Exploitation of Vulnerable Adults

What constitutes a Vulnerable Adult?

Florida law defines a “Vulnerable adult” means a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.  

What are the Contexts in which Abuse arises?

“Intimidation” means the communication by word or act to a vulnerable adult that that person will be deprived of food, nutrition, clothing, shelter, supervision, medicine, medical services, money, or financial support or will suffer physical violence.

“Lacks capacity to consent” means a mental impairment that causes a vulnerable adult to lack sufficient understanding or capacity to make or communicate responsible decisions concerning person or property, including whether or not to accept protective services.

“Neglect” means the failure or omission on the part of the caregiver or vulnerable adult to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, which a prudent person would consider essential for the well-being of a vulnerable adult. The term “neglect” also means the failure of a caregiver or vulnerable adult to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. “Neglect” is repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in serious physical or psychological injury or a substantial risk of death.

An Abuser of a Vulnerable Adult can be held Personally Liable

“Abuse” means any willful act or threatened act by a relative, caregiver, or household member which causes or is likely to cause significant impairment to a vulnerable adult’s physical, mental, or emotional health. Abuse includes acts and omissions.

F.S. §415.1111 creates a civil action in favor of the vulnerable adult against a perpetrator for actual and punitive damages caused by the abuse, neglect, or exploitation of the vulnerable adult. The action can be brought solely by the vulnerable adult, his guardian, or personal representative. A person or organization acting on behalf of the vulnerable adult can also bring the action but only with the consent of the vulnerable adult. 

What are Punitive Damages?

The statute provides that the perpetrator of abuse can face punitive damages in addition to actual damages.  Punitive damages are big deal because they are designed to punish and act as a deterrent.  In some instances, punitive damages can be 3 or even 4 times the amount of actual damages suffered.

Who can sue on behalf of the Vulnerable Adult?

An action can be brought solely by the vulnerable adult, his guardian, or personal representative. A person or organization acting on behalf of the vulnerable adult can also bring the action but only with the consent of the vulnerable adult. Therefore, an individual who sues solely in their individual capacity on behalf of a vulnerable adult without his/her consent lacks standing under the statute and the lawsuit should be dismissed on this basis.

Want to know more?

If you are facing allegations in a civil lawsuit regarding abuse or suspect your loved one was abused, contact Volusia County experienced elder abuse lawyer Andrew J. Pascale today.  This blog does not constitute legal advice and is for illustrative purposes only.