A vulnerable adult is an adult with impaired ability to:
Perform normal activities of daily living
Provide for own care or protection
Impairment is due to any of the following: disability (mental, emotional, sensory, long-term physical or developmental), brain damage, or infirmities of aging.
*Per section 415.102(28), Florida Statutes
What Constitutes Exploitation?
Depriving the vulnerable adult of his or her funds or property
Depriving the vulnerable adult with diminished capacity of funds or property
Breach of a fiduciary duty to the vulnerable adult
Bank account misuse
Failure to provide necessities
*Per section 825.103(1), Florida Statutes
Who May File a Petition?
A vulnerable adult in imminent danger of being exploited
The guardian of a vulnerable adult who is in imminent danger of being exploited
A person or organization acting with the consent of the vulnerable adult, or his or her guardian
A person who simultaneously files a petition for determination of incapacity and appointment of an emergency temporary guardian with respect to the vulnerable adult
Filing a Petition
Petitions are filed in the Probate Department of the Clerk's office located on the first floor of the Polk County Courthouse at 255 N. Broadway Ave., Bartow, FL. If it is an emergency or after office hours, call 911.
If a guardianship is pending, the petition must be filed in that case; otherwise, it must be filed in the circuit where the vulnerable adult resides.
Effect of Providing False Information to the Court
A person making false statements in a petition for an injunction against the exploitation of a vulnerable adult is subject to criminal penalties and perjury prosecution pursuant to section 837.02, Florida Statutes