A possibly helpful Florida legal injunction

Fl St 825.1035 may allow a concerned family member to demand the court freeze the assets of a vulnerable senior to prevent their asset from being plundered

5th Circuit Court of Appeals 5th Circuit Court of Appeals

Fl St 825.1035 may allow a concerned family member to demand the court freeze the assets of a vulnerable senior to prevent their asset from being plundered. If the victim is already a ward or an AIP, the guardian must be asked to allow this petition. If, as expected the guardian refuses, then appropriate steps to object or remove the guardian can be undertaken with the court.

825.1035 Injunction for protection against exploitation of a vulnerable adult.—(1) INJUNCTION CREATED.—There is created a cause of action for an injunction for protection against exploitation of a vulnerable adult.(2) WHO MAY FILE; VENUE; RECORDING.—(a) The cause of action may be sought in an adversary proceeding by:1. A vulnerable adult in imminent danger of being exploited;2. The guardian of a vulnerable adult in imminent danger of being exploited;3. A person or organization acting on behalf of the vulnerable adult with the consent of the vulnerable adult or his or her guardian; or4. A person wh

825.1035 Injunction for protection against exploitation of a vulnerable adult.—
(1) INJUNCTION CREATED.—There is created a cause of action for an injunction for protection against exploitation of a vulnerable adult.
(2) WHO MAY FILE; VENUE; RECORDING.—
(a) The cause of action may be sought in an adversary proceeding by:
1. A vulnerable adult in imminent danger of being exploited;
2. The guardian of a vulnerable adult in imminent danger of being exploited;
3. A person or organization acting on behalf of the vulnerable adult with the consent of the vulnerable adult or his or her guardian; or
4. A person who simultaneously files a petition for determination of incapacity and appointment of an emergency temporary guardian with respect to the vulnerable adult.
(b) A sworn petition for an injunction for protection against exploitation of a vulnerable adult may be filed regardless of whether any other cause of action is currently pending between either the petitioner and the respondent or the vulnerable adult and the respondent. However, the pendency of any such cause of action must be noted in the petition.
(c) A person temporarily or permanently vacating a residence or household in an attempt to avoid exploitation does not affect his or her right to petition for an injunction.
(d) Parties to an injunction for protection against exploitation of a vulnerable adult may not be required to be represented by an attorney.
(e) There is no minimum requirement of residency to petition for an injunction for protection against exploitation of a vulnerable adult. It is not required as a prerequisite of filing a petition for or issuance of an injunction under this section for exploitation to have already occurred.
(f) If a proceeding concerning the vulnerable adult under chapter 744 is pending at the time of the filing, the petition must be filed in that proceeding. Otherwise, a petition for an injunction for protection against exploitation of a vulnerable adult may only be filed in the circuit where the vulnerable adult resides.
(g) All proceedings conducted pursuant to this subsection must be recorded. Recording may be by electronic means as provided by court rule.
(3) FORM OF PETITION.—
(a) A sworn petition filed under this section must allege the existence of exploitation, or the imminent exploitation, of the vulnerable adult and must include the specific facts and circumstances for which relief is sought. The sworn petition must be in substantially the following form:


PETITION FOR INJUNCTION FOR PROTECTION
AGAINST EXPLOITATION OF A VULNERABLE ADULT

Before me, the undersigned authority, personally appeared Petitioner (Name) , who has been sworn and says that the following statements are true:

1. The vulnerable adult resides at: (address) .

2. The respondent resides at: (last known address) .

3. The respondent’s last known place of employment is: (name of business and address) .

4. Physical description of the respondent:

Race

Sex

Date of birth

Height

Weight

Eye color

Hair color

Distinguishing marks or scars

5. Aliases of the respondent:

6. The respondent is associated with the vulnerable adult as follows:

7. The following describes any other cause of action currently pending between the petitioner and the respondent, any proceeding under chapter 744 concerning the vulnerable adult, and any previous or pending attempts by the petitioner to obtain an injunction for protection against exploitation of the vulnerable adult in this or any other circuit; related case numbers, if available; and the results of any such attempts:

8. The following describes the petitioner’s knowledge of any reports made to a government agency, including, but not limited to, the Department of Elderly Affairs, the Department of Children and Families, and the adult protective services program relating to the abuse, neglect, or exploitation of the vulnerable adult; any investigations performed by a government agency relating to abuse, neglect, or exploitation of the vulnerable adult; and the results of any such reports or investigations:

9. The petitioner knows the vulnerable adult is either a victim of exploitation or the petitioner has reasonable cause to believe the vulnerable adult is, or is in imminent danger of becoming, a victim of exploitation because the respondent has: (describe in the spaces below the incidents or threats of exploitation) .

10. The following describes the petitioner’s knowledge of the vulnerable adult’s dependence on the respondent for care; alternative provisions for the vulnerable adult’s care in the absence of the respondent, if necessary; available resources the vulnerable adult has to access such alternative provisions; and the vulnerable adult’s willingness to use such alternative provisions:

11. The petitioner knows the vulnerable adult maintains assets, accounts, or lines of credit at the following financial institution(s): (list name, address, and account number of each) .

12. The petitioner believes that the vulnerable adult’s assets to be frozen are: (mark one) .

Worth less than $1500;

Worth between $1500 and $5000; or

Worth more than $5000.

13. The petitioner genuinely fears imminent exploitation of the vulnerable adult by the respondent.

14. The petitioner seeks an injunction for the protection of the vulnerable adult, including: (mark appropriate section or sections) .

Prohibiting the respondent from having any direct or indirect contact with the vulnerable adult.

Immediately restraining the respondent from committing any acts of exploitation against the vulnerable adult.

Freezing the assets of the vulnerable adult held at (name and address of depository or financial institution) even if titled jointly with the respondent, or in the respondent’s name only, in the court’s discretion.

Freezing the credit lines of the vulnerable adult at (name and address of financial institution) even if jointly with the respondent, in the court’s discretion.

Providing any terms the court deems necessary for the protection of the vulnerable adult or his or her assets, including any injunctions or directives to law enforcement agencies.

15. Should the court enter an injunction freezing assets and credit lines, the petitioner believes that the critical expenses of the vulnerable adult will be paid for or provided by the following persons or entities, or the petitioner requests that the following expenses be paid notwithstanding the freeze: (for each expense, list the name of the payee, address, account number if known, amount, and a brief explanation of why payment is critical) .

(b) Each petition for an injunction for protection against exploitation of a vulnerable adult must contain, directly above the signature line, a statement in all capital letters and bold type not smaller than the surrounding text, as follows:
I ACKNOWLEDGE THAT PURSUANT TO SECTION 415.1034, FLORIDA STATUTES, ANY PERSON WHO KNOWS, OR HAS REASONABLE CAUSE TO SUSPECT, THAT A VULNERABLE ADULT HAS BEEN OR IS BEING ABUSED, NEGLECTED, OR EXPLOITED HAS A DUTY TO IMMEDIATELY REPORT SUCH KNOWLEDGE OR SUSPICION TO THE CENTRAL ABUSE HOTLINE. I HAVE REPORTED THE ALLEGATIONS IN THIS PETITION TO THE CENTRAL ABUSE HOTLINE.

I HAVE READ EACH STATEMENT MADE IN THIS PETITION AND EACH SUCH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES.

o simultaneously files a petition for determination of incapacity and appointment of an emergency temporary guardian with respect to the vulnerable adult.(b) A sworn petition for an injunction for protection against exploitation of a vulnerable adult may be filed regardless of whether any other cause of action is currently pending between either the petitioner and the respondent or the vulnerable adult and the respondent. However, the pendency of any such cause of action must be noted in the petition.(c) A person temporarily or permanently vacating a residence or household in an attempt to avoid exploitation does not affect his or her right to petition for an injunction.(d) Parties to an injunction for protection against exploitation of a vulnerable adult may not be required to be represented by an attorney.(e) There is no minimum requirement of residency to petition for an injunction for protection against exploitation of a vulnerable adult. It is not required as a prerequisite of filing a petition for or issuance of an injunction under this section for exploitation to have already occurred.(f) If a proceeding concerning the vulnerable adult under chapter 744 is pending at the time of the filing, the petition must be filed in that proceeding. Otherwise, a petition for an injunction for protection against exploitation of a vulnerable adult may only be filed in the circuit where the vulnerable adult resides.(g) All proceedings conducted pursuant to this subsection must be recorded. Recording may be by electronic means as provided by court rule.(3) FORM OF PETITION.—(a) A sworn petition filed under this section must allege the existence of exploitation, or the imminent exploitation, of the vulnerable adult and must include the specific facts and circumstances for which relief is sought. The sworn petition must be in substantially the following form:

PETITION FOR INJUNCTION FOR PROTECTION
AGAINST EXPLOITATION OF A VULNERABLE ADULT

Before me, the undersigned authority, personally appeared Petitioner   (Name)  , who has been sworn and says that the following statements are true:

1. The vulnerable adult resides at:   (address)  .

2. The respondent resides at:   (last known address)  .

3. The respondent’s last known place of employment is:   (name of business and address)  .

4. Physical description of the respondent:  

Race 

Sex 

Date of birth 

Height 

Weight 

Eye color 

Hair color 

Distinguishing marks or scars 

5. Aliases of the respondent:  

6. The respondent is associated with the vulnerable adult as follows:  

7. The following describes any other cause of action currently pending between the petitioner and the respondent, any proceeding under chapter 744 concerning the vulnerable adult, and any previous or pending attempts by the petitioner to obtain an injunction for protection against exploitation of the vulnerable adult in this or any other circuit; related case numbers, if available; and the results of any such attempts: 

8. The following describes the petitioner’s knowledge of any reports made to a government agency, including, but not limited to, the Department of Elderly Affairs, the Department of Children and Families, and the adult protective services program relating to the abuse, neglect, or exploitation of the vulnerable adult; any investigations performed by a government agency relating to abuse, neglect, or exploitation of the vulnerable adult; and the results of any such reports or investigations:  

9. The petitioner knows the vulnerable adult is either a victim of exploitation or the petitioner has reasonable cause to believe the vulnerable adult is, or is in imminent danger of becoming, a victim of exploitation because the respondent has:   (describe in the spaces below the incidents or threats of exploitation)  .

10. The following describes the petitioner’s knowledge of the vulnerable adult’s dependence on the respondent for care; alternative provisions for the vulnerable adult’s care in the absence of the respondent, if necessary; available resources the vulnerable adult has to access such alternative provisions; and the vulnerable adult’s willingness to use such alternative provisions:  

11. The petitioner knows the vulnerable adult maintains assets, accounts, or lines of credit at the following financial institution(s):   (list name, address, and account number of each)  .

12. The petitioner believes that the vulnerable adult’s assets to be frozen are:   (mark one)  .

 Worth less than $1500;

 Worth between $1500 and $5000; or

 Worth more than $5000.

13. The petitioner genuinely fears imminent exploitation of the vulnerable adult by the respondent.

14. The petitioner seeks an injunction for the protection of the vulnerable adult, including:   (mark appropriate section or sections)  .

 Prohibiting the respondent from having any direct or indirect contact with the vulnerable adult.

 Immediately restraining the respondent from committing any acts of exploitation against the vulnerable adult.

 Freezing the assets of the vulnerable adult held at   (name and address of depository or financial institution)   even if titled jointly with the respondent, or in the respondent’s name only, in the court’s discretion.

 Freezing the credit lines of the vulnerable adult at   (name and address of financial institution)   even if jointly with the respondent, in the court’s discretion.

 Providing any terms the court deems necessary for the protection of the vulnerable adult or his or her assets, including any injunctions or directives to law enforcement agencies.

15. Should the court enter an injunction freezing assets and credit lines, the petitioner believes that the critical expenses of the vulnerable adult will be paid for or provided by the following persons or entities, or the petitioner requests that the following expenses be paid notwithstanding the freeze:   (for each expense, list the name of the payee, address, account number if known, amount, and a brief explanation of why payment is critical)  .(b) Each petition for an injunction for protection against exploitation of a vulnerable adult must contain, directly above the signature line, a statement in all capital letters and bold type not smaller than the surrounding text, as follows:

I ACKNOWLEDGE THAT PURSUANT TO SECTION 415.1034, FLORIDA STATUTES, ANY PERSON WHO KNOWS, OR HAS REASONABLE CAUSE TO SUSPECT, THAT A VULNERABLE ADULT HAS BEEN OR IS BEING ABUSED, NEGLECTED, OR EXPLOITED HAS A DUTY TO IMMEDIATELY REPORT SUCH KNOWLEDGE OR SUSPICION TO THE CENTRAL ABUSE HOTLINE. I HAVE REPORTED THE ALLEGATIONS IN THIS PETITION TO THE CENTRAL ABUSE HOTLINE.

I HAVE READ EACH STATEMENT MADE IN THIS PETITION AND EACH SUCH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES.