Even with careful planning and communication, families sometimes discover too late that a loved one has fallen victim to financial exploitation or undue influence. By the time they realize something is wrong, assets may have been transferred, estate documents altered, or trusted relationships broken.

In Florida, these situations are unfortunately common — and they can leave families feeling helpless. But there are legal remedies and steps that can help uncover the truth, restore justice, and prevent further harm, especially when discussed alongside Holiday Estate Planning Tips that encourage families to review documents and stay vigilant during seasonal gatherings.

This article explains what families should do if they suspect exploitation, how Florida law defines it, and how professional estate guidance from Lumsden Law can help protect their loved ones and their legacy. 

Understanding Elder Exploitation in Florida 

Under Florida Statute §825.103, elder exploitation occurs when someone intentionally uses, deprives, or obtains an elderly person’s funds, assets, or property for personal gain. 

This can include: 

• Misusing powers of attorney or joint bank accounts 

• Pressuring a senior to change their will or trust 

• Withdrawing funds without permission 

• Transferring property deeds under false pretenses 

• Isolating a senior to control access or information 

The key factor is intentional misuse of trust or influence. Florida law treats these cases seriously — both civilly and criminally — but prompt action is critical. 

Recognizing the Warning Signs 

Families often notice subtle changes first — confusion about finances, missing documents, or new “advisors” who seem unusually close. These signs may point to deeper manipulation. 

Common red flags include: 

• Sudden changes to wills, trusts, or beneficiaries 

• New joint account holders or property transfers 

• Missing jewelry, valuables, or bank cards 

• Isolation from family or friends 

• Bills left unpaid or unexplained withdrawals 

• Fearfulness, confusion, or secrecy when asked about finances 

If even one of these signs appears, it’s time to act quickly. 

Step 1: Protect the Senior’s Immediate Safety 

If exploitation is suspected, the first priority is the senior’s wellbeing. 

• Ensure they have access to funds for essentials. 

• Limit contact with individuals suspected of abuse. 

• Gather trusted relatives or friends to provide emotional support. 

• If there’s immediate danger, contact local law enforcement or Florida Adult Protective Services (1-800-962-2873) right away. 

Emotional distress and financial instability can go hand-in-hand. Support and stability are vital while investigating the issue. 

Step 2: Secure Financial and Legal Records 

Documentation is often the strongest defense against exploitation. Families should collect and safeguard: 

• Bank and credit statements 

• Copies of wills, trusts, and deeds 

• Power of attorney or healthcare surrogate forms 

• Email or text communication with suspicious individuals 

• Records of property or title changes 

Do not destroy or alter any records — even if they appear damaging. An experienced estate attorney can determine which documents will be most useful in building a case. 

Step 3: Contact a Legal Professional Immediately 

Florida’s legal process for addressing exploitation can be complex. Working with a qualified estate attorney helps families: 

• Review and challenge suspicious estate documents 

• Freeze or recover assets where possible 

• Petition the court to revoke fraudulent powers of attorney 

• File civil claims for damages and restitution 

• Coordinate with law enforcement for criminal prosecution 

Timing is crucial. The longer exploitation goes unchallenged, the harder it becomes to recover assets or invalidate fraudulent transfers. 

Step 4: Determine if Undue Influence Played a Role 

Many cases of estate manipulation involve undue influence — when someone exerts pressure or control over a senior’s decisions. 

Florida courts consider several factors when evaluating undue influence, including: 

• Whether the influencer was active in arranging the will or trust 

• Whether they benefited significantly from changes 

• Whether they isolated the senior from other relatives 

• Whether the senior was vulnerable due to illness, grief, or dependency 

If evidence supports undue influence, the court may declare certain documents invalid — restoring the rightful estate plan and protecting beneficiaries. 

Step 5: File the Appropriate Legal Actions 

Depending on the situation, different remedies are available. 

Civil Remedies 

• Petition for Accounting: Forces disclosure of how funds or assets were managed. 

• Petition to Revoke Power of Attorney: Removes authority from someone abusing their role. 

• Lawsuit for Breach of Fiduciary Duty: Holds individuals accountable for misuse of trust or power. 

• Probate Litigation: Challenges improper wills or estate distributions. 

Criminal Remedies 

Florida’s criminal statutes allow prosecution of exploitation under felony charges, with penalties including fines, restitution, and imprisonment. Evidence from civil cases can support these prosecutions, making it an important consideration in Florida Estate Planning 2025 as families work to protect vulnerable loved ones.

Step 6: Rebuild the Estate Plan 

Once the immediate crisis is addressed, the next step is rebuilding protection. 

Lumsden Law helps families: 

• Reconstruct or reaffirm the senior’s valid estate documents 

• Appoint trustworthy fiduciaries and guardians when necessary 

• Add safeguards such as co-trustees, dual signers, or third-party oversight 

• Implement regular family check-ins to prevent future isolation 

Every new plan should reflect both the senior’s wishes and the lessons learned from the experience. 

Step 7: Strengthen Family Oversight and Communication 

The best prevention begins with conversation. When families regularly discuss financial management, healthcare preferences, and legal authority, it becomes much harder for exploitation to take root. 

Establish habits such as: 

• Quarterly family reviews of financial statements 

• Transparent sharing of estate documents with key family members 

• Naming backup decision-makers in case a trusted agent becomes unable to serve 

By treating estate planning as an ongoing, family-inclusive process, loved ones can ensure long-term stability and security. 

Florida Resources for Elder Protection 

Families dealing with exploitation can access several reliable Florida-based resources: 

• Florida Adult Protective Services: 1-800-962-2873 

• Florida Department of Elder Affairs: elderaffairs.org 

• Florida Bar’s Elder Law Section: resources on guardianship and exploitation prevention 

• Local Clerk of Court Probate Division: for estate-related filings and disputes 

Knowing where to turn helps families respond confidently and effectively. 

Why Acting Quickly Makes a Difference 

Fraud and exploitation can devastate a lifetime of hard work — but the law provides powerful tools to make things right. Prompt action protects not only financial stability but also dignity, independence, and family trust. 

No one should have to face the aftermath of exploitation alone. Legal intervention can help uncover wrongdoing, recover assets, and prevent further harm. 

Call to Action 

If you suspect that a loved one has been exploited or their estate plan has been compromised, don’t wait. Every day matters. 

Lumsden Law provides experienced guidance for Florida families navigating financial exploitation, undue influence, and estate recovery. 

Schedule a confidential consultation and take the first step toward protecting your family’s future. 

FAQs

1. What should I do first if I suspect elder exploitation in Florida?
Act quickly by ensuring the senior’s immediate safety, securing financial documents, and contacting a qualified estate or elder law attorney. Early action increases the chances of recovering assets and stopping further harm.

2. Can a family challenge suspicious changes to a will or trust?
Yes. In Florida, families can challenge wills, trusts, or property transfers if there is evidence of fraud, coercion, or undue influence. Courts may invalidate manipulated documents and restore the senior’s original estate plan.

3. What legal remedies are available to recover stolen assets?
Families can pursue civil actions such as petitions for accounting, revoking powers of attorney, lawsuits for breach of fiduciary duty, and probate litigation. Criminal prosecution is also possible under Florida Statute §825.103.

4. How can Lumsden Law help in cases of elder exploitation or estate manipulation?
Lumsden Law guides families through evidence gathering, legal challenges, asset recovery, and rebuilding a secure estate plan. They also coordinate with law enforcement when criminal exploitation is involved.