or caregiver controlling access, sudden changes to deeds, beneficiary forms, or a power of attorney, and any isolation of your parent. Preserve statements and records. Then talk to us. Time matters, because money moves and trails go cold. We move fast to freeze assets, demand records, and protect your parent, while keeping the family’s options open.
Common Situations
The new "friend." A lonely widower’s new companion gets added to his accounts and his deed, and his children are shut out. We sue to void the transfers, recover the funds, and pursue the companion’s disqualification from the estate.
The agent who helped himself. A son holding power of attorney moves his mother’s savings into his own name. We compel an accounting, claim civil theft for treble damages, and unwind the transfers.
Sources of Law
- Fla. Stat. §825.103 (criminal exploitation of an elderly person or disabled adult; felony graded by value); §772.11 (civil theft, treble damages and attorney’s fees after written demand); §732.8031 (conviction of abuse, neglect, exploitation, or aggravated manslaughter of the decedent forfeits the inheritance; absent a conviction, a court may apply it on finding the conduct caused or contributed to the death). Report: Fla. Dept. of Children & Families APS, 1-800-96-ABUSE. (retrieved 2026-06-09)
Updated on June 10, 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.