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The Lewin Law Firm, PLLC
561-710-2819​

Daniel Lewin

Fierce Advocacy. Genuine Compassion.

West Palm Beach Elder Exploitation Defense Attorney

An elder exploitation accusation can put your freedom, reputation and family relationships at risk. At The Lewin Law Firm, PLLC, I take a detail-oriented approach to each case and give every client personal attention. Understanding your side of the story is an important first step toward building a defense. If you need a West Palm Beach elder exploitation lawyer, I can help you understand your options and protect your rights.

Understanding Financial Exploitation Charges Under Florida Law

Florida Statute 825.103 makes certain acts of financial exploitation a crime. These acts may include using an elderly person’s or disabled adult’s money or property for personal gain through fraud or misuse of a position of trust. The law also covers certain actions involving a person who cannot consent and breaches of fiduciary duty by agents, guardians and trustees.

A family disagreement or disputed transfer does not automatically prove a crime. The key questions include what happened, whether the transaction was authorized and whether the evidence supports the charge.

Defending Caregivers, Family Members And Fiduciaries In Palm Beach County

Family members, caregivers and agents under a power of attorney may face accusations after helping someone manage their finances. A transfer might involve a gift, a loan, a shared account or payment for care. Without the full context, these transactions can raise concerns.

Bank statements, written agreements, messages and other records may help explain why money changed hands. Evidence of the person’s wishes and the authority granted to you may also help clarify the situation. Each case depends on its facts and the evidence available.

Penalties For Exploitation Of An Elderly Person Or Disabled Adult In Florida

The value of the funds, assets or property involved can affect the felony level and potential prison term:

  • Under $10,000: Third-degree felony, punishable by up to five years in prison.
  • $10,000 to $49,999: Second-degree felony, punishable by up to 15 years in prison.
  • $50,000 or more: First-degree felony, punishable by up to 30 years in prison.

A conviction may also damage your reputation and affect your future. The amount involved, the evidence and the circumstances of the alleged offense all matter when assessing the potential consequences.

Can I Be Charged With Elder Exploitation If I Had A Valid Power Of Attorney?

Yes. A valid power of attorney gives an agent certain legal powers, but it does not allow every use of another person’s money. The document’s terms, the agent’s duties and the purpose of each transaction all matter. Records showing the person’s consent, the agent’s authority or how the money was spent may help explain a disputed transaction. However, having a valid power of attorney does not automatically prevent criminal charges.

Discuss Your Elder Exploitation Case With The Lewin Law Firm, PLLC

An accusation does not tell the whole story. If you face elder exploitation charges in West Palm Beach or elsewhere in Palm Beach County, call us at 561-710-2819 or send us an email for a free, confidential consultation. A review of the allegations and available evidence can help you understand your legal options and decide how to move forward. Do not let a felony charge ruin your future.