Florida Exploitation of the Elderly Charges: Is It Elder Exploitation if the Senior Gave You a Gift?

Accepting a gift from an older relative, friend, or neighbor is usually perfectly legal. However, in Florida, a gift can lead to criminal charges if prosecutors believe it was not truly given freely. So the short answer to whether it is elder exploitation if a senior gifts you, is that a gift is not automatically exploitation, but it can be treated that way depending on the circumstances.

If you have been accused or you are worried a gift could be questioned, here is what you need to know.

What Does Florida Law Consider Exploitation?

Florida law treats elder exploitation as knowingly taking or using an elderly individual’s money or property, either to keep it from them or to benefit someone else. This usually applies to people the senior trusts, like family members and caregivers, or people who deal with them in business. But it isn’t limited to those groups. Anyone who knew or was expected to have known that the senior couldn’t give consent can be held responsible, too.

The focus in these cases is usually on intent and consent. A gift freely given by someone who understands what they are doing is very different from money obtained through pressure, deception, or confusion.

Who Counts as an Elderly Person?

Under Florida law, this is someone 60 or older whose ability to care for or protect themselves has been affected by the effects of aging. The law also extends its protections to disabled adults.

When Can a Gift Raise Red Flags?

Florida law includes a presumption for larger transfers. If someone 65 or older transfers more than $10,000 to someone who’s not a relative and whom they have known for less than two years, and receives nothing meaningful in return, a jury may infer exploitation. Calling the transfer a gift does not change that.

However, jurors don’t have to draw that inference, and the defendant doesn’t have to prove anything.

What Are the Penalties?

The penalties for this crime depend on how much was involved. The amounts covered range from below $10,000 to $50,000, and penalties range from 5 to 30 years in prison.

What Should You Do if You Are Accused?

Consider taking these steps if you are facing allegations of elder exploitation:

• Avoid contacting the senior or their family to discuss the accusation.
• Gather bank records, messages, and receipts that show the gift was voluntary.
• Politely decline to answer investigators’ questions until you have spoken with a lawyer.
• Contact a criminal defense attorney as soon as possible.

Remember, an accusation is not a conviction. Prosecutors must still prove intent, and a genuine gift from someone with the capacity to give it can be an important part of your defense.

Contact Us for Legal Help

Are you under investigation, or have you been charged with exploiting an older or disabled person in Florida? Reach out to our experienced Orlando criminal defense attorney at Joshi Law Firm, P.A. We can review the facts of your case, protect your rights, and help you plan your next step with confidence.